Abilities

This essay is an investigation into the sense of ‘able’ relevant to free will, where free will is understood as requiring the ability to do otherwise. I argue that van Inwagen’s recent functional specification of the relevant sense of ‘able’ is flawed, and that explicating the powers involved in free will shall likely require paying detailed attention to the semantics and pragmatics of ‘can’ and ‘able’. Further, I argue that van Inwagen’s promise-level ability requirement on free will is too strong. (...) I also argue that Mele’s conjecture that the strength of the ability to perform the ‘alternative’ action (i.e. to refrain, to decide otherwise) be no higher than the strength of the ability exercised in performing an action is mistaken. I suggest there is an asymmetry in the strengths of the abilities which make up the n-way power that comprises free will, and that this looks to have some interesting consequences for the connection between the abilities required for free will and, e.g., the ‘up to us’ locution. (shrink)

This paper warns of two threats to moral responsibility that arise when accounting for omissions, given some plausible assumptions about how abilities are related to responsibility. The first problem threatens the legitimacy of our being responsible by expanding the preexisting tension that luck famously raises for moral responsibility. The second threat to moral responsibility challenges the legitimacy of our practices of holding responsible. Holding others responsible for their omissions requires us to bridge an epistemic gap that does not arise when (...) holding others responsible for their actions—one that we might often fail to cross. (shrink)

Abilities are in many ways central to what being an agent means, and they are appealed to in philosophical accounts of a great many different phenomena. It is often assumed that abilities are some kind of dispositional property, but it is rarely made explicit exactly which dispositional properties are our abilities. Two recent debates provide two different answers to that question: the new dispositionalism in the debate about free will, and virtue reliabilism in epistemology. This paper argues that both answers (...) fail as general accounts of abilities, and discusses the ramifications of this result. (shrink)

There is a very plausible principle linking abilities and possibilities: If S is able to Φ, then it is metaphysically possible that S Φ’s. Jack Spencer recently proposed a class of counterexamples to this principle involving the ability to know certain propositions. I renew an argument against these counterexamples based on the unknowability of Fitch propositions. In doing so, I provide a new argument for the unknowability of Fitch propositions and show that Spencer’s counterexamples are in tension with a principle (...) weaker than the one linking abilities and possibilities. (shrink)

Ralf Stoecker hat argumentiert, dass allein Menschen im strengen Sinne handeln könnten, weil sie allein fähig seien, etwas aus Gründen zu tun und über diese Gründe Rechenschaft abzulegen. In einem weniger strengen Sinn könnten auch Tiere handeln. Ich werde in diesem Beitrag zunächst Stoeckers Begründung seiner zweigeteilten These rekapitulieren (1) und dann zwei Rückfragen dazu stellen: (a) Warum soll es gerade die Praxis des logon didonai sein, die Verhalten zu Handlungen im engen Sinne macht? (b) Warum soll es genau zwei (...) Sinne von ,handeln' geben, einen engen und einen weiten? Handlungsfähigkeit könnte ja auch eine Sache des Grades sein (2). Schon Aristoteles hat einen engen Handlungsbegriff für Menschen reserviert und einen weiteren auf andere Tiere angewandt. Stoecker geht auf Aristoteles nicht ein, doch gibt es interessante Parallelen zwischen beider Ausführungen dazu, welche Fähigkeiten allein Menschen besitzen und warum (3). Im Rest des Beitrags weite ich den Blick und stelle zunächst eigene Überlegungen dazu an, welches die Vorzüge eines gradualistischen Verständnisses von Fähigkeiten sind und welche Rolle die Vagheit fähigkeitszuschreibender Ausdrücke spielt (4). Dann skizziere ich die These, dass die je artspezifischen Fähigkeitsprofile von Menschen und anderen Tieren durch „Realisierungslücken“ voneinander getrennt sind (5). Der Beitrag mündet in Metaüberlegungen zum Streit über die „anthropologische Differenz“: Die zwischen „Assimilationisten“ und „Differentialisten“ umstrittene Frage, ob sich Menschen und andere Tiere in ihren mentalen Fähigkeiten qualitativ oder bloß quantitativ unterscheiden, ist schlecht definiert und unfruchtbar. Sie sollte zugunsten gehaltvollerer Fragen zu den Akten gelegt werden (6). (shrink)

The acquisition of a new skill usually proceeds through five stages, from novice to expert, with a sixth stage of mastery available for highly motivated performers. In this chapter, we re-state the six stages of the Dreyfus Skill Model, paying new attention to the transitions and interrelations between them. While discussing the fifth stage, expertise, we unpack the claim that, “when things are proceeding normally, experts don’t solve problems and don’t make decisions; they do what normally works” (Dreyfus & Dreyfus, (...) 1988, pp. 30 – 31). This leads us to offer an account of the “perspectival deliberation” that arises for experts and masters and that is distinct from the calculative deliberation characteristic of the lower stages of skillfulness. (shrink)

A critical discussion of Seumas Miller's view on knowing-how and joint abilities.

Part of our ordinary conception of our freedom is the idea that commonly when we act—and often even when we don’t act—it is up to us whether we do this or that. This paper examines efforts to spell out what must be the case for this idea to be correct. Several claims regarding the basic metaphysics of agential powers are considered; they are found not to shed light on the issue. Thinking about agents’ psychological capacities provides some illumination, though the (...) idea of freedom remains puzzling. (shrink)

Paternalism is widely viewed as presumptively justifiable for children but morally problematic for adults. The standard explanation for this distinction is that children lack capacities relevant to the justifiability of paternalism. I argue that this explanation is more difficult to defend than typically assumed. If paternalism is often justified when needed to keep children safe from the negative consequences of their poor choices, then when adults make choices leading to the same negative consequences, what makes paternalism less justified? It seems (...) true that ordinary adults have capacities enabling them to promote their interests in ways most children lack. This can explain why paternalism is more often justified towards children than adults. What is not explained, however, is why paternalism would be justifiable for children, but not adults, when neither possess the relevant interest-promoting capacities—exactly the cases when paternalism towards adults might be considered. I argue that this dilemma undercuts capacities-based explanations for the belief that childhood is distinctively relevant for the permissibility of paternalism. I then address defenses of both consequentialist and deontological versions of the capacities-based explanation. Absent this capacities-based explanation, I argue that the intuition that less demanding justificatory standards apply to paternalism when directed at children than when directed towards adults presents unresolved problems for egalitarians. (shrink)

Positing group level obligations has come under attack from concerns relating to agency as a necessary requirement for obligation bearing. Roughly stated, the worry is that since only agents can have moral obligations, and groups are not agents, groups cannot have moral obligations. The intuition behind this constraint is itself based on the ability requirement of 'ought implies can': in order for a group to have an obligation it must have the ability to perform an action, but only agents can (...) have abilities. This paper argues that from accounts of shared agency we can develop a concept of joint ability, undermining the problem of agency for group obligations. (shrink)

Jack Spencer has recently argued for the striking thesis that, possibly, an agent is able to do the impossible—that is, perform an action that is metaphysically impossible for that person to perform. Spencer bases his argument on (Simple G), a case in which it is impossible for an agent G to perform some action but, according to Spencer, G is still intuitively able to perform that action. I reply that we would have to give up at least four action-theoretical principles (...) if we accept that G is able to do the impossible. We may be best off retaining the principles and thus rejecting Spencer's intuition that G is able to do the impossible. I then consider an argument for the claim that G is able to do the impossible that goes through the Snapshot Principle. I, however, deny that any true variant of the Snapshot Principle shows that G is able to do the impossible. Moreover, the counterexample to the Snapshot Principle that I develop also suggests that G is unable to do the impossible in (Simple G). The most natural explanation for why an agent is unable to perform some action in this counterexample extends to (Simple G). Next, I develop three error theories for why we might initially share Spencer's intuition that G is able to do the impossible in (Simple G). Finally, I consider a couple other "G-cases" of Spencer's and find them all wanting. Perhaps we are unable to do the impossible. (shrink)

According to the classical quantificational analysis of modals, an agent has the ability to perform an act iff relevant facts about the agent and her environment are compatible with her performing the act. The analysis faces a number of problems, many of which can be traced to the fact that it takes even accidental performance of an act as proof of the relevant ability. I argue that ability statements are systematically ambiguous: on one reading, accidental performance really is enough; on (...) another, more is required. The stronger notion of ability plays a central role in normative contexts. Both readings, I argue, can be captured within the classical quantificational framework, provided we allow conversational context to impose restrictions not just on the “accessible worlds”, but also on what counts as a performance of the relevant act among these worlds. (shrink)

According to one prominent view of exercising abilities (e.g., Millar 2009), a subject, S, counts as exercising an ability to ϕ if and only if S successfully ϕs. Such an ‘exercise-success’ thesis looks initially very plausible for abilities, perhaps even obviously or analytically true. In this paper, however, I will be defending the position that one can in fact exercise an ability to do one thing by doing some entirely distinct thing, and in doing so I’ll highlight various reasons (epistemological, (...) metaphysical and linguistic) that favor the alternative approach I develop over views that hold that the exercise of an ability is a success notion in the sense Millar maintains. (shrink)

This paper examines the view of abilities to act advanced by Kadri Vihvelin in Causes, Laws, and Free Will. Vihvelin argues that (i) abilities of an important kind are “structurally” like dispositions such as fragility; (ii) ascriptions of dispositions can be analyzed in terms of counterfactual conditionals; (iii) ascriptions of abilities of the kind in question can be analyzed similarly; and (iv) we have the free will we think we have by having abilities of this kind and being in circumstances (...) that are propitious for their exercise. I raise doubt about each of these claims. Further, I argue that even if abilities of the kind in question are dispositions, and even if determinism is compatible with our commonly having unexercised abilities of this kind, the compatibility of determinism and free will remains in question. (shrink)

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases raise problems (...) for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

In a recent paper, Romy Jaster and Ansgar Beckermann have added a new twist to the traditional debate about the compatibility of free will with determinism. They wonder whether the abilities required for free will are compatible with determinism. According to a view that Helen Steward dubbed »agency incompatibilism«, there could be no actions and no agential powers if determinism were true. Against my advocacy of agency incompatibilism, Jaster and Beckermann argue that only a very specific kind of abilities is (...) incompatible with determinism, and that the abilities relevant for free will do not belong to that kind. In response, I argue that their appeal to »specific abilities« blurs the crucial distinction between ability and opportunity (2), that their own analysis is ill-suited to capture the power of choosing between alternatives (3), and that libertarians need not deny the difference between a loss of freedom due to determinism and one due to mental disorders (4). I try to explain why, in attributing the abilities that constitute free will, it is impermissible to counterfactually alter the past conditions of the agent’s actual decision (5). Finally, I raise the question of how, if at all, compatibilist analyses of abilities can deal with what have been called two-way powers (6). (shrink)

Christopher Franklin argues that, despite appearances, everyone thinks that the ability to do otherwise is required for free will and moral responsibility. Moreover, he says that the way to decide which ability to do otherwise is required will involve settling the nature of moral responsibility. In this paper I highlight one point on which those usually called leeway theorists - i.e. those who accept the need for alternatives - agree, in contradistinction to those who deny that the ability to do (...) otherwise is needed for free will. And I explain why it falsifies both of Franklin’s claims. (shrink)

This is an introduction to the debate about Know-how.

Loughlin’s (2018) uses Wittgenstein’s remarks in Philosophical Investigations to motivate his ‘wide’ view of cognition. In opposition to other accounts of extended cognition, his view presents a negative solution to the location problem. Here, I argue that, if we consider Wittgenstein’s remarks on the notion of ability, the support for the wide view is not as straightforward. The criteria for using the concept of ability are highly context-dependent, and there is not a single account for them. This shows that at (...) best, a moderate form of anti-individualism for cognitive capacities can be defended on Wittgensteinian grounds. Furthermore, the suggestion that ontological questions can be bypassed is questioned. (shrink)

Alexander Pruss and I have proposed an analysis of omnipotence which makes no use of the problematic terms 'power' and 'ability'. However, this raises an obvious worry: if our analysis is not related to the notion of power, then how can it count as an analysis of omnipotence, the property of being all-powerful, at all? In this paper, I show how omnipotence can be understood as the possession of infinite power (general, universal, or unlimited power) rather than the possession of (...) particular powers. I then argue that the ordinary notions of particular powers or abilities can be understood as applying vague limitations to the notion of infinite power. The vagueness of these limitations is the source of the well-known difficulties in the analysis of ability. (shrink)

It is a commonplace in philosophy of action that there is and must be teleologically basic action: something done on an occasion without doing it by means of doing anything else. It is widely believed that basic actions are exercises of skill. As the source of the need for basic action is the structure of practical reasoning, this yields a conception of skill and practical reasoning as complementary but mutually exclusive. On this view, practical reasoning and complex intentional action depend (...) on skill and basic action, but the latter pair are not themselves rationally structured: the movements a basic action comprises are not intentional actions, and they are not structured as means to an end. However, Michael Thompson and Douglas Lavin have argued that action that bears no inner rational structure is not intentional action at all, and that therefore there can be no such thing as basic action. In this paper, I argue that their critique shows that standard conceptions of basic action are indeed untenable, but not that we can do without an alternative. I develop an alternative conception of skill and basic action on which their basicness is not to be equated with simplicity: like deliberation and non-basic action, they are teleologically complex, but their complexity takes a different form. On this view, skill contrasts with deliberation—not because it is not a manifestation of practical reason, but because the two are specifically different manifestations of practical reason. (shrink)

Recent experimental studies dispute the position that commonsense morality accepts ‘Ought’ Implies ‘Can’, the view that, necessarily, if an agent ought to perform some action, then she can perform that action. This paper considers and supports explanations for the results of these studies on the hypothesis that OIC is intuitive and true.

Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that neuropsychological (...) evidence shows that psychopaths have incapacitates that are sufficient to ascribe complete or partially exculpatory deficiencies. The focus of our criticism is this latter premise. We argue that it requires that psychopathy should correlate significantly with certain rational incapacities that manifest across contexts. We show that the available neuropsychological data do not support the claim that psychopaths have such general exculpatory incapacities. (shrink)

This paper responds to comments and criticisms by Stefan Brandt and Eva-Maria Jung, directed at the book "Know-how as Competence. A Rylean Responsibilist Account".

This is a précis of my book "Know-how as Competence. A Rylean Responsibilist Account".

In defending the view that justice is the advantage of the stronger, Thrasymachus puzzlingly claims that rulers never err and that any practitioner of a skill or expertise (τέχνη) is infallible. In what follows, Socrates offers a number of arguments directed against Thrasymachus’ views concerning the nature of skill, ruling, and justice. Commentators typically take a dim view of both Thrasymachus’ claims about skill (which are dismissed as an ungrounded and purely ad hoc response to Socrates’ initial criticisms) and Socrates’ (...) latter arguments (which are deemed extremely weak). In this paper, I clarify Thrasymachus’ views (and those of several other ancients) concerning qua locutions and the nature of skill and ability and I reconstruct Socrates’ arguments against Thrasymachus’ views concerning skill and justice. I argue that Thrasymachus’ views are not ungrounded or ad hoc and that Socrates’ arguments are rather different (and significantly stronger) than often supposed. (shrink)

One natural way to argue for the existence of some subjective constraint on agents’ obligations is to maintain that without that particular constraint, agents will sometimes be obligated to do that which they lack the ability to do. In this paper, I maintain that while such a strategy appears promising, it is fraught with pitfalls. Specifically, I argue that because the truth of an ability ascription depends on an (almost always implicit) characterization of the relevant possibility space, different metaethical accounts (...) take obligation to be constrained by different senses of ability. As a result, what initially looks to be a point of consensus—that ability constrains obligation—turns out to be a point of contention, and arguments with this at the foundation are much more likely to obscure, rather than resolve, metaethical disputes. Despite this, appeals to ability in metaethics aren’t doomed to be fruitless. On the contrary, if we can independently establish a particular sense of ability as the normatively relevant one, then we have good grounds for ruling out metaethical accounts that are inconsistent with it. In the final section, I make just such an argument. What seems right about the thought that ability constrains obligation is that an agent cannot be obligated to do that which her circumstances prevent her from doing. I argue that only a sense of ability that is both epistemically and motivationally restricted adequately respects the limits of agential control. (shrink)

This paper argues that agents can be directly blameworthy for unwitting omissions. The view developed focuses on the capacities and abilities of agents.

In this paper, I argue that it is open to semicompatibilists to maintain that no ability to do otherwise is required for moral responsibility. This is significant for two reasons. First, it undermines Christopher Evan Franklin’s recent claim that everyone thinks that an ability to do otherwise is necessary for free will and moral responsibility. Second, it reveals an important difference between John Martin Fischer’s semicompatibilism and Kadri Vihvelin’s version of classical compatibilism, which shows that the dispute between them is (...) not merely a verbal dispute. Along the way, I give special attention to the notion of general abilities, and, though I defend the distinctiveness of Fischer’s semicompatibilism against the verbal dispute charge, I also use the discussion of the nature of general abilities to argue for the falsity of a certain claim that Fischer and coauthor Mark Ravizza have made about their account. (shrink)

Recently, John Maier has developed a unified account of various agentive modalities. According to him, however, adopting the account provides an alternative framework for thinking about free will and moral responsibility, one that reveals an unacceptable instability in semicompatibilism. In this paper, I argue that Maier is mistaken about the implications of his account and sketch a semicompatibilist proposal that can, without countenancing any instability, accept Maier’s unified account of the agentive modalities.

This paper offers a novel interpretation of Descartes's conception of freedom that resolves an important tension at the heart of his view. It does so by appealing to the important but overlooked distinction between possessing a power, exercising a power, and being in a position to exercise a power.

What does it mean to know how to do something? This book develops a comprehensive account of know-how, a crucial epistemic goal for all who care about getting things right, not only with respect to the facts, but also with respect to practice. It proposes a novel interpretation of the seminal work of Gilbert Ryle, according to which know-how is a competence, a complex ability to do well in an activity in virtue of guidance by an understanding of what it (...) takes to do so. This idea is developed into a full-fledged account, Rylean responsibilism, which understands know-how in terms of the normative guidance and responsible control of one's acts. Within the complex current debate about know-how, this view occupies a middle ground position between the intellectualist claim that know-how just is propositional or objectual knowledge and the anti-intellectualist claim that know-how just is ability. In genuine know-how, practical ability and guiding intellect are both necessary, but essentially intertwined. (shrink)

Though everyday life accords a great deal of significance to practical abilities—such as the ability to walk, to speak French, to play the piano—philosophers of action pay surprisingly little attention to them. By contrast, abilities are discussed in various other philosophical projects. From these discussions, a partial theory of abilities emerges. If the partial theory—which is at best adequate only to a few examples of practical abilities—were correct, then philosophers of action would be right to ignore practical abilities, because they (...) could play no fundamental role in an account of human agency. For the idea that practical abilities *do* play a fundamental role in human agency to be worth considering, an alternative conception of them is needed. As a first step, I attempt some of the necessary ground-clearing work. (shrink)

According to a widely held principle—the poss-ability principle—an agent, S, is able to only if it is metaphysically possible for S to. I argue against the poss-ability principle by developing a novel class of counterexamples. I then argue that the consequences of rejecting the poss-ability principle are interesting and far-reaching.

This paper explores the prospects for dispositional accounts of abilities. According to so-called new dispositionalists, an agent has the ability to Φ iff they have a disposition to Φ when trying to Φ. We show that the new dispositionalism is beset by some problems that also beset its predecessor, the conditional analysis of abilities, and bring up some further problems. We then turn to a different approach, which links abilities not to motivational states but to the notion of success, and (...) consider ways of implementing that approach. Our results suggest that there are principled disanalogies between abilities and disposition which prevent any dispositional account of abilities from succeeding. (shrink)

The conditional analysis of ability faces familiar counterexamples involving cases of volitional incapacity. An interesting response to the problem of volitional incapacity is to try to explain away the responses elicited by such counterexamples by distinguishing between what we are able to do and what we are able to bring ourselves to do. We argue that this error-theoretic response fails. Either it succeeds in solving the problem of volitional incapacity at the cost of making the conditional analysis vulnerable to obvious (...) counterexamples to its necessity. Or, it avoids the counterexamples to its necessity but fails to solve the problem of volitional incapacity. (shrink)

This essay examines recent work on abilities to act. Different kinds of ability are distinguished, and a recently proposed conditional analysis of ability ascriptions is evaluated. It is considered whether abilities are causal powers. Finally, several compatibility questions concerning abilities, as well as the relation between free will and abilities of various kinds, are examined.

Seemingly one of the most prominent issues that divide theorists about free will and moral responsibility concerns whether the ability to do otherwise is necessary for freedom and responsibility. I defend two claims in this paper. First, that this appearance is illusory: everyone thinks an ability to do otherwise is necessary for freedom and responsibility. The central issue is not whether the ability to do otherwise is necessary for freedom and responsibility but which abilities to do otherwise are necessary. Second, (...) I argue that we cannot determine which abilities are necessary until we have determined the nature and justification of moral responsibility. Thus, theorizing about moral responsibility ought to take pride of place in theorizing about free will. (shrink)

Human agency has four irreducibly different dimensions -- psychological, ethical, intellectual, and physical -- which the traditional idea of a will tended to conflate. Twentieth-century philosophers criticized the idea that acts are caused by 'willing' or 'volition', but the study of human action continued to be governed by a tendency to equate these dimensions of agency, or to reduce one to another. Cutting across the branches of philosophy, from logic and epistemology to ethics and jurisprudence, Action, Knowledge, and Will defends (...) comprehensive theories of action and knowledge, and shows how thinking about agency in four dimensions deepens our understanding of human conduct and its causes. (shrink)

In this paper I argue that there are different ways that an agent may be able to do otherwise and that therefore, when free will is understood as requiring that an agent be able to do otherwise, we face the following question: which way of being able to do otherwise is most relevant to free will? I answer this question by first discussing the nature of intrinsic dispositions and abilities, arguing that for each action type there is a spectrum of (...) intrinsic abilities. I suggest that recognising this allows us to articulate two ways in which an intrinsic ability is general (such that there are two kinds of non-general ability). And I argue that the abilities most relevant to free will need to be non-general in both of the ways identified. Along the way I show why these points threaten to undermine Vihvelin’s dispositionalist account of free will. (shrink)

This thesis is an investigation into the nature of those abilities that are relevant to free will when the latter is understood as requiring the ability to do otherwise. I assume from the outset the traditional and intuitive picture that being able to do otherwise bestows a significant kind of control on an agent and I ask what kinds of ability are implicated in such control. In chapter 1 I assess the simple conditional analysis of the sense of ‘can’ relevant (...) to free will, and I agree with the consensus that this analysis fails. In chapter 2 I consider Kadri Vihvelin’s contemporary version of the conditional account, which is cast in terms of dispositions. I develop, via engagement with Vihvelin’s view, an account of how modal properties such as dispositions and abilities should be individuated. In chapter 3 I use this account to show why Vihvelin’s account of free will is unsatisfactory. I also show how it helps us to better understand a distinction that is often made in the free will literature, namely, that between some notion of ‘general’ ability on the one hand and a notion of ‘specific’ or ‘particular’ abilities on the other. I argue that there are two important distinctions, both of which are relevant to free will. In chapter 4 I consider Keith Lehrer’s analysis of ‘can’ and conclude that while it fails to achieve Lehrer’s stated aim – namely, that of demonstrating that free will is compatible with determinism – it does contain some useful insights about the kinds of ability relevant to free will. In the fifth and final chapter I switch gears somewhat; I argue that various conditions typically treated under the banner of ‘the epistemic criteria on moral responsibility’ should instead be treated as conditions on an agent’s being able to do otherwise. (shrink)

Knowledge of a language is a kind of knowledge, the possession of which enables a speaker to understand and perform a variety of linguistic actions in that language. In this paper, I pursue an agency-oriented approach to knowledge of language. I begin by examining two major agency-oriented models of knowledge of language: Michael Dummett's Implicit Knowledge Model and Jennifer Hornsby's Practical Knowledge Model. I argue that each of these models is inadequate for different reasons. I present an Acquaintance Knowledge Model, (...) in which a speaker's knowledge of a language is a combination of the speaker's first-order linguistic ability and second-order acquaintance with his ability and actions. (shrink)

According to “actionism” (Noë 2010), perception constitutively depends on implicit knowledge of the way sensory stimulations vary as a consequence of the perceiver’s self-movement. My aim in this contribution is to develop an alternative conception of the role of action in perception present in the work of Gareth Evans using resources provided by Ruth Millikan’s biosemantic theory of mental representation.

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the (...) capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

I argue that free will and determinism are compatible, even when we take free will to require the ability to do otherwise and even when we interpret that ability modally, as the possibility of doing otherwise, and not just conditionally or dispositionally. My argument draws on a distinction between physical and agential possibility. Although in a deterministic world only one future sequence of events is physically possible for each state of the world, the more coarsely defined state of an agent (...) and his or her environment can be consistent with more than one such sequence, and thus different actions can be “agentially possible”. The agential perspective is supported by our best theories of human behaviour, and so we should take it at face value when we refer to what an agent can and cannot do. On the picture I defend, free will is not a physical phenomenon, but a higher-level one on a par with other higher-level phenomena such as agency and intentionality. (shrink)