One way to frame the problem of moral luck is as a contradiction in our ordinary ideas about moral responsibility. In the case of two identical reckless drivers where one kills a pedestrian and the other does not, we tend to intuit that they are and are not equally blameworthy. The Character Response sorts these intuitions in part by providing an account of moral responsibility: the drivers must be equally blameworthy, because they have identical character traits and people are originally (...) praiseworthy and blameworthy in virtue of, and only in virtue of, their character traits. After explicating two versions of the Character Response, I argue that they both involve implausible accounts of moral responsibility and fail to provide a good solution to the problem of moral luck. I close by noting how proponents of moral luck can preserve a kernel of truth from the Character Response to explain away the intuition that the drivers are equally blameworthy. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

Something is a matter of luck if it is beyond our control. In this paper, I argue for the primary thesis that luck can undermine varieties of obligation, such as moral and prudential obligation, as well as judgments that are best from an agent’s own point of view. Among the considerations invoked to defend this thesis is a prevalent form of libertarianism, event-causal libertarianism. Arguments for the primary thesis that call on event-causal libertarianism raise concerns with this variety of libertarianism.

The problem of luck is advanced and defended against libertarian theories of responsibility-enabling ability. An outline of an account of ability is articulated to explore some features of the sort of ability moral responsibility requires. The account vindicates the luck objection and suggests a novel puzzle: Libertarianism is structurally barred from answering the problem of luck because responsibility requires, but inherently lacks, an explanation from reason states to actions that preserves reliability of connection between responsibility-grounding reasons-sensitivity and action.

In this paper, we start by comparing the two agents, Ann and Bob, who are involved in two car crashes. Whereas Ann crashes her car through no fault of her own, Bob crashes as a result of reckless driving. Unlike Ann, Bob is held criminally responsible, and the insurance company refuses to cover the car’s damages. Nonetheless, Ann and Bob both receive emergency hospital treatment that a third party covers, regardless of any assessment of personal responsibility. What warrants such apparent (...) exceptionalism with respect to personal responsibility in the healthcare context? We turn our attention to an understudied aspect of the debate on personal health responsibility, namely, the conceptualisation of the person in need of emergency hospital treatment. Drawing on the research of Joshua Knobe and Shaun Nichols, we propose that a context-dependent conceptualisation of the person may help explain a reluctance to ascribe responsibility to the individual for negative health outcomes. (shrink)

Stephen Mumford and Rani Lill Anjum have argued that a theory of free will that appeals to a powers-based ontology is incompatible with causal determinism. This is a surprising conclusion since much recent work on the intersection of the metaphysics of powers and free will has consisted of attempts to defend compatibilism by appealing to a powers-based ontology. In response I show that their argument turns on an equivocation of ‘all events are necessitated’.

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

In this paper I argue that the distinction between moral responsibility and autonomy can illuminate various debates about the Zygote Argument. Having made this distinction, one can see how these manipulation arguments are unsuccessful. Building on previous work, I also argue that this distinction can provide a framework for understanding other important work in agency theory, including that of Harry Frankfurt and Gary Watson.

This is a critical notice of Alfred Mele’s, Manipulated Agents: A Window to Moral Responsibility. I agree with Mele that moral responsibility is a historical phenomenon, but give some considerations in favor of a positive, rather than negative, historical condition for moral responsibility. I focus on Mele’s Zygote Argument, which is intended to present a challenge for compatibilism. I contend that the challenge can be met, and I offer an error theory of the appeal of the Zygote Argument.

Free will skepticism is the view that people never truly deserve to be praised, blamed, or punished for what they do. One challenge free will skeptics face is to explain how criminality could be dealt with given their skepticism. This paper critically examines the prospects of implementing legal changes concerning crime and punishment derived from the free will skeptical views developed by Derk Pereboom and Gregg Caruso. One central aspect of the changes their views require is a concern for reducing (...) the severity of current forms of punishment. The paper considers two strategies for pursuing such a reduction. By taking into account evidence from the psychology of belief in free will and desire to punish, it is argued that a strategy aiming at a reduction of people’s natural desire to punish criminals can be successful if capable of providing alternatives to current forms of punishment satisfying three properties: they must be less harmful than current forms of punishment, more effective in preventing crime, and incompatible with current forms of punishment. (shrink)

Alfred Mele has presented the Zygote Argument as a challenge to compatibilism. In previous work I have offered a critique of Mele’s first premise. Patrick Todd, Neal Tognazzini, and Derk Pereboom have offered an alternative interpretation of the argument, substituting for. Here I offer a critical evaluation of this strategy, and in the process I seek to understand the deep structure of the Zygote Argument.

This paper focuses on Gilberto Gomes’ work on free will. In a series of contributions that have had a significant impact on the respective literature, Gomes developed a conception about free will and argued that its existence is consistent with recent scientific findings, specially in neuroscience. In this paper, I object to a claim of Gomes about his conception of free will, namely the claim that it is a compatibilist conception. I seek to show that Gomes does not use the (...) term ‘compatibilism’ as it is usual in the contemporary literature on free will, i.e., as the thesis that free will can exist even if determinism is true. Moreover, the conception of free will Gomes proposes actually has an incompatibilist commitment. I argue that, more than a mere terminological point, acknowledging the incompatibilist aspect of Gomes’ view motivates important questions about the details of the view and helps to reveal a limitation of his defense of the existence of free will. [Este artigo tem como tema o trabalho de Gilberto Gomes sobre o livre-arbítrio. Em uma série de contribuições que tiveram um impacto significativo na respectiva literatura, Gomes elaborou uma concepção sobre o livre-arbítrio e argumentou que sua existência é consistente com descobertas científicas recentes, especialmente na neurociência. Neste artigo, questiono uma afirmação de Gomes sobre sua concepção sobre o livre-arbítrio, a saber, que se trata de uma concepção compatibilista. Busco mostrar que Gomes não usa o termo ‘compatibilismo’ como é habitual na literatura contemporânea sobre o livre-arbítrio, isto é, como a tese segundo a qual o livre-arbítrio pode existir ainda que o determinismo seja verdadeiro. Ademais, a concepção sobre o livre-arbítrio desenvolvida por Gomes tem, efetivamente, um compromisso incompatibilista. Argumento que, mais do que uma mera elucidação terminológica, reconhecer o elemento incompatibilista presente na proposta de Gomes suscita questões importantes sobre os detalhes da proposta e também ajuda a reconhecer uma limitação de sua defesa da existência do livre-arbítrio.]. (shrink)

In this paper I develop a sketch of an overall theology that dispenses with “alternative-possibilities” freedom in favor of “actual-sequence” freedom. I hold that acting freely does not require freedom to do otherwise, and that acting freely is the freedom component of moral responsibility. Employing this analytical apparatus, I show how we can offer various important elements of a theology that employs only the notion of acting freely. I distinguish my approach from the important development of Open Theism by William (...) Hasker. My view about God’s foreknowledge is in-between comprehensive foreknowledge and no foreknowledge. (shrink)

Quaderns de filosofia V, 1 Número complet / Número completo / Full Issue.

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)

For those who maintain that free will is incompatible with causal determinism, a persistent problem is to give a coherent characterization of action that is neither determined by prior events nor random, arbitrary, lucky or in some way insufficiently under the control of the agent to count as free action. One approach—that of Roderick Chisholm and others—is to say that a third alternative is for an action to be caused by an agent in a way that is not reducible to (...) event causal terms. A different approach than the Chisholmian appeal to primitive substance causation is one that, instead, involves causal relations purely among events. This paper presents a particular event-causal indeterminist account of free action, describing both its attractions and recent objections to it, and then proposes a revised version, with the aim of supporting the plausibility of an event-causal indeterminist approach to free will. (shrink)

It is often alleged that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves a negative interpersonal response for that transgression, blaming responses such as resentment and indignation being paradigms. Aside from a few exceptions, guilt is cited in recent discussions of moral responsibility, if at all, as merely an effect of being blamed, or as a reliable indicator of moral responsibility, but not itself an explanation of moral responsibility. In this paper, (...) I argue that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves to feel moral guilt for that transgression. I argue that this alternative view offers all that the predominant blame-focused view offers, while also solving some puzzling features of moral responsibility. Specifically, it offers a compelling way to reconcile conflicting intuitions about the suberogatory, and allows those who do not understand what Darwall calls ‘second-personal’ reasons to be morally responsible for their immoral acts. (shrink)

Strawsonians about moral responsibility often claim that our practices of holding morally responsible fix the facts of moral responsibility, rather than the other way round. Many have argued that such ‘reversal’ claims have an unwelcome consequence: If our practices of holding morally responsible fix the facts of moral responsibility, does this not imply, absurdly, that if we held severely mentally ill people responsible, they would be responsible? We provide a new Strawsonian answer to this question, and we explore the relation (...) between reversal claims and (in)compatibilism. (shrink)

In a recent paper, Kristin Mickelson argues that Alfred Mele’s Zygote Argument, a popular argument for the claim that the truth of determinism would preclude free action or moral responsibility, is not valid. This sort of objection is meant to generalize to various manipulation arguments. According to Mickelson, the only way to make such arguments valid is to supplement them with an argument that is an inference to the best explanation. In this paper, I argue that there are two other (...) ways in which the proponent of such manipulation arguments can modify their argument, neither of which requires an inference to the best explanation. I then briefly consider and respond to a worry with one of these proposed solutions. (shrink)

As neuroscience progresses, we will not only gain a better understanding of how our brains work, but also a better understanding of how to modify them, and as a result, our mental states. An important question we are faced with is whether the state could be justified in implementing such methods on criminal offenders, without their consent, for the purposes of rehabilitation and reduction of recidivism; a practice that is already legal in some jurisdictions. By focusing on a prominent type (...) of view of free action, which I call bypassing views, this paper evaluates how such interventions may negatively impact the freedom of their subjects. The paper concludes that there will be a tension between the goals of rehabilitation and reduction of recidivism, on the one hand, and the negative impact such interventions may have on free action, on the other. Other things equal, the better that a particular intervention is at achieving the former, the more likely it is to result in the latter. (shrink)

Determinism is frequently understood as implying the possibility of perfect prediction. This possibility then functions as an assumption in the Manipulation Argument for the incompatibility of free will and determinism. Yet this assumption is mistaken. As a result, arguments that rely on it fail to show that determinism would rule out human free will. We explain why determinism does not imply the possibility of perfect prediction in any world with laws of nature like ours, since it would be impossible for (...) an agent to predict with certainty any future event that is causally influenced by events outside her own backward light cone yet inside the backward light cone of the future event. This is the _light-cone limit_ and it undermines the Manipulation Argument or limits what this argument can tell us about the relevance of determinism to free will. We also respond to objections that the light-cone limit is irrelevant to the Manipulation Argument. (shrink)

Do we have free will? Understanding free will as the ability to act freely, and free actions as exercises of this ability, I maintain that the default answer to this question is “yes.” I maintain that free actions are a natural kind, by relying on the influential idea that kinds are homeostatic property clusters. The resulting position builds on the view that agents are a natural kind and yields an attractive alternative to recent revisionist accounts of free action. My view (...) also overcomes difficulties confronted by previous views according to which free actions might be a natural kind. On my view, free actions exist and we often act freely, as long as we possess various features that are related in the right sorts of ways to each other and to the world. In turn, we acquire and retain the concept as long as most of us possess enough of those features. (shrink)

We use recent interventionist theories of causation to develop a compatibilist account of causal sourcehood, which provides a response to Manipulation Arguments for the incompatibility of free will and determinism. Our account explains the difference between manipulation and determinism, against the claim of Manipulation Arguments that there is no relevant difference. Interventionism allows us to see that causal determinism does not mean that variables outside of the agent causally explain her actions better than variables within the agent, whereas the causal (...) source of a manipulated agent’s actions instead lies outside of the agent in the intentions of the manipulator. As a result, determined agents can have free will and be morally responsible in a way that manipulated agents cannot, contrary to what Manipulation Arguments conclude. In this way, our account demonstrates not only how Manipulation Arguments fail but also how compatibilism can be strengthened by means of a plausible account of causal sourcehood. (shrink)

Scientific naturalism—the conception according to which the natural sciences, and possibly physics alone, set the limits of ontology and epistemology—is characterized by a strong monistic tendency. For this reason, all versions of scientific naturalism face the so-called “placement problem”, which concerns the features of the ordinary view of the world that, at least prima facie, do not fit into the scientific view of the world (think of consciousness, moral properties, free will, and intentionality). To address this problem, scientific naturalists use (...) three strategies: reductionism, eliminativism, and mysterianism—none of which, it is argued, produces satisfying results. Liberal naturalism opts instead for a pluralistic attitude in both ontology and epistemology but accepts a constraint according to which one should accept no entity or explanation that is incompatible with the scientific worldview. Liberal naturalism faces the “reconciliation problem”, which concerns the relationship between the scientific and the ordinary views of the world once one denies ontological and epistemological priority to either of them. Three strategies for addressing this problem are presented: according to the first, the ordinary worldview and the scientific world are categorically distinct; according to the second, the former emerges from the latter; according to the third, between them there is a relation of global supervenience. Other objections to liberal naturalism are finally presented and addressed. (shrink)

Technology could be used to improve morality but it could do so in different ways. Some technologies could augment and enhance moral behaviour externally by using external cues and signals to push and pull us towards morally appropriate behaviours. Other technologies could enhance moral behaviour internally by directly altering the way in which the brain captures and processes morally salient information or initiates moral action. The question is whether there is any reason to prefer one method over the other? In (...) this article, I argue that there is. Specifically, I argue that internal moral enhancement is likely to be preferable to external moral enhancement, when it comes to the legitimacy of political decision-making processes. In fact, I go further than this and argue that the increasingly dominant forms of external moral enhancement may already be posing a significant threat to political legitimacy, one that we should try to address. Consequently, research and development of internal moral enhancements should be prioritised as a political project. (shrink)

There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...) certain kinds of responsibility gap. The argument is based on the idea that human morality is often tragic. We frequently confront situations in which competing moral considerations pull in different directions and it is impossible to perfectly balance these considerations. This heightens the burden of responsibility associated with our choices. We cope with the tragedy of moral choice in different ways. Sometimes we delude ourselves into thinking the choices we make were not tragic ; sometimes we delegate the tragic choice to others ; sometimes we make the choice ourselves and bear the psychological consequences. Each of these strategies has its benefits and costs. One potential advantage of autonomous machines is that they enable a reduced cost form of delegation. However, we only gain the advantage of this reduced cost if we accept that some techno-responsibility gaps are virtuous. (shrink)

Hobart’s classic 1934 paper “Free Will as Involving Determination and Inconceivable Without It” has been widely cited as an example of an argument for the view that free will requires the truth of determinism. In this paper, I argue that this reading of Hobart’s paper is mistaken and that we should instead read Hobart as arguing that an agent exercises their free will only if the proximate causes of the agent’s action deterministically cause their action. After arguing that Hobart’s view, (...) rightly understood, escapes the problems typically raised for Hobart’s compatibilism, I also argue that Hobart’s view is problematic for different reasons. Nevertheless, I argue that there is a crucial insight to be gleaned from Hobart’s paper—one that provides compatibilists with a new recipe for challenging libertarian accounts of free will. (shrink)

In a series of recent papers, Justin Capes and Philip Swenson and Michael Robinson have proposed new versions of the flickers of freedom reply to Frankfurt-style cases. Both proposals claim, first, that what agents in FSCs are morally responsible for is performing a certain action on their own, and, second, that agents in FSCs retain robust alternative possibilities—alternatives in which the agent freely omits to perform the pertinent action on their own. In this paper, I argue that, by attending to (...) the details of the omissions in question, it becomes clear that agents in FSCs lack robust alternatives of this sort, for in the alternative sequences such agents do not freely omit. Since the problem for these recent proposals arises from their attempt to show that agents in FSCs retain robust alternatives, I go on to consider whether the flicker theorist might be better off either revising or rejecting the robustness requirement on alternative possibilities. I argue that neither alternative is available to the flicker theorist, and yet I also point out that the reasons why these alternatives are unavailable serve to highlight what exactly is at issue in the debate between leeway and sourcehood theorists, namely the grounds of our freedom. (shrink)

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have been (...) manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (shrink)

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

Perry Hendricks has recently argued that endorsing the divine hiddenness objection to the existence of God ‘eliminates’ or ‘does away with’ all de jure objections to theism. So, he says, anyone who endorses the divine hiddenness objection must ‘reject’ any de jure objection. ‘And this,’ he says, ‘means that the argument from divine hiddenness is costly for atheists’. However, although Hendricks's argument is an interesting one, it does not establish any of these things, at least on any natural understanding of (...) his claims. (shrink)

In recent years, direct brain interventions have shown increased success in manipulating neurobiological processes often associated with moral reasoning and decision-making. As current DBIs are refined, and new technologies are developed, the state will have an interest in administering DBIs to criminal offenders for rehabilitative purposes. However, it is generally assumed that the state is not justified in directly intruding in an offender’s brain without valid consent. Thomas Douglas challenges this view. The state already forces criminal offenders to go to (...) jail without their consent. This represents a serious interference with an offender’s rights. If criminal offenders are already morally liable to incarceration, why is the state not also entitled to administer DBIs without consent for the purposes of rehabilitation? Douglas argument focuses on the right to ‘bodily integrity’. He argues that there is no compelling reason to believe that bodily rights that protect an offender from non-consensual DBIs are stronger than rights that protect an offender from incarceration. This paper will extend Douglas’ analysis. It will consider the more fundamental right to ‘mental integrity’. The right to mental integrity defends an inner sphere of liberty. It protects critical capacities necessary for the exercise of autonomous human agency—without which a vast majority of moral rights could not exist. Thus, the right to mental integrity is ultimately more important for a moral assessment of DBIs. The right strongly suggests that both presently, and in the future, there may be many cases in which the state is not entitled to administer DBIs to criminal offenders without valid consent. (shrink)

The problem of free will is associated with a specific and significant kind of control over our actions, which is understood primarily in the sense that we have the freedom to do otherwise or the capacity for self‐determination. Is Buddhism compatible with such a conception of free will? The aim of this article is to address three critical issues concerning the free will problem: (1) what role should accounts of physical and neurobiological processes play in discussions of free will? (2) (...) Is a conception of mental autonomy grounded in practices of meditative cultivation compatible with the three cardinal Buddhist doctrines of momentariness, dependent arising, and no‐self? (3) Are there enough resources in Buddhism, given its antisubstantialist metaphysics, to account for personal agency, self‐control, and moral responsibility? (shrink)

I show that some famous arguments against moral responsibility — most notably, Galen Strawson’s Basic Argument and Susan Wolf’s Troubling Train of Thought — reason in an unnatural way: if a clearly has some property that results in our saying that a is F, and if b less clearly has that property, then it is the case that b is F. I argue that this problem is not present in reasons-responsiveness theories of responsibility. I do so by applying Boolos’s elegant (...) technique of generating spanning conditionals from universal instantiations of mathematical induction premises. (shrink)

In this paper I propose a form of free will fallibilism. Unlike the free will realist who is fully persuaded that we have sufficient evidence of freedom to justify holding individuals morally responsible for what they do and imposing punishment, and unlike the free will skeptic who is fully persuaded that we do not have enough evidence to believe that we face a future of open alternatives, the free will fallibilist will believe that we have enough evidence to justify a (...) belief in freedom for some purposes but not for others. Along the way I argue that deliberation-compatibilism of the sort recently defended by Pereboom is subject to a very familiar sort of counterexample. The question that concerns me the most is whether punishment—this brutal institution that disposes of the lives of countless of our most vulnerable citizens—can be justified. I think it cannot, precisely because there is not sufficient evidence that human beings are free to choose between branching alternatives and so deserve to be treated like that. At least, if there is such justifying evidence it is more or less completely balanced by evidence that all events including human actions have causes. Moreover, I find compatibilism utterly unpersuasive. At the same time, I believe that I am a free agent; what I do is in large part up to me. I believe that the explanation of action cannot be reduced to causal explanation, and I believe that the logic of action requires a notion of branching time. I have two pictures of the universe; which of the two pictures I may rely upon will depend upon just what it is that I intend to do. Between the problem that preoccupies me, punishment, and my day-to-day choices, there is a wide gap. There are a lot of choices that, on the axis of justification, fall in between the two, many of them choices about how to treat those around us: whether to snub a friend who has insulted me, whether to castigate her, whether to reward a kind act with praise. Where to draw the line is a topic for another paper. The only principle that right now seems to me firm enough to act upon is this: the greater the likelihood of doing harm, the less likely the choice is to be justified. (shrink)

In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...) evidence is simply not there. In this paper I make two parallel points against a quarantine theory of criminal justice. First, the free will skeptic who would justify universal criminal quarantine is also faced with a burden of proof, the burden to establish to a similarly high level that no human being ever acts freely. Second, there is not sufficient evidence for that conclusion either. I believe that the quandary that this creates for criminal justice can be resolved by distinguishing the methods associated with a particular approach from the approach itself: if our choice is between the methods of punishment and the methods of quarantine, the methods that constitute punishment are, I would argue, morally preferable to those that constitute quarantine. (shrink)

Harry Frankfurt Journal of Philosophy, 66, 829–39 famously attacked what he called the principle of alternate possibilities. PAP states that being able to do otherwise is necessary for moral responsibility. He gave counterexamples to PAP known since then as “Frankfurt cases.” This paper sidesteps the enormous literature on Frankfurt cases while preserving some of our salient pretheoretical intuitions about the relation between alternate possibilities and moral responsibility. In particular, I introduce, explain, and defend a principle that has so far been (...) overlooked, namely, “the principle of doxastic moral asymmetry” : a rational agent, S, is morally responsible for an action that S performed, E, only if, when S did E, S justifiably believed either that E was closer to S’s most praiseworthy alternate possibility than it was to S’s most blameworthy alternate possibility, or that E was closer to S’s most blameworthy alternate possibility than it was to S’s most praiseworthy alternate possibility. (shrink)

Following P. F. Strawson, a number of philosophers have argued that if hard incompatibilism is true, then its truth would undermine the justification or value of our relationships with other persons. In this paper, I offer a novel defense of this claim. In particular, I argue that if hard incompatibilism is true, we cannot make sense of: the possibility of promissory obligation, the significance of consent, or the pro tanto wrongness of paternalistic intervention. Because these practices and normative commitments are (...) central to our relationships as we currently conceive of them, it follows that hard incompatibilism has radically revisionary conclusions. (shrink)

In this paper I explore graded attributions of blameworthiness—that is, judgments of the general sort, "A is more blameworthy for x-ing than B is," or "A is less blameworthy for her character than B is." In so doing, I aim to provide a philosophical basis for the widespread, if not completely articulate, practice of altering the degree to which we hold others responsible on the basis of facts about them or facts about their environments. To vindicate this practice, I disambiguate (...) several related properties and identify the properties of being more blameworthy for an action with a complex set of relations between what an agent deserves for her action and how good it is from the point of view of desert that she receives that response. (shrink)

This paper defends a minimal desert thesis, according to which someone who is blameworthy for something deserves to feel guilty, to the right extent, at the right time, because of her culpability. The sentiment or emotion of guilt includes a thought that one is blameworthy for something as well as an unpleasant affect. Feeling guilty is not a matter of inflicting suffering on oneself, and it need not involve any thought that one deserves to suffer. The desert of a feeling (...) of guilt is a kind of moral propriety of that response, and it is a matter of justice. If the minimal desert thesis is correct, then it is in some respect good that one who is blameworthy feel guilty—there is some justice in that state of affairs. But if retributivism concerns the justification of punishment, the minimal desert thesis is not retributivist. Its plausibility nevertheless raises doubt about whether, as some have argued, there are senses of moral responsibility that are not desert-entailing. (shrink)

A growing number of philosophers now hold that agent causation is required for agency, or free will, or moral responsibility. To clarify what is at issue, this paper begins with a distinction between agent causation that is ontologically fundamental and agent causation that is reducible to or realized in causation by events or states. It is widely accepted that agency presents us with the latter; the view in question claims a need for the former. The paper then examines a “disappearing (...) agent” argument from Derk Pereboom that is aimed at showing that free will requires agent causation that is ontologically fundamental. It is argued that the argument fails. Further, it is argued that, contrary to Pereboom’s claim, the issue raised by his disappearing agent argument is distinct from the problem of present luck that libertarian theories of free will face. The paper concludes with an assessment of the prospects for success of a disappearing agent argument showing that agent causation that is ontologically fundamental is required for agency tout court. (shrink)

Several philosophers claim that the phenomenology of one’s own agency conflicts with standard causal theories of action, couched in terms of causation by mental events or states. Others say that the phenomenology is prima facie incompatible with such a theory, even if in the end a reconciliation can be worked out. Here it is argued that the type of action theory in question is consistent with what can plausibly be said to be presented to us in our experience of our (...) agency. Several routes to a claim that there is nevertheless a prima facie incompatibility are examined, and all are found wanting. The phenomenology of agency, it is argued, is no threat to a standard causal theory of action. (shrink)

A considerable body of evidence now documents, beyond reasonable doubt, biological and health risk factors for crime and violence. Nevertheless, intervention and prevention efforts with offenders have avoided biological interventions, in part due to past misuses of biological research and the challenges that biological predispositions to crime raise. This article reviews the empirical literature on two biological intervention approaches, omega-3 supplementation and transcranial direct current stimulation. Emerging research on these relatively benign interventions suggests that increased omega-3 intake through dietary intervention (...) and prefrontal upregulation using non-invasive brain stimulation may show some initial promise in reducing antisocial behavior. The ethical issues related to mandated and offered biological interventions within the criminal justice system are discussed. (shrink)

Philosophy Compass, Volume 17, Issue 2, February 2022.

Free will sceptics deny the existence of free will, that is the command or control necessary for moral responsibility. Epicureans allege that this denial is somehow self-defeating. To interpret the Epicurean allegation charitably, we must first realise that it is propositional attitudes like beliefs and not propositions themselves which can be self-defeating. So, believing in free will scepticism might be self- defeating. The charge becomes more plausible because, as Epicurus insightfully recognised,there is a strong connection between conduct and belief—and so (...) between thecontent of free will scepticism (since it is about conduct) and the attitude of believing it. Second, we must realise that an attitude can be self- defeating relative to certain grounds. This means that it might be self-defeating to be a free will sceptic on certain grounds, such as the putative fact that we lack leeway or sourcehood. This charge is much more interesting because of the epistemic importance of leeway and sourcehood. Ultimately, the Epicurean charge of self-defeat fails. Yet, it delivers important lessons to the sceptic. The most important of them is that free will sceptics should either accept the existence of leeway or reject the principle that ‘“ought” implies “can”’. (shrink)

If we lack deep free agency, like that supposed by metaphysical libertarianism, should we view life as meaningless, pointless, or not worth living? Here I present a new argument in support of meaning-compatibilism, or the view that life can indeed be meaningful without our having deep free agency. I show that this argument secures meaning-compatibilism more effectively than an argument provided by Derk Pereboom. In the process, we learn that Susan Wolf’s hybrid theory of meaning in life is not equipped (...) to handle the question of meaning-compatibilism, which a broader approach to meaning in life should help us to grasp. On the alternative approach I present, judgments about meaning in life involve a sensitivity to whether giving up on life, or “agency defeat”, is justified. I argue that, so long as we are able to exist in reality, giving up on life is difficult to justify, and even without deep free agency, we do indeed exist in reality. (shrink)