Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in (...) relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice. (shrink)

Recently, several libertarian philosophers have argued that we appear free on the basis of widespread experience, and that this appearance justifies believing that we enjoy libertarian free will (e.g. Pink 2004 and Swinburne 2013). Such arguments have a long history in philosophy but have been easily dismissed on one of two grounds: either the appearance of freedom does not exist, or else it is an illusion. In this paper, I argue that although presentations of the argument have been historically inadequate, (...) non-libertarians have also seriously underappreciated the force of libertarian appeals to phenomenology. I show that, when properly construed, the appearance of freedom constitutes a wide range of diverse phenomena in need of explanation, of which extant non-libertarian alternatives provide only partial explanations, or else fail to explain altogether. In identifying this lacuna, I take the first step towards providing a better non-libertarian alternative. (shrink)

This article focuses on philosophical views that attempt to explain widespread belief in indeterministic choice by following a strategy that harkens back at least to Spinoza. According to this Spinozan strategy, people draw an inference from the absence of experiences of determined choice to the belief in indeterministic choice. Accounts of this kind are historically liable to overgeneralization. The pair of accounts defended in Shaun Nichols’ recent book, Bound: Essays on Free Will and Responsibility, are the most complete and empirically (...) plausible representatives of this strategy. I argue that both accounts ultimately fail, and overgeneralization worries remain for Spinozan strategists. (shrink)

Many philosophers think not only that we are free to act otherwise than we do, but also that we experience being free in this way. Terry Horgan argues that such experience is compatibilist: it is accurate even if determinism is true. According to Horgan, when people judge their experience as incompatibilist, they misinterpret it. While Horgan's position is attractive, it incurs significant theoretical costs. I sketch an alternative way to be a compatibilist about experiences of free agency that avoids these (...) costs. In brief, I assume that experiences of freedom have a sort of phenomenal content that is inaccurate if determinism is true, just as many incompatibilists claim. Still, I argue that these experiences also have another sort of phenomenal content that is normally accurate, even assuming determinism. (shrink)