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

Sometimes you make a choice. Whether or not you made it was up to you. The choice was free. But how can this be? A scientific view of the world may leave no room for free choice. Free will literature continually explodes. Yet experts still focus on control or on a power to do otherwise. Sadly, they neglect another intuitive feature of free will: being an underived source or ultimate originator. When acting freely, one is a self-determined, self-directed, sole author (...) of change. Surprisingly, though the literature is replete with this pre-theoretic feature of free will, virtually no one makes rigorous use of it when constructing arguments. Equipped with fresh research, this book contends that agent-causation—currently an unpopular theory—deserves serious reconsideration. Only agent-causation accounts for ultimate origination, and popular objections fail under rigorous scrutiny. This book is tightly argued. It challenges and deepens recent advances in free will scholarship made by Peter van Inwagen, Robert Kane, Carl Ginet, Randy Clarke, Stewart Goetz, Tim O’Connor, and others. (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 main goal of this paper is to contribute to the clarification of the dialectics between compatibilists and incompatibilists on free action. I describe a new incompatibilist position that has been neglected in the literature. I also provide a proper rationale for such a position. First, I present a justification for incompatibilism that is composed of an old idea and a new one. The old idea is the FRAP principle: freedom requires alternative possibilities. Compatibilists and incompatibilists alike usually share a (...) Key Assumption about how the open alternative possibilities allowed by indeterminism are supposed to support the libertarian case: the existence of alternative possibilities should make a metaphysically relevant difference concerning the control and/or the authorship of the agent over the action. The other component in the justification for incompatibilism is the rejection of the Key Assumption. Why to preserve FRAP when the Key Assumption is dropped? The answer has three parts: we have a strong pre-theoretical intuition in favour of FRAP; a crucial anti-libertarian argument, known as the Luck Argument, can be interpreted as showing that FRAP and the Key Assumption cannot both be true; the Luck Argument doesn't work when directed against FRAP itself. (shrink)

As good a definition as any of a _philosophical_ conundrum is a problem all of whose possible solutions are unsatisfactory. The problem of understanding the springs of action for morally responsible agents is commonly recognized to be such a problem. The origin, nature, and explanation of freely-willed actions puzzle us today as they did the ancients Greeks, and for much the same reasons. However, one can carry this ‘perennial-puzzle’ sentiment too far. The unsatisfactory nature of philosophical theories is a more (...) or less matter, and some of them have admitted of improvement over time. This, at any rate, is what we self-selecting metaphysicians tend to suppose, and I will pursue that high calling by suggesting a few improvements to a theory of metaphysical freedom, or freedom of the will. (shrink)

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action occurs or (...) not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (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)

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)

An agent who is the victim of covert and nonconstraining control is unaware of being controlled and controllers get their way by manipulating the victims so that they willingly do what the controllers desire. Our primary objective is to argue that if cases of CNC manipulation undermine compatibilist accounts of the sort of control required for moral responsibility, they also undermine various agent‐causal and non‐agent‐causal libertarian accounts as well.

I motivate a dilemma to show that nothing can be obligatory for anyone regardless of whether determinism or indeterminism is true. The deterministic horn, to which prime attention is directed, exploits the thesis that obligation requires freedom to do otherwise. Since determinism precludes such freedom, it precludes obligation too. The indeterministic horn allows for freedom to do otherwise but assumes the burden of addressing whether indeterministically caused choices or actions are too much of a matter of luck to be obligatory (...) for anyone. I critically discuss a response to the deterministic horn that invokes the distinction between alternatives compatible with determinism and those incompatible with determinism. (shrink)

Orthodoxy holds that the difference between weakness of will and compulsion is a matter of the resistibility of an agent's effective motivation, which makes control-based views of agency especially well equipped to distinguish blameworthy weak-willed acts from non-blameworthy compulsive acts. I defend an alternative view that the difference between weakness and compulsion instead lies in the fact that agents would upon reflection give some conative weight to acting on their weak-willed desires for some aim other than to extinguish them, but (...) not to their compulsive desires. This view allows identificationist theorists of moral responsibility to explain why weak-willed actions, but not compulsive actions, are attributable to agents such that they can, in theory, be praised or blamed for them. After motivating and presenting the view in detail, I show how it has unique resources for explaining the ethics of managing one's compulsions. (shrink)

Libertarianism has, seemingly, always been in disrepute among philosophers. While throughout history philosophers have offered different reasons for their dissatisfaction with libertarianism, one worry is recurring: namely a worry about luck. To many, it seems that if our choices and actions are undetermined, then we cannot control them in a way that allows for freedom and responsibility. My fundamental aim in this paper is to place libertarians on a more promising track for formulating a defensible libertarian theory. I begin by (...) arguing that Robert Kane's influential formulation of libertarianism actually generates an acute worry about luck, showing specifically that Kane's recipe for solving the problem of luck and his attendant conception of the location and role of indeterminism derived from it are deeply problematic. I then offer a reformulation of libertarianism ? particularly a new conception of the location and role of indeterminism ? that is capable of avoiding the problems that beset Kane's theory and that, I argue, places libertarians on a more promising track for formulating a defensible theory. (shrink)

In this paper I seek to defend libertarianism about free will and moral responsibility against two well-known arguments: the luck argument and the Mind argument. Both of these arguments purport to show that indeterminism is incompatible with the degree of control necessary for free will and moral responsibility. I begin the discussion by elaborating these arguments, clarifying important features of my preferred version of libertarianism—features that will be central to an adequate response to the arguments—and showing why a strategy of (...) reconciliation (often referred to as “deliberative libertarianism”) will not work. I then consider four formulations of the luck argument and find them all wanting. This discussion will place us in a favorable position to understand why the Mind argument also fails. (shrink)

Robert Kane’s libertarian theory of freedom is frequently attacked in the free will literature by the “luck objection”. Alfred Mele’s articulation of the objection is a very influential formulation as it captures the spirit of Kane’s critics and their complaint with Kane’s view. Mele argues that without a contrastive explanation that highlights aspects of the agent their free choices are reducible to luck. I argue that the lack of a contrastive explanation does not establish that there is no explanation for (...) self-forming actions. Building on the explanation that Kane offers in his rebuttal, I claim that there are neglected dimensions to Kane’s view that, when put together, mitigate the force of the objection. These elements are value experiments, teleological intelligibility and liberum arbitrium voluntatis. I claim that through adopting a narrative view of the self, we can place value experiments in a broader teleological framework that allows us to see self-forming choices are not just a matter of luck. (shrink)

Robert Kane’s libertarian theory of freedom is frequently attacked in the free will literature by the “luck objection”. Alfred Mele’s articulation of the objection is a very influential formulation as it captures the spirit of Kane’s critics and their complaint with Kane’s view. Mele argues that without a contrastive explanation that highlights aspects of the agent their free choices are reducible to luck. I argue that the lack of a contrastive explanation does not establish that there is no explanation for (...) self-forming actions. Building on the explanation that Kane offers in his rebuttal, I claim that there are neglected dimensions to Kane’s view that, when put together, mitigate the force of the objection. These elements are value experiments, teleological intelligibility and liberium arbitrium voluntatis. I claim that through adopting a narrative view of the self, we can place value experiments in a broader teleological framework that allows us to see self-forming choices are not just a matter of luck. (shrink)

If indeterminism is to be necessary for moral responsibility, we must show that it doesn’t preclude responsibility (the Luck Problem) and that it might enhance it (the Enhancement Problem). A ‘strong luck claim’ motivates the Luck Problem: if an agent’s choice is undetermined, then her mental life will be causally irrelevant to her choice, whichever way she decides. A ‘weak luck claim’ motivates the Enhancement Problem: if an agent’s choice is undetermined, then even if her mental life is causally relevant (...) to her choice, whichever way she decides, we cannot explain how she _settles_ her choice. Only the weak luck claim is plausible. However, its plausibility depends on our accepting that we could only settle our choices if they are settled by additional exercises of agency. If we instead understand the process of settling decisions in procedural terms, we can begin to sketch a solution to the Enhancement Problem. (shrink)

A “contrastive explanation” explains not only why some event A occurred, but why A occurred as opposed to some alternative event B. Some philosophers argue that agents could only be morally responsible for their choices if those choices have contrastive explanations, since they would otherwise be “luck infested”. Assuming that contrastive explanations cannot be offered for causally undetermined events, this requirement entails that no one could be held responsible for a causally undetermined choice. Such arguments challenge incompatibilism, since they entail (...) that causal determinism is a prerequisite for moral responsibility. However, I argue that for a significant class of choices, even if we stipulate that they are determined, we will be unable to provide a relevant contrastive explanation. Hence causal determinism is no remedy for luck infestation, and compatibilists do not fare much better than incompatibilists in the face of this requirement. This should serve to weaken its philosophical appeal. (shrink)

(2014). Cross-world luck at the time of decision is a problem for compatibilists as well. Philosophical Explorations: Vol. 17, No. 2, pp. 112-125. doi: 10.1080/13869795.2014.912673.

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

Robert Kane’s libertarian theory is often attacked on the grounds that undetermined self-forming actions are not amenable to contrastive explanation. I propose that we should understand contrastive explanations in terms of an appeal to structuring causes. Doing so reveals that Kane’s claim that there can be no contrastive explanation for self-forming actions is not an unwanted implication of his appeal to indeterminism, but is actually an implication of the fact that the agent’s will is not yet appropriately structured. I then (...) explain how this can assist Kane with the luck objection. (shrink)

En utilisant le cadre théorique développé par Jaegwon Kim, soit l’opposition entre le réalisme explicatif et l’irréalisme explicatif, ainsi que quelques observations sur la métaphysique et l’épistémologie de l’explication, je réexamine le désaccord opposant Robert Kane à Richard Double au sujet du principe de l’explication rationnelle. Je défends la position de Kane sur la double rationalité et je soutiens que le principe proposé par Double possède un champ d’application plus limité qu’il le prétend. Je montre aussi que, contrairement à ce (...) que suppose Double, la façon dont Kane entend expliquer l’action ne se transforme pas en une forme d’irréalisme explicatif. (shrink)

Humean compatibilism is the combination of a Humean position on laws of nature and the thesis that free will is compatible with determinism. This article's aim is to situate Humean compatibilism in the current debate among libertarians, traditional compatibilists, and semicompatibilists about free will. We argue that a Humean about laws can hold that there is a sense in which the laws of nature are 'up to us' and hence that the leading style of argument for incompatibilism?the consequence argument?has a (...) false premiss. We also display some striking similarities between Humean compatibilism and libertarianism, an incompatibilist view. For example, standard libertarians face a problem about luck, and we show that Humean compatibilists face a very similar problem. (shrink)

Let libertarianism be the view that humans are capable of making decisions that are simultaneously undetermined and appropriately non-random. It’s often argued that this view is incoherent because indeterminacy entails randomness (of some appropriate kind). I argue here that the truth is just the opposite: the right kind of indeterminacy in our decisions actually entails appropriate non-randomness, so that libertarianism is coherent, and the question of whether it’s true reduces to the wide-open empirical question of whether certain of our decisions (...) (which I characterize here) are undetermined at the moment of choice. Moreover, the version of libertarianism developed here is entirely naturalistic and event-causal. (shrink)

Let libertarianism be the view that humans are capable of making decisions that are simultaneously undetermined and appropriately non-random. It’s often argued that this view is incoherent because indeterminacy entails randomness (of some appropriate kind). I argue here that the truth is just the opposite: the right kind of indeterminacy in our decisions actually entails appropriate non-randomness, so that libertarianism is coherent, and the question of whether it’s true reduces to the wide-open empirical question of whether certain of our decisions (...) (which I characterize here) are undetermined at the moment of choice. Moreover, the version of libertarianism developed here is entirely naturalistic and event-causal. (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.

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

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)

In this thesis, I will defend a new kind of compatibilist account of free action, indirect conscious control compatibilism (or indirect compatibilism for short), and argue that some of our actions are free according to it. My argument has three components, and involves the development of a brand new tool for experimental philosophy, and the use of cognitive neuroscience. The first component of the argument shows that compatibilism (of some kind) is a conceptual truth. Contrary to the current orthodoxy in (...) the free will literature, which is that our concept of free will is an incompatibilist concept - a concept according to which we have free will only if determinism is false - I will show that our concept of free will is in fact a compatibilist concept - a concept according to which we can have free will even if determinism is true - and I do so using a new experimental philosophy methodology inspired by two-dimensional semantics. -/- Of course, even if our concept of free will is a compatibilist concept, this does not mean that there are any free actions in the world: the current empirical evidence from the brain sciences appears to show that there might be no, or very few, free actions in the world, even on many compatibilist understandings of what it would take for there to be free will. The second component of the argument addresses this concern by extending our understanding of compatibilism. Agents act freely either when their actions are caused by compatibilistically acceptable psychological processes, or are indirectly caused by those same processes. Hence the name of my account: indirect compatibilism. -/- The final component of the argument defends my new account against some interesting objections and provides evidence from cognitive neuroscience that some of our actions count as free by the lights of indirect compatibilism. (shrink)

Central to Robert Kane’s libertarian free will is the distinction between two kinds of action: undetermined self-forming actions by means of which we shape our characters, and actions that are determined by our freely formed characters. Daniel Dennett challenges the coherence of this distinction, but I argue that his arguments rely on highly controversial assumptions. In an effort to improve on Dennett’s criticism, I argue that some considerations about non-self-forming actions, when coupled with Kane’s naturalistic framework, imply that all choices (...) are undetermined, which undercuts the distinction between his two categories of action. I then show that this conclusion threatens to undermine the very idea of self-formation Kane seeks to develop. (shrink)