It is widely held that one can be responsible for doing something that one was unable to avoid doing. This paper focuses primarily on the question of whether one can be responsible for not doing something that one was unable to do. The paper begins with an examination of the account of responsibility for omissions offered by John Martin Fischer and Mark Ravizza, arguing that in many cases it yields mistaken verdicts. An alternative account is sketched that jibes with and (...) explains judgments about a variety of omissions cases, including intentional omissions as well as simple failures to act. (shrink)

Two questions guide this article. First, according to Fischer and Ravizza (jointly and otherwise), what epistemic requirements for being morally responsible for performing an action A are not also requirements for freely performing A? Second, how much progress have they made on this front? The article's main moral is for philosophers who believe that there are epistemic requirements for being morally responsible for A-ing that are not requirements for freely A-ing because they assume that Fischer (on his own or otherwise) (...) has shown that this is so. In showing that this assumption is false, I reopen an important question for these philosophers: How are epistemic requirements for being morally responsible for A-ing related to requirements for freely A-ing? This is an interesting question in its own right, of course. (shrink)

This chapter evaluates two competing views of morally responsible agency. The first view at issue is Vargas’s circumstantialism—on which responsible agency is a function of the agent and her circumstances, and so is highly context sensitive. The second view is McGeer’s scaffolded-responsiveness view, on which responsible agency is constituted by the capacity for responsiveness to reasons directly, and indirectly via sensitivity to the expectations of one’s audience (whose sensitivity may be more developed than one’s own). This chapter defends a version (...) of the scaffolded-responsiveness view, and develops two further claims. Firstly, moral responsibility should not be tied too closely to liability to praise or blame. Secondly, rather than revising our existing concept of responsibility, we would do better to ask what we want the concept of responsibility for. (shrink)

Elsewhere, I proposed a libertarian-based account of freedom and moral blameworthiness which like Harry Frankfurt's 1969 account rejects the principle of alternative possibilities (which I call, Frankfurt-friendly libertarianism). In this paper I develop this account further (a) by responding to an important objection to it raised by Carlos Moya; (b) by exploring the question why, if unavoidability per se does not exonerate from blame, the Frankfurt-friendly libertarian is justified in exculpating an agent under determinism; (c) by arguing that some main (...) compatibilist alternatives to the account are unsatisfactory; and finally (d) by defending it against a general criticism of certain libertarian theories made by Derk Pereboom. (shrink)

The compatibility of determinism and the ability to do otherwise has been implicitly assumed by many to be irrelevant to the viability of compatibilist responses to the manipulation argument for incompatibilism. I argue that this assumption is mistaken. The manipulation argument may be unsound. But even so, the manipulation argument, at the very least, undermines classical compatibilism, the view that free will requires the ability to do otherwise, and having that ability is compatible with determinism. This is because classical compatibilism, (...) in conjunction with any type of reply to the manipulation argument, has counterintuitive implications. In order to avoid such implications, we need not hold that determinism is incompatible with moral responsibility. But we must hold that determinism is incompatible with the ability to do otherwise. (shrink)

This paper aims to challenge the view that the sign present in many Frankfurt-style scenarios is insufficiently robust to constitute evidence for the possibility of an alternate decision, and therefore inadequate as a means of determining moral responsibility. I have amended Frankfurt’s original scenario, so as to allow Jones, as well as Black, the opportunity to monitor his (Jones’s) own inclination towards a particular decision (the sign). Different outcome possibilities are presented, to the effect that Jones’s awareness of his own (...) inclinations leads to the conclusion that the sign must be either (a) a prior determinate of the decision about to be made, (b) prior and indeterminate (therefore allowing for a contra-inclination decision to be made), or (c) constitutive of a decision that Jones has made but is not yet aware of. In effect, this means that, prior to the intervention of Black, Jones must have decided to do otherwise or could have so decided. Either way, although Frankfurt’s conclusion, that Jones could not have done other than he did, is upheld, the idea that he could not have decided otherwise must be rejected, and with it the view that the sign is nothing more than a flicker of freedom insufficient for assigning morally responsibility. (shrink)

Both advocates of corporate regulation and its opponents tend to depict regulation as restrictive—a policy option that limits freedom in the name of welfare or other social goods. Against this framing, I suggest we can understand regulation in enabling terms. If well designed and properly enforced, regulation enables companies to operate in ways that are acceptable to society as a whole. This paper argues for this enabling character by considering some wider questions about responsibility and the sharing of responsibility. Agents (...) who are less able or willing to act well are obviously more likely to face criticism, mistrust, and adverse responses. It will be more difficult to hold those agents responsible, especially so when there are many who fail in their responsibilities or where there are wide-reaching disagreements about those responsibilities. Regulatory standards, like other norms and ways of defining responsibilities, address these problems: by restricting, they also enable social cooperation. Like other forms of holding responsible, ways of enforcing those standards against recalcitrant agents, or encouraging conformity to them, may also seem restrictive. Again, however, these practices play an important role in enabling responsible agency. This is partly because they can bolster readiness to act well in agents who experience or witness such responses. It is also because they free other agents to exercise initiative and commitment in defining their individual responsibilities in line with higher standards. (shrink)

Philosophers usually discuss responsibility in terms of responsibility for past actions or as a question about the nature of moral agency. Yet the word responsibility is fairly modern, whereas these topics arguably represent timeless concerns about human agency. This paper investigates another use of responsibility, that is particularly important to modern liberal societies: responsibility as a virtue that can be demonstrated by individuals and organisations. The paper notes its initial importance in political contexts, and seeks to explain why we now (...) demand responsibility in all spheres of life. In reply, I highlight the distinctively institutional character of modern liberal societies: institutions specify many of the particular responsibilities each of us must fulfil, but also require responsibility to sustain them and address their failings. My overall argument is that the virtue of responsibility occupies a distinctive place in the moral needs, and moral achievements, of liberal societies; and this, in turn, explains why it now occupies such a prominent place in our moral discourse. (shrink)

Cognitive scientists have long noted that automated behavior is the rule, while consciousness acts of self-regulation are the exception to the rule. On the face of it automated actions appear to be immune to moral appraisal because they are not subject to conscious control. Conventional wisdom suggests that sleepwalking exculpates, while the mere fact that a person is performing a well-versed task unthinkingly does not. However, our apparent lack of conscious control while we are undergoing automaticity challenges the idea that (...) there is a relevant moral difference between these two forms of unconscious behavior. In both cases the agent lacks access to information that might help them guide their actions so as to avoid harms. In response it is argued that the crucial distinction between the automatic agent and the agent undergoing an automatism, such as somnambulism or petit mal epilepsy, lies in the fact that the former can preprogram the activation and interruption of automatic behavior. Given that, it is argued that there is elbowroom for attributing responsibility to automated agents based on the quality of their will. (shrink)

Some have argued that our intuitive reactions to a number of cases of moral responsibility can only be preserved at the expense of a unified account of moral responsibility for acts and omissions. I argue against this conclusion, proposing that a plausible condition on responsibility, the Causal Condition can, when properly elaborated, justify the relevant intuitive data.

It is plausible to think that part of what it is to be an autonomous agent is to adequately respond to important changes in one’s circumstances. The agent who has set her own course in life, but is unable to recognize and respond appropriately when evidence arises indicating the need to reconsider and perhaps adjust her plan, lacks an important form of personal autonomy. However, this “evidence-responsiveness” aspect of autonomy has not yet been adequately analyzed. Most autonomy theorists ignore it (...) altogether and the few who have addressed it have failed to give a satisfactory account. In this paper, I first examine an evidence-responsiveness condition proposed by Arneson. I argue there that while Arneson’s condition provides a valuable framework in which to examine evidence-responsiveness, there are several crucial issues that it either fails to address at all or else fails to adequately resolve. That condition is therefore in need of further elaboration and refinement. I then examine a recent article in this journal by Blöser, Schöpf, and Willaschek which develops an account of autonomy that I argue can usefully be understood as employing and elaborating upon the general framework offered by Arneson. I argue that while the elaboration Blöser and her co-authors provide Arneson’s condition is instructive, it is inadequate in several important ways which indicate the form a more satisfactory evidence-responsiveness condition will take. I go on to develop such a condition and conclude by highlighting the advantages to be gained by including that condition in a complete theory of autonomy. (shrink)

In this article I want to ask what we should do, either collectively or individually, if we could identify by genetic and family profding the 12% of the male population likely to commit almost half the violent crime in our society. What if we could identify some individuals in that 12% not only at birth, but in utero, or before implantation? I will explain the source of these figures later; for now, I will use them only to provide a concrete (...) example of the kind of predictive claims we can expect to be made with some frequency, and some scientific credibility, over the next generation. I will adopt an outlook that one commentator has called “pragmatic optimism,” but which could also be called technological optimism - the belief that a science or technology will achieve many or most of its advertised goals. My optimism will be directed towards human behavioral genetics, the source of predictions like the one I just offered; I will assume that this controversial discipline will achieve a substantial pan of its scientific ambition to identlfy genetic differences among individuals that help predict and possibly explain future behavior, psychological health, and cognitive skill. This optimism is very limited -it concerns the scientific success of behavioral genetics, not the social value of that success. (shrink)

In this article I want to ask what we should do, either collectively or individually, if we could identify by genetic and family profding the 12% of the male population likely to commit almost half the violent crime in our society. What if we could identify some individuals in that 12% not only at birth, but in utero, or before implantation? I will explain the source of these figures later; for now, I will use them only to provide a concrete (...) example of the kind of predictive claims we can expect to be made with some frequency, and some scientific credibility, over the next generation. I will adopt an outlook that one commentator has called “pragmatic optimism,” but which could also be called technological optimism - the belief that a science or technology will achieve many or most of its advertised goals. My optimism will be directed towards human behavioral genetics, the source of predictions like the one I just offered; I will assume that this controversial discipline will achieve a substantial pan of its scientific ambition to identlfy genetic differences among individuals that help predict and possibly explain future behavior, psychological health, and cognitive skill. This optimism is very limited -it concerns the scientific success of behavioral genetics, not the social value of that success. (shrink)

Moral responsibility invariantism is the view that there is a single set of conditions for being morally responsible for an action (or omission or consequence of an act or omission) that applies in all cases. I defend this view against some recent arguments by Joshua Knobe and John Doris.

In Free Will and Luck, Mele presents a case of an agent Ernie, whose zygote was intentionally designed so that Ernie A-s in 30 years, bringing about a certain event E. Mele uses this case of original design to outline the zygote argument against compatibilism. In this paper I criticize the zygote argument. Unlike other compatibilists who have responded to the zygote argument, I contend that it is open to the compatibilist to accept premise one, that Ernie does not act (...) freely and is not morally responsible for anything he does. I argue that compatibilists should deny premise two. Diana’s effective intention to create Ernie’s zygote such that Ernie A-s in 30 years and her intervention to bring about his A-ing mark a significant difference between Ernie and normal agents in a deterministic universe with regard to how their zygotes were created that affects whether those agents act freely and are morally responsible for so acting. (shrink)

In Responsibility and Control: A Theory of Moral Responsibility John Martin Fischer and Mark Ravizza propose an account of moral responsibility according to which an agent is morally responsible for an action just when that action is the product of her own moderately reasons-responsive mechanism, where reasons-responsiveness is explained in terms of the mechanism’s regular reasons-receptivity and weak reasons-reactivity. In a review of Fischer and Ravizza’s book Mele contends that their weakly reasons-reactivity condition is inadequate, constructing a case in which, (...) according to their theory, an extreme agoraphobic is morally responsible for his staying in his home. In this paper I modify Fischer and Ravizza’s account of moral responsibility in light of Mele’s problematic example, suggesting a refinement of their weakly reasons-reactivity requirement via a distinction between weakly sufficient reasons and strongly sufficient reasons. (shrink)

The aim of this paper is to challenge libertarian accounts of free will. It is argued that there is an irreconcilable tension between the way in which philosophers motivate the incompatibilist ability to do otherwise and the way in which they formally express it. Potential incompatibilist responses in the face of this tension are canvassed, and it is argued that each response is problematic. It is not claimed that incompatibilist accounts in general are incoherent, but rather that any incompatibilist account (...) that requires that an agent have alternative possibilities at the point of a free action fails. (shrink)

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...) a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question. (shrink)

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

In this article I propose a resolution to the history issue for responsible agency, given a moderate revisionist approach to responsibility. Roughly, moderate revisionism is the view that a plausible and normatively adequate theory of responsibility will require principled departures from commonsense thinking. The history issue is whether morally responsible agency – that is, whether an agent is an apt target of our responsibility-characteristic practices and attitudes – is an essentially historical notion. Some have maintained that responsible agents must have (...) particular sorts of histories, others have argued that no such history is required. Resolution of this contentious issue is connected to a wide range of concerns, including the significance and culpability of different forms of manipulation, the plausibility of important incompatibilist criticisms of compatibilism, and of course, a satisfactory account of moral responsibility. As it turns out, history matters sometimes, but less frequently than we might think. (shrink)

The notion of responsible innovation suggests that innovators carry additional responsibilities beyond those commonly suggested. In this paper, we will discuss the meaning of these novel responsibilities focusing on two philosophical problems of attributing such responsibilities to innovators. The first is the allocation of responsibilities to innovators. Innovation is a process that involves a multiplicity of agents and unpredictable, far-reaching causal chains from innovation to social impacts, which creates great uncertainty. A second problem is constituted by possible trade-offs between different (...) kinds of responsibility. It is evident that attributing backward-looking responsibility for product failures diminishes the willingness to learn about such defects and to take forward-looking responsibility. We will argue that these problems can be overcome by elaborating what it is exactly that innovators are responsible for. In this manner, we will distinguish more clearly between holding responsible and taking responsibility. This opens a space for ‘supererogatory’ responsibilities. Second, we will argue that both innovation processes and outcomes can be objects of innovators’ responsibility. Third, we will analyze different kinds of responsibility and show that the functions of their attribution are not necessarily contradictory. Based on this conceptual refinement, we will argue that accountability, responsibility-as-virtue and the willingness to take responsibility are crucial for responsible innovation. (shrink)

In the last decade we have entered the era of remote controlled military technology. The excitement about this new technology should not mask the ethical questions that it raises. A fundamental ethical question is who may be held responsible for civilian deaths. In this paper we will discuss the role of the human operator or so-called ‘cubicle warrior’, who remotely controls the military robots behind visual interfaces. We will argue that the socio-technical system conditions the cubicle warrior to dehumanize the (...) enemy. As a result the cubicle warrior is morally disengaged from his destructive and lethal actions. This challenges what he should know to make responsible decisions (the so-called knowledge condition). Nowadays and in the near future, three factors will influence and may increase the moral disengagement even further due to the decrease of locus of control orientation: (1) photo shopping the war; (2) the moralization of technology; (3) the speed of decision-making. As a result, cubicle warriors cannot be held reasonably responsible anymore for the decisions they make. (shrink)

The so-called Direct Argument for the incompatibility of moral responsibility and causal determinism depends on a rule of inference called Rule A, a rule that says no one is even partly morally responsible for a necessary truth. While most philosophers think that Rule A is valid, Stephen Kearns has recently offered several alleged counterexamples to the rule. In the paper, I show that Kearns’ counterexamples are unsuccessful.

One of the most influential accounts of blame—the affective account—takes its cue from P.F. Strawson’s discussion of the reactive attitudes. To blame someone, on this account, is to target her with resentment, indignation, or (in the case of self-blame) guilt. Given the connection between these emotions and the demand for regard that is arguably central to morality, the affective account is quite plausible. Recently, however, George Sher has argued that the affective account of blame, as understood both by Strawson himself (...) and by contemporary Strawsonians, is inadequate because it cannot make sense of blameworthiness. In this paper I defend the affective account of blame against several of Sher’s arguments for this conclusion. In the process, I clarify the Strawsonian account of moral responsibility, and I discuss how the affective account of blame ought to be understood and articulated. (shrink)

The human brain, with its 100 billion neurons working in intricate collaborations to create the physical basis of the memories, perceptions, thoughts, and emotions that together make me the person...

The principle of alternative possibilities tells us that an agent is morally responsible for an action only if he could have done otherwise. Frankfurt-style cases provide an extremely influential challenge to the PAP . And Frankfurt-style compatibilists are motivated to accept compatibilism about responsibility and determinism in part due to FSCs. But there is a significant tension between our judgments about responsibility in FSCs and our judgments about responsibility in certain omissions cases. This tension has thus far largely been treated (...) as an internal puzzle for defenders of FSCs to solve. My goal here is to regiment this tension into a clear argument which undermines the FSC based critique of PAP. I will also argue that there is an in principle reason to doubt that Frankfurt-Style Compatibilists will be able to successfully respond to my argument. (shrink)

In this paper, I consider a novel challenge to John Martin Fischer and Mark Ravizza’s reasons-responsiveness theory of moral responsibility. According to their view, agents possess the control necessary for moral responsibility if their actions proceed from a mechanism that is moderately reasons-responsive. I argue that their account of moderate reasons-responsiveness fails to provide necessary and sufficient conditions for moral responsibility since it cannot give an adequate account of the responsibility of individuals with autism spectrum disorder. Empirical evidence suggests that (...) autistic individuals demonstrate impairments in counterfactual thinking, and these impairments, I argue, are such that they cast doubt on Fischer and Ravizza’s construal of moderate reasons-responsiveness. I then argue that modifying the view in order to accommodate individuals with ASD forces them to defend a strong reasons-responsive account despite the fact that they explicitly deny that such an account can adequately characterize what it is to be morally responsible for one’s actions. (shrink)

This paper aims to further examine the relationship between self-awareness and agency by focusing on the role that emotional awareness plays in prominent conceptions of responsibility. One promising way of approaching this task is by focusing on individuals who display impairments in emotional awareness and then examining the effects that these impairments have on their apparent responsibility for the actions that they perform. Individuals with autism spectrum disorder as well as other clinical groups who evince high degrees of the personality (...) construct known as alexithymia, I will argue, do, in fact, display impairments in emotional self-awareness, and, so, may provide some insight into the relationship between this awareness and the capacity for responsible agency. More specifically, individuals with ASD may provide us with evidence that robust emotional self-awareness is not a necessary condition for responsible agency or that lacking such a capacity could undermine some otherwise plausible sufficient conditions for responsibility. The aim of the paper, then, is twofold. First, it will aim to show that ASD ought to be understood, in part, as a disorder of emotional self-awareness. Section 2 presents evidence relating to the emotional profile characteristic of individuals with ASD and argues that the most striking feature of this profile is the way in which the individual seems to be separated from his or her emotions in an important sense. Second, the paper aims to show that this distinctive feature of the emotions in ASD casts serious doubt on some prominent accounts of moral responsibility. To this end, section 3.1 presents a challenge to some widely accepted “subjective conditions” for responsibility, namely those articulated by John Martin Fischer and Ravizza and makes a case, based on the empirical data regarding autism, that these conditions actually are not necessary for one’s being a responsible agent. Section 3.2 then presents a challenge for theories of responsible agency which assign primary importance to the connection between an agent’s actions and her judgment-sensitive attitudes. I argue there that the evidence from autism suggests that these theories fail in their efforts to provide sufficient conditions for responsibility. (shrink)

This paper provides a discussion and defense of a recent formulation of the idea that moral responsibility for actions depends on the capacity to respond to reasons. This formulation appears in several publications by John Martin Fischer and Mark Ravizza, where the authors argue that moral responsibility involves a kind of control over one's actions which they call "guidance control." This kind of control does not require an agent's ability to do something different from what he actually does, but instead (...) requires only that the actual process leading to the action be responsive in some suitable way to the reasons that the agent has for acting. After summarizing this view, I offer the following two innovations to the authors' view: I argue that the level of control required for moral responsibility (which I call "regular reasons-responsiveness") is much stronger than what the author's view allows for; and 2) I give a common-sense account of the kinds of motivational mechanism relevant to moral responsibility. Given these innovations, I show that this kind of view allows us to easily answer some counterexamples that appear in the current literature on moral responsibility. (shrink)

This paper argues for the replacement of the Principle of Alternate Possibilities by an alternative principle, the Principle of Possible Non-Performance, which it is argued represents an important improvement on the Principle of Alternate Possibilities in the context of Frankfurt-style examples. The suggestion that the principle offers only the possibility of something insufficiently 'robust' to supply a decent replacement to PAP is countered.

According to Dewey, we are responsible for our conduct because it is “ourselves objectified in action”. This idea lies at the heart of an increasingly influential deep self approach to moral responsibility. Existing formulations of deep self views have two major problems: They are often underspecified, and they tend to understand the nature of the deep self in excessively rationalistic terms. Here I propose a new deep self theory of moral responsibility called the Self-Expression account that addresses these issues. The (...) account is composed of two parts. The first part answers the question, What is a deep self? Theorists have tended to favor cognitive views that understand the deep self in terms of rationally formed evaluative judgment. I propose instead a conative view that says one’s deep self consists of a distinctive kind of pro-attitude, cares, and I provide an account of cares in terms of their distinctive psychological functional role. The second part answers the question, When does an action express one’s deep self? I criticize the agentially demanding conditions set out in existing views and propose a more minimalist alternative. I show that the Self-Expression account handles issues that bedeviled traditional deep self views, including how to explain moral responsibility for spontaneous, out of character, and weak-willed actions. (shrink)

In exploring the impact of cognitive science findings on compatibilist theories of moral responsibility such as Fischer and Ravizza’s, most attention has focused on whether agents are, in fact, responsive to reasons. In doing so, however, we have largely ignored our improved understanding of agents’ epistemic access to their reasons for acting. The “ownership” component of Fischer and Ravizza’s theory depends on agents being able to see the causal efficacy of their conscious deliberation. Cognitive science studies make clear that a (...) variety of situational factors, implicit attitudes, and unconscious mental states influence agents’ behavior, and that they are generally unaware of their impact. If an agent is skeptical of the extent to which her conscious deliberation has causal upshots in the world, then she – like a natural incompatibilist – may not take ownership over her action-generating mechanism. Instead, she may seek a more general account of moral responsibility or revise her moral intuitions altogether. (shrink)

Harry Frankfurt’s Unwilling Addict and Willing Addict cases accomplish something fairly unique: they pull apart the predictions of control-based views of moral responsibility and competing self-expression views. The addicts both lack control over their actions but differ in terms of expression of their respective selves. Frankfurt’s own view is that—in line with the predictions of self-expression views—the unwilling addict is not morally responsible for his drug-directed actions while the willing addict is. But is Frankfurt right? In this essay, I put (...) together a systematic defence of Frankfurt’s position. (shrink)

What are the distinctive psychological features that explain why humans are free, but many other creatures, such as simple animals, are not? It is natural to think that the answer has something to do with unique human capacities for decision-making. Philosophical discussions of how decision-making works, however, are tellingly incomplete. In particular, these discussions invariably presuppose an agent who has a mentally represented set of options already fully in hand. The emphasis is largely on the selective processes that identify the (...) options most worth doing and then execute them. But where do mentally represented sets of options come from in the first place? Once we focus on this constructive aspect of decision-making, an important fact becomes apparent: While the option sets of simpler animals are sharply limited, humans have a number of striking psychological powers—including remarkable powers of prospection and creativity—that enable them to construct option sets of unparalleled size and diversity. As a result, humans can express themselves in countless ways. This latitude for self-expression is, I argue, the distinctive feature that explains why humans are free. (shrink)

This paper develops a sympathetic critique of recent experimental work on free will and moral responsibility. Section 1 offers a brief defense of the relevance of experimental philosophy to the free will debate. Section 2 reviews a series of articles in the experimental literature that probe intuitions about the "compatibility question"—whether we can be free and morally responsible if determinism is true. Section 3 argues that these studies have produced valuable insights on the factors that influence our judgments on the (...) compatibility question, but that their general approach suffers from significant practical and philosophical difficulties. Section 4 reviews experimental work addressing other aspects of the free will/moral responsibility debate, and section 5 concludes with a discussion of avenues for further research. (shrink)

Conscience and conscientious objections are important issues in medical law and ethics. However, discussions tend to focus on a particular type of conscience-based claim. These types of claims are based upon predictable, generalizable rules in which an individual practitioner objects to what is otherwise standard medical treatment. However, not all conscience based claims are of this type. There are other claims which are based not on an objection to a treatment in general but in individual cases. In other words, these (...) cases may involve practices which the doctor does not usually object to but does so in this instance on these facts. This paper will explore these types of conscience-based claims in two ways. First, it will explore whether these types of individualised conscience-based claims are really conscience claims at all. Second, it will explore how these claims interact with the other sorts of judgements we expect doctors to make in these cases. (shrink)

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

In this paper, I develop and discuss an argument intended to demonstrate that the Molinist notion of middle knowledge, and in particular the concept of counterfactuals of freedom, is incompatible with the notion of personal responsibility (for created creatures). In Sect. 1, I discuss the Molinist concepts of middle knowledge and counterfactuals of freedom. In Sect. 2, I develop an argument (henceforth, the Transfer of Negative Responsibility Argument, or TNRA) to the effect that, due to their construal of the concepts (...) of middle knowledge and counterfactuals of freedom, Molinists are not entitled to the notion that individuals are personally responsible—even for those actions that they freely perform. I then discuss the only two promising strategies for rejecting the argument in Sects. 3 and 4. Finally, in Sect. 5, I contend that, although TNRA may be unsuccessful as an internal argument against the Molinist, either of the possible strategies for rejecting TNRA poses a difficulty for the Molinist. Both response strategies force the Molinist into adopting a popular compatibilist strategy for rejecting a common negative argument against compatibilism. Thus, if Molinism represents a libertarian—i.e., incompatibilist—account of human freedom (as, e.g., Flint claims in his recent Divine Providence: The Molinist Account , noting that libertarianism is one of the “twin bases of Molinism”), then the discussion of TNRA poses, if not a dilemma , at the very least a serious challenge for the Molinist. (shrink)

Frankfurt’s famous counterexample strategy challenges the traditional association between moral responsibility and alternative possibilities. While this strategy remains controversial, it is now widely agreed that an adequate response to it must preserve an agent’s ability to do otherwise, and not the mere possibility, for only then is her alternative possibility sufficiently robust to ground her responsibility. Here, I defend a more stringent requirement for robustness. To have a robust alternative, I argue, the agent must have the right kind of ability, (...) where the right kind is such that it is up to her whether she does otherwise. I argue that this kind of power attribution is epistemically conditioned. While a few writers have defended an epistemic condition for robustness, seeing this condition as a consequence of the relevant power attributions will provide much-needed support and clarification, while also illuminating the kind of ability in which free will consists. (shrink)

The relevance of personal history to questions of moral responsibility is a challenging topic all around, but especially for those who deny that deterministic histories preclude morally responsible...

In this article, we will identify two issues that deserve greater attention from those researching lay people’s attitudes to moral responsibility and determinism. The first issue concerns whether people interpret the term “moral responsibility” in a retributive way and whether they are motivated to hold offenders responsible for pre-determined behaviour by considerations other than retributivism, e.g. the desires to condemn the action and to protect society. The second issue concerns whether explicitly rejecting moral responsibility and retributivism, after reading about determinism, (...) would have any impact on “implicit” retributivism when recommending a sentence for a hypothetical offender. We will report the results of an exploratory study that investigated these questions. Our preliminary findings raise the possibility that a significant proportion of participants either i) may not interpret “moral responsibility” in the basic, retributive sense of the term, which is at issue in the determinism debate, or ii) may be unconsciously motivated by non-retributive considerations to judge that the offender is morally responsible, in the basic, retributive sense. If this is confirmed by future research, a wider implication would be that theorists’ arguments against retributivism are more likely to affect public attitudes to punishment when non-retributive ways of achieving important punishment goals are emphasised. Our preliminary findings also suggested that explicit retributivism did not correlate with implicit retributivism. If this is confirmed in future research, it would imply that free will theorists who wish to affect public attitudes toward punishment should, when communicating their research to the public, give detailed consideration to the implications for sentencing. (shrink)

Advances in neuroscience might make it possible to develop techniques for directly altering offenders’ brains, in order to make offenders more responsible and law-abiding. The idea of using such techniques within the criminal justice system can seem intuitively troubling, even if they were more effective in preventing crime than traditional methods of rehabilitation. One standard argument against this use of brain interventions is that it would undermine the individual’s free will. This paper maintains that ‘free will’ (at least, as that (...) notion is understood by those who adopt the influential compatibilist approach) is an inadequate basis for explaining what is problematic about some direct brain interventions. This paper then defends an alternative way of objecting to certain kinds of direct brain interventions, focusing on the relationship between the offender and the state rather than the notion of free will. It opposes the use of interventions which aim to enhance ‘virtue responsibility’ (by instilling particular values about what is right and wrong), arguing that this would objectify offenders. In contrast, it argues that it may be acceptable to use direct brain interventions to enhance ‘capacity responsibility’ (i.e. to strengthen the abilities necessary for the exercise of responsible agency, such as self-control). Finally it considers how to distinguish these different kinds of responsibility enhancement. (shrink)

Although philosophers have explored several connections between neuroscience and moral responsibility, the issue of how real-world neurological modifications, such as Deep Brain Stimulation, impact moral responsibility has received little attention. In this article, we draw on debates about the relevance of history and manipulation to moral responsibility to argue that certain kinds of neurological modification can diminish the responsibility of the agents so modified. We argue for a historicist position - a version of the history-sensitive reflection view - and defend (...) that account against a rival, relational view of responsibility. We conclude that DBS can, under certain conditions, diminish responsibility, and explore the circumstances under which this might be so. We conclude by suggesting that philosophical debates about moral responsibility, manipulation, and history have greater practical relevance than is sometimes thought, and that attention to practical cases can help inform and deepen this body of scholarship. (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)

Some philosophers have recently argued that luck at the time of decision is a problem for compatibilists and libertarians alike. But conceptual ambiguity regarding deterministic luck at the time of decision – henceforth C-luck – has obscured recognition of the problem C-luck poses to compatibilism. This paper clarifies C-luck and distinguishes it from present luck, showing that the former arises from contingent factors at the time of decision instead of presupposed free will requirements. We then argue that empirical findings confirm (...) the existence of C-luck thereby raising a fundamental challenge to compatibilist accounts of moral responsibility. (shrink)