Jewish learning and thought in Languedoc -- 1250-1300: implications of original philosophic work and the diffusion of philosophic learning in Languedoc -- 1250-1300: Jewish contacts with Christian intellectuals and Jewish thought regarding Christianity -- Meiri's transformation of Talmud study: philosophic spirituality in a halakhic key -- 1300: on the eve of the controversy -- 1300-1304: knowledge and authority in dispute -- 1304-1306: the controversy peaks -- The effects of the expulsion: Jewish philosophic culture in Roussillon and Provence.

__ _Philosophy and Rabbinic Culture_ is a study of the great, and curiously underappreciated, engagement of a Medieval European Jewish community with the philosophic tradition. This lucid description of the Languedocian Jewish community's multigenerational cultivation of - and acculturation to - scientific and philosophic teachings into Judaism fulfils a major desideratum in Jewish cultural history. In the first detailed account of this long-forgotten Jewish community and its cultural ideal, the author gives an expansive reappraisal of the role of the philosophic (...) interpretation in rabbinic culture and medieval Judaism. Looking at how the cultural ideal of Languedocian Jewry continued to develop and flourish throughout the thirteenth and fourteenth centuries, with particular reference to the literary style and religious teaching of the great Talmudist, Menahem ha-Meiri, Stern explores issues such as Meiri’s theory of "civilized religions", including Christianity and Islam, controversy over philosophy and philosophic allegory in Languedoc and Catalonia, and the cultural significance of the medical use of astrological images. This book will be of great interest to scholars and students of Religion, of Judaism in particular, and of Philosophy, History and Medieval Europe, as well as those interested in Jewish-Christian relations. (shrink)

Robert Stern investigates how scepticism can be countered by using transcendental arguments concerning the necessary conditions for the possibility of experience, language, or thought. He shows that the most damaging sceptical questions concern neither the certainty of our beliefs nor the reliability of our belief-forming methods, but rather how we can justify our beliefs.

The volume concludes by examining a critique of Hegel's metaphysical position from the perspective of the "continental" tradition, and in particular Gilles ...

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

What place does consciousness have in the natural world? If we reject materialism, could there be a credible alternative? In one classic example, philosophers ask whether we can ever know what is it is like for bats to sense the world using sonar. It seems obvious to many that any amount of information about a bat's physical structure and information processing leaves us guessing about the central questions concerning the character of its experience. A Place for Consciousness begins with reflections (...) on the existence of this gap. Is it just a psychological shortcoming in our merely human understanding of the physical world? Is it a trivial consequence of the simple fact that we just cannot be bats? Or does it mean there really are facts about consciousness over and above the physical facts? If so, what does consciousness do? Why does it exist? Rosenberg sorts out these problems, especially those centering on the causal role of consciousness. He introduces a new paradigm called Liberal Naturalism for thinking about what causation is, about the natural world, and about how to create a detailed model to go along with the new paradigm. Arguing that experience is part of the categorical foundations of causality, he shows that within this new paradigm there is a place for something essentially like consciousness in all its traditional mysterious respects. A striking feature of Liberal Naturalism is that its central tenets are motivated independently of the mind-body problem, by analyzing causation itself. Because of this approach, when consciousness shows up in the picture it is not introduced in an ad hoc way, and its most puzzling features can be explained from first principles. Ultimately, Rosenberg's final solution gives consciousness a causally important role without supposing either that it is physical or that it interacts with the physical. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...) and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility. (shrink)

Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free (...) will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, an alternative (...) reaction is that free will does exist, we just have some deeply mistaken beliefs about it. According to Nichols, all such debates boil down to whether or not the erroneous folk term in question successfully refers or not. Since Nichols adopts the view that reference is systematically ambiguous, he maintains that in some contexts it’s appropriate to take a restrictivist view about whether a term embedded in a false theory refers, while in other contexts it’s appropriate to take a liberal view about whether a token of the very same term refers. This, according to Nichols, affords the possibility of saying that the sentence “free will exists” is false in some contexts and true in others. In this paper I argue that even if we grant Nichols his pluralistic approach to reference, there is still good reason to prefer eliminativism to preservationism with regard to free will. My argument focuses on one important difference between the concept of “free will” and other theoretical terms embedded in false theories—i.e., the role that the phenomenology of free agency plays in reference fixing. (shrink)

Sustaining Loss explores the uncanny, traumatic weaving together of the living and the dead in art, and the morbid fascination it holds for modern philosophical aesthetics. Beginning with Kant, the author traces how aesthetic theory has been drawn back repeatedly to the moving power of the undead body of the work of art. He locates the most potent expressions of this philosophical compulsion in Hegel's thesis that art is a thing of the past, and in Freud's view that the work (...) of art is the haunting of the present by the endless suffering of what is dead but still has claims over the living. Sustaining Loss examines not only Kant, Hegel, and Freud, but also the contemporary artists Gerhard Richter and Ilya Kabakov, whose art turns fruitfully against art's own past. (shrink)

Within much contemporary epistemology, Kant’s response to skepticism has come to be epitomized by an appeal to transcendental arguments. This form of argument is said to provide a distinctively Kantian way of dealing with the skeptic, by showing that what the skeptic questions is in fact a condition for her being able to raise that question in the first place, if she is to have language, thoughts, or experiences at all. In this way, it is hoped, the game played by (...) the skeptic can be turned against herself.1 At the same time, however, this appeal to transcendental arguments is also widely felt to show what is wrong with Kant’s response to skepticism: for, it is suggested, such arguments can only be made to work against the background of his transcendental idealism. As we shall see, what this doctrine amounts to is much disputed; but as with any form of idealism, the worry is that it means compromising the very realism and objectivity we want to defend against skepticism in the first place, so that the price for adopting this Kantian strategy appears too high—the cure of using transcendental arguments in conjunction with transcendental idealism is almost as bad as the disease.2 Faced with this difficulty, two kinds of response have been canvassed. On the first, it is accepted that transcendental arguments do require a commitment to the wider philosophical framework of transcendental idealism, but it is claimed that this framework can and should be defended against the suggestion that it is itself ‘‘quasi-skeptical.’’ On the second, transcendental idealism is indeed abandoned as wrongheaded, but it is held that Kant’s transcendental arguments can be made to.. (shrink)

Abstract This essay examines the conditions under which the great medieval Jewish rabbinic figure Moses Maimonides (1138?1204) took war to be justified. In particular, it argues that Maimonides did not hold that universal belief in one deity, on the model of a (Christian or Almohad) holy war or religious crusade, is a sufficient condition to justify the pursuit of a war. At most a war is justified if it enables the creation of a monotheistic environment for the Jewish people within (...) their own boundaries or national territory. Among other topics, the essay also analyzes Maimonides' distinction between ?commanded? wars and ?optional wars?, his concept of idolatry, and his account of jus in bellum. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

This book argues two main things: The first is that there is no such thing as free will—at least not in the sense most ordinary folk take to be central or fundamental; the second is that the strong and pervasive belief in free will can be accounted for through a careful analysis of our phenomenology and a proper theoretical understanding of consciousness.

Some thinkers argue that our best scientific theories about the world prove that free will is an illusion. Others disagree. The concept of free will is profoundly important to our self-understanding, our interpersonal relationships, and our moral and legal practices. If it turns out that no one is ever free and morally responsible, what would that mean for society, morality, meaning, and the law? Just Deserts brings together two philosophers – Daniel C. Dennett and Gregg D. Caruso – to (...) debate their respective views on free will, moral responsibility, and legal punishment. In three extended conversations, Dennett and Caruso present their arguments for and against the existence of free will and debate their implications. Dennett argues that the kind of free will required for moral responsibility is compatible with determinism – for him, self-control is key; we are not responsible for becoming responsible, but are responsible for staying responsible, for keeping would-be puppeteers at bay. Caruso takes the opposite view, arguing that who we are and what we do is ultimately the result of factors beyond our control, and because of this we are never morally responsible for our actions in the sense that would make us truly deserving of blame and praise, punishment and reward. These two leading thinkers introduce the concepts central to the debate about free will and moral responsibility by way of an entertaining, rigorous and sometimes heated philosophical dialogue. What emerges is a clear account of the latest thinking on free will, and what is at stake for our moral and legal practices. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

The author proposes an in-class Rawls game to help teach Rawls’ idea of the veil of ignorance. This game is contrasted to another Rawls game (developed by Ronald M. Green) which emphasizes the importance of reaching an impartial unanimous decision. Unlike Green’s game, the game detailed in this paper illustrates Rawls’ justification for the veil of ignorance by showing how one’s natural assets and initial starting point in society are undeserved and arbitrary from a moral point of view. The lessons (...) delivered by each game are contrasted and the author argues for their complementarity. (shrink)

The current essay introduces the guidance theory of representation, according to which the content and intentionality of representations can be accounted for in terms of the way they provide guidance for action. The guidance theory offers a way of fixing representational content that gives the causal and evolutionary history of the subject only an indirect role, and an account of representational error, based on failure of action, that does not rely on any such notions as proper functions, ideal conditions, or (...) normal circumstances. Moreover, because the notion of error is defined in terms of failure of action, the guidance theory meets the “meta-epistemological requirement” that representational error should be potentially detectable by the representing system itself. In this essay, we offer a brief account of the biological origins of representation, a formal characterization of the guidance theory, some examples of its use, and show how the guidance theory handles some traditional problem cases for representation: the representation of fictional and abstract entities. Being both representational and actiongrounded, the guidance theory may provide some common ground between embodied and cognitivist approaches to the study of the mind. (shrink)

Drawing on ten years of research on the unpublished Wittgenstein papers, Stern investigates what motivated Wittgenstein's philosophical writing and casts new light on the Tractatus and Philosophical Investigations. The book is an exposition of Wittgenstein's early conception of the nature of representation and how his later revision and criticism of that work led to a radically different way of looking at mind and language. It also explains how the unpublished manuscripts and typescripts were put together and why they often (...) provide better evidence of the development of his ideas than can be found in his published writing. In doing so, the book traces the development of a number of central themes in Wittgenstein's philosophy, including his conception of philosophical method, the picture theory of meaning, the limits of language, the application of language to experience, his treatment of private language, and what he called the "flow of life." Arguing that Wittgenstein's views are often much more simple (and more radical) than we have been led to believe, Wittgenstein on Mind and Language provides an overview of the development of Wittgenstein's philosophy and brings to light aspects of his philosophy that have been almost universally neglected. (shrink)

Debate on free will with Christian List, Gregg Caruso, and Cory Clark. The exchange is focused on Christian List's book Why Free Will Is Real.

Kim’s causal exclusion argument purports to demonstrate that the non-reductive physicalist must treat mental properties (and macro-level properties in general) as causally inert. A number of authors have attempted to resist Kim’s conclusion by utilizing the conceptual resources of Woodward’s interventionist conception of causation. The viability of these responses has been challenged by Gebharter, who argues that the causal exclusion argument is vindicated by the theory of causal Bayesian networks (CBNs). Since the interventionist conception of causation relies crucially on CBNs (...) for its foundations, Gebharter’s argument appears to cast significant doubt on interventionism’s anti-reductionist credentials. In the present article, we both (1) demonstrate that Gebharter’s CBN-theoretic formulation of the exclusion argument relies on some unmotivated and philosophically significant assumptions (especially regarding the relationship between CBNs and the metaphysics of causal relevance), and (2) use Bayesian networks to develop a general theory of causal inference for multi-level systems that can serve as the foundation for an anti-reductionist interventionist account of causation.1. (shrink)

The Meaning Circuit Hypothesis (MCH) is a synthesis of ideas providing John Wheeler’s outline of ultimate physics, which he fine-tuned over several decades from the 1970s onward. It is a ‘working hypothesis’ in which ‘existence is a ‘meaning circuit”’ that portrays the world as a “system self-synthesized by quantum networking.” It was strongly advocated by him for roughly two decades and since then has had an increasingly strong impact on the approach of many investigators of quantum theory; in particular, elements (...) such as the quantum participator and ‘it from bit’ are now considered by others as candidate components of a foundation for quantum theory in which information is involved essentially. Therefore, it is worthy of review and critique. (shrink)

Can we be held morally responsible for our actions? Yes, says Daniel Dennett. No, says Gregg Caruso. Reader, you decide.

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

Perhaps no one has written more extensively, more deeply, and more insightfully about determinism and freedom than Ted Honderich. His influence and legacy with regard to the problem of free will—or the determinism problem, as he prefers to frame it—looms large. In these comments I would like to focus on three main aspects of Honderich ’s work: his defense of determinism and its consequences for origination and moral responsibility; his concern that the truth of determinism threatens and restricts, but does (...) not eliminate, our life-hopes; and his attack on the traditional justifications for punishment. In many ways, I see my own defense of free will skepticism as the natural successor to Honderich ’s work. There are, however, some small differences between us. My goal in this paper is to clarify our areas of agreement and disagreement and to acknowledge my enormous debt to Ted. If I can also move him toward my own more optimistic brand of free will skepticism that would be great too. (shrink)

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects (...) brain development, how offenders often have pre-existing medical conditions (especially mental health issues), how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, how treatment and rehabilitation methods can best be employed to reduce recidivism and reintegrate offenders back into society, and how a public health approach could be successfully applied within the criminal justice system. Caruso's approach draws on research from the health sciences, social sciences, public policy, law, psychiatry, medical ethics, neuroscience, and philosophy, and he delivers a set of ethically defensible and practically workable proposals for implementing the public health-quarantine model. The essay begins by discussing recent empirical findings in psychology, neuroscience, and the social sciences that provide us with an increased understanding of the social and neurological determinants of health and criminal behavior. It then turns to Caruso's public health-quarantine model and argues that the model provides the most justified, humane, and effective approach for addressing criminal behavior. Caruso concludes by proposing a capability approach to social justice grounded in six key features of human well-being. He argues that we cannot successfully address concerns over public health and safety without simultaneously addressing issues of social justice—including the social determinants of health (SDH) and the social determinants of criminal behavior (SDCB)—and he recommends eight general policy proposals consistent with his model. (shrink)

This book explores the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility play in our (...) lives—in understanding ourselves, society, and the law—it is important that we explore what is behind this new wave of skepticism. It is also important that we explore the potential consequences of skepticism for ourselves and society. This edited collection of new essays brings together an internationally recognized line-up of contributors, most of whom hold skeptical positions of some sort, to display and explore the leading arguments for free will skepticism and to debate their implications. It includes original contributions by Derk Pereboom, Galen Strawson, Ted Honderich, Bruce Waller, Neil Levy, Saul Smilansky, Thomas Nadelhoffer and Daniela Goya Tocchetto, Benjamin Vilhauer, Susan Blackmore, Manuel Vargas, Shaun Nichols, John-Dylan Haynes and Michael Pauen, Thomas Clark, Mark Hallett, Susan Pockett, and Maureen Sie. (shrink)

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it is unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws (...) on the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, but it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

In recent decades, there has been growing interest among philosophers in what the various Buddhist traditions have said, can say, and should say, in response to the traditional problem of free will. This article investigates the relationship between Buddhist philosophy and the historical problem of free will. It begins by critically examining Rick Repetti's Buddhism, Meditation, and Free Will (2019), in which he argues for a conception of “agentless agency” and defends a view he calls “Buddhist soft compatibilism.” It then (...) turns to a more wide‐ranging discussion of Buddhism and free will—one that foregrounds Buddhist ethics and takes seriously what the various Buddhist traditions have said about desert, punishment, and the reactive attitudes of resentment, indignation, and moral anger. The article aims to show that, not only is Buddhism best conceived as endorsing a kind of free will skepticism, Buddhist ethics can provide a helpful guide to living without basic desert moral responsibility and free will. (shrink)

Exploring the Illusion of Free Will and Moral Responsibility is an edited collection of new essays by an internationally recognized line-up of contributors. It is aimed at readers who wish to explore the philosophical and scientific arguments for free will skepticism and their implications.

What would be the consequence of embracing skepticism about free will and/or desert-based moral responsibility? What if we came to disbelieve in moral responsibility? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some maintain? Or perhaps increase anti-social behavior as some recent studies have suggested (Vohs and Schooler 2008; Baumeister, Masicampo, and DeWall 2009)? Or would it rather (...) have a humanizing effect on our practices and policies, freeing us from the negative effects of what Bruce Waller calls the “moral responsibility system” (2014, p. 4)? These questions are of profound pragmatic importance and should be of interest independent of the metaphysical debate over free will. As public proclamations of skepticism continue to rise, and as the mass media continues to run headlines announcing free will and moral responsibility are illusions, we need to ask what effects this will have on the general public and what the responsibility is of professionals. (shrink)