Scott Sehon is someone who takes the philosophy of criminal justice seriously, who believes that if we are going to condemn people to prison we should have pretty good grounds...

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in particular (...) conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

Philosophers often consider problems of free will and moral luck in isolation from one another, but both are about control and moral responsibility. One problem of free will concerns the difficult task of specifying the kind of control over our actions that is necessary and sufficient to act freely. One problem of moral luck refers to the puzzling task of explaining whether and how people can be morally responsible for actions permeated by factors beyond their control. This chapter explicates and (...) assesses skeptical, compatibilist, and libertarian approaches to moral luck. First, I argue that what makes the above problems of free will and moral luck distinct is largely their emphasis on different kinds of luck. Second, I describe and evaluate skeptical arguments from constitutive and circumstantial luck that it is impossible to act freely. Third, I explicate and assess various support and implication relationships between various kinds of compatibilism and libertarianism, on the one hand, and causal, constitutive, circumstantial, and resultant moral luck, on the other. (shrink)

Among challenges to libertarians, the _Mind_ Argument has loomed large. Believing that this challenge cannot be met, Peter van Inwagen, a libertarian, concludes that free will is a mystery. Recently, the _Mind_ Argument has drawn a number of criticisms. Here I seek to add to its woes. Quite apart from its other problems, I argue, the _Mind_ Argument does a poor job of isolating the important concern for libertarians that it raises. Once this concern has been clarified, however, another argument (...) serves to renew the challenge. The Assimilation Argument challenges libertarians to explain how ostensible exercises of free will are relevantly different from other causally undetermined outcomes, outcomes that nobody would count as exercises of free will. In particular, libertarians must explain how agents can have the power to settle which of two causally possible futures becomes the actual future. This will require them to distinguish cases where this power is supposedly present from similar cases where it’s clearly absent. (shrink)

In this paper, I argue that the views of Robert Kane on the one hand and John Fischer and Mark Ravizza on the other both lead to the following conclusion: we should have very low confidence in our ability to judge that someone is acting freely or in a way for which they can be held responsible. This in turn means, I claim, that these views, in practice, collapse into a sort of hard incompatibilist position, or the position of a (...) free will denier. That would at least be an unintended consequence, and it might be regarded as a virtual reductio. Versions of the objection could likely be made against a number of other accounts of free will, but I will limit my focus to Kane and Fischer. Along the way, by way of response to some possible objections to my argument, I make some comments about epistemic closure principles. (shrink)

The luck argument raises a serious challenge for libertarianism about free will. In broad outline, if an action is undetermined, then it appears to be a matter of luck whether or not one performs it. And if it is a matter of luck whether or not one performs an action, then it seems that the action is not performed with free will. This argument is most effective against event-causal accounts of libertarianism. Recently, Franklin (Philosophical Studies 156:199–230, 2011) has defended event-causal (...) libertarianism against four formulations of the luck argument. I will argue that three of Franklin’s responses are unsuccessful and that there are important versions of the luck challenge that his defense has left unaddressed. (shrink)

Libertarian theories of freedom and responsibility face a worry about luck: if an action is undetermined, the action cannot be legitimately attributed to the agent; instead the action is a matter of luck, and so the agent is not responsible for the action. Robert Kane defends libertarianism by appealing to self-forming actions. These actions are undetermined because the agent is attempting to act on two conflicting motives, but the agent is responsible for the outcome if she is responsible for having (...) those motives. If the agent “endorsed” both motives in earlier SFAs, Kane argues that we can hold the agent responsible for both motives, and hence responsible for the later SFA. We will further develop others’ arguments that Kane’s appeal to earlier SFAs to explain responsibility for a later SFA is unsatisfactory. We then raise a second objection to Kane’s use of SFAs. On one formulation of an SFA, the agent does three things: she exerts two efforts of will to make opposing choices, and she also acts on one of them. On another formulation of an SFA, the agent does just two things: she exerts two efforts of will to make opposing choices. One of those efforts turns out to be successful, but that success doesn’t require any further intervention from the agent. We distinguish two worries involving luck, a problem of resultant luck and a problem of constitutive luck, and show that neither model of SFAs solves both problems. (shrink)

Robert Kane's event-causal libertarian theory of free will has been subjected to a variety of criticisms. In response to the luck objection, he has provided an ambiguous answer which results in additional criticisms that are avoidable. I explain Kane's theory, the luck objection and Kane's reply to the problem of luck. I note that in some places he suggests that the dual wantings of agents engaged in self-forming actions (SFAs) provides the key to answering the luck objection, whereas in other (...) places he suggests that the dual willings or tryings of agents is the key. Various philosophers criticize Kane's view by focusing on his concept of the dual willings/tryings involved in SFAs. I argue that despite Kane's efforts to answer these criticisms, they still hold; but I also go on to argue that Kane can avoid these criticisms and also answer the luck objection by just focusing on the important role of the dual wantings in SFAs. (shrink)

Robert Kane has for many years claimed that in our underivatively free actions, what he calls “self-forming acts”, we actually try to do both of the two acts we are contemplating doing and then we ultimately end up doing only one of them. This idea of dual willings/efforts was put forward in an attempt to solve luck problems, but Randolph Clarke and Alfred Mele argue that for this to work agents must, then, freely engage in the dual efforts leading up (...) to their SFAs. In response, Kane has said they do so freely by meeting compatibilist criteria of freedom. In Free Will and Luck , Mele argues that this move is deeply problematic. In this essay, I defend Kane's position. In doing so, I clarify important differences between the SFAs of adults and those of young children, making more clear the connections between SFAs, character, and responsibility. (shrink)

Dwayne Moore (2021) argues that libertarians about free will who are reductive physicalists cannot make proper sense of free will. In doing so, he presents what he calls “the physical indeterminism luck objection” to libertarian free will. He goes on to consider three different contemporary naturalistic approaches to libertarian free will (LFW) – those of Christopher Franklin, Mark Balaguer, and Robert Kane – and argues that if understood as reductive physicalist views they all fall prey to this objection. While it’s (...) not entirely clear that Kane is a reductive physicalist, it is clear that he would reject any kind of eliminative materialism or eliminative physicalism (Kane 1996, 147). Regardless, in this essay I argue that even if Kane’s view is a kind of reductive physicalist view, it is immune to the arguments made in Moore’s essay. (shrink)

In a recent article, Meghan Griffith (American Philosophical Quarterly 47:43–56, 2010) argues that agent-causal libertarian theories are immune to the problem of luck but that event-causal theories succumb to this problem. In making her case against the event-causal theories, she focuses on Robert Kane’s event-causal theory. I provide a brief account of the central elements of Kane’s theory and I explain Griffith’s critique of it. I argue that Griffith’s criticisms fail. In doing so, I note some important respects in which (...) Kane’s view is unclear and I suggest a plausible way of reading Kane that makes his theory immune to Griffith’s objections. (shrink)

This paper provides a brief review of some of the central elements of Robert Kane’s event-causal libertarian theory of free will. It then goes on to consider four of the central criticisms Derk Pereboom has made of Kane’s view and it shows how each of these criticisms can be reasonably answered. These criticisms are the no further power/control objection, the disappearing agent/luck objection, the randomizing manipulator objection, and the problem of responsibility for efforts of will.

Over the past five decades, I have been developing a distinctive view of free will according to which it requires that agents be to some degree ultimately responsible for the formation of their own wills. To act ‘of one's own free will’ in this sense is to act ‘from a will’ that is to some extent ‘of one's own free making’. A free will of this ultimate kind has been under attack in the modern era as obscure and unintelligible. In (...) this paper, I discuss the arguments for such a view and compare it to other contemporary views of free will and action. I then address criticisms that such a non‐determinist free will cannot be made intelligible or reconciled with modern science, does not allow sufficient agent control, reduces to mere chance or luck or randomness, leads to various regresses, or fails to account for moral responsibility, among other criticisms. (shrink)

The chance objection to incompatibilist accounts of free action maintains that undetermined actions are not under the agent's control. Some attempts to circumvent this objection locate chance in events posterior to the action. Indeterministic-causation theories locate chance in events prior to the action. However, neither type of response gives an account of free action which avoids the chance objection. Chance must be located at the act of will if actions are to be both undetermined and under the agent's control. This (...) dissolves the apparent paradox of Frankfurt-type cases as well as the chance objection to incompatibilist free will. (shrink)

Proponents of modern Frankfurt-Style Counterexamples generally accept that we cannot construct successful FSCs in which there are no alternative possibilities present. But they maintain that we can construct successful FSCs in which there are no morally significant alternatives present and that such examples succeed in breaking any conceptual link between alternative possibilities and free will. I argue that it is not possible to construct an FSC that succeeds even in this weaker sense. In cases where any alternatives are clearly insignificant, (...) it does not appear at all obvious that the agent can be held responsible. Present popular FSCs include alternatives that are ambiguous in their significance, and when the examples are sharpened to remove this ambiguity, they lose their force. Moreover, the proponent of such examples faces a problem: We can easily construct scenarios in which any alternatives are obviously insignificant, and in such scenarios, we are not intuitively inclined to suppose the agent is responsible. The proponent of new FSCs must therefore distinguish any alternatives she includes from the sorts included in these scenarios. The difference must now be such that this helps to make it seem intuitively likely that the agent is responsible where the agent otherwise would not appear responsible, and these alternatives are irrelevant to any judgment about whether the agent is responsible. I maintain that it is impossible to achieve both of these goals at once. (shrink)

According to the Free Will Explanation of a traditional view of hell, human freedom explains why some people are in hell. It also explains hell’s punishment and finality: persons in hell have freely developed moral vices that are their own punishment and that make repentance psychologically impossible. So, even though God continues to desire reconciliation with persons in hell, damned persons do not want reconciliation with God. But this moral vice explanation of hell’s finality is implausible. I argue that God (...) can and would make direct or indirect alterations in their character to give them new motivational reasons that re-enable their freedom to repent. Subsequently, I argue that it is probable that each damned person will be saved eventually, because there is a potential infinity of opportunities for free repentance. Thus, if the Free Will Explanation’s descriptions of hell and divine love are correct, it is highly probable that each person in hell escapes to heaven. (shrink)

To have free will is to have what it takes to act freely. When an agent acts freely—when she exercises her free will—what she does is up to her. A plurality of alternatives is open to her, and she determines which she pursues. When she does, she is an ultimate source or origin of her action. So runs a familiar conception of free will.

Whether we are free agents or not and to what extent depends on factors such as the necessary conditions for free will and our definition of human agency and identity. The present article, apart from possible alternatives and the causality of the agent regarding his actions, addresses the element of inclination as a necessary condition for free will. Therefore, an analysis of these conditions determines that even though in some circumstances the range of alternatives the agent can choose is very (...) limited or the agent chooses an action without having the inclination to choose it; however, this does not make the agent forced; rather, free will has levels and every individual possesses a certain extent of it in different conditions. Just the fact that the ultimate choice is made by the agent himself and has voluntarily performed the act himself ultimately is sufficient for being free. As a result, even though the influence of external factors on human actions cannot be disregarded; however, because the action is ultimately not outside his control, accordingly, there is neither such a thing as a compelled agent and nor are our actions left to luck. The character of the agent that is voluntarily formed through our actions plays a determinant role in our choices and actions due to the epistemic and motivational components they possess. (shrink)

This article articulates and defends an indeterministic weightings model of libertarian free will. It begins by defining the conception of free will at issue and then goes on to present versions of the luck objection which is often made against theories of LFW. It is argued that the sort of indeterministic weightings model of LFW which has been defended in the recent literature by Storrs McCall and E.J. Lowe and John Lemos has the resources to answer such luck objections while (...) possessing virtues which some other libertarian views lack. According to the indeterministic weightings model of LFW, in making undetermined free-willed choices between two courses of action, A or B, the reasons for choosing each option don’t come with pre-established evaluative weights. During the process of deliberation, the agent assigns weight in an undetermined way to the reasons for each option and this typically leads to the choice of the option that has been assigned a greater value. In the paper, it is not only argued that this theory can resolve worries about luck but also that the view has virtues which certain other libertarian views lack, as such the view is contrasted with the modest libertarian models of LFW from Daniel Dennett and Alfred Mele as well as Robert Kane’s view. (shrink)

For a half - century, I have been developing a view of free will that is incompatible with determinism and, in the process, attempting to answer the Intelligibility Question about such a free will: Can one make sense of an incompatibilist or libertarian free will without reducing it to mere chance, or mystery, and can such a free will be reconciled with modern views of the cosmos and human beings? In this paper, I discuss recent refinements to my earlier writings (...) on such a view, refinements developed in recent years in response to the large critical literature on my views in the past several decades. My view has usually been designated an event-causal view of libertarian free will and distinguished from non-causal and agent-causal libertarian views. But I was never happy with this designation of my view as “event-causal” and did not use it myself in earlier writings. In this paper, I explain why I now reject it altogether. I have come to believe that to avoid numerous misunderstandings in current debates about free will, we must distinguish four different kinds of libertarian theories, not merely three: in addition to non-causal, agent-causal, and event-causal theories, we need to add a fourth kind, which might be called an agent-causal/event-causal theory. My view has always been of this fourth kind. It represents what I call in the title of this paper the “fourth way forward” for making sense of an incompatibilist free will. (shrink)