A paradigmatic experience of agency is the felt effort associated with the act of making a difficult choice. The challenge of accounting for this experience within a compatibilist framework has been called ‘the agency problem of compatibilism’ (Vierkant, 2022, The Tinkering Mind: Agency, Cognition and the Extended Mind, Oxford University Press, 116). In this paper, I will propose an evolutionarily plausible, actional account of deciding which explains the phenomenology. In summary: The act of making a difficult choice is triggered by (...) a metacognitive decision to intentionally stop deliberating, despite ongoing uncertainty. This decision is the output of a metacognitive cost–benefit computation, which weighs the value of uncertainty reduction against the costs of ongoing deliberation. Strikingly, contemporary theories of effort suggest that this cost–benefit computation is also the source of the feeling of mental effort, which tracks the costs of that decision. If this account is correct, the agency problem of compatibilism has been solved. The act of making a difficult choice and the associated paradigmatic experience of agency, felt effort, both follow from the metacognitive evaluation. Implications are explored. (shrink)

Connecting human minds to various technological devices and applications through brain-computer interfaces (BCIs) affords intriguingly novel ways for humans to engage and interact with the world. Not only do BCIs play an important role in restorative medicine, they are also increasingly used outside of medical or therapeutic contexts (e.g., gaming or mental state monitoring). A striking peculiarity of BCI technology is that the kind of actions it enables seems to differ from paradigmatic human actions, because, effects in the world are (...) brought about by devices such as robotic arms, prosthesis, or other machines, and their execution runs through a computer directed by brain signals. In contrast to usual forms of action, the sequence does not need to involve bodily or muscle movements at all. A motionless body, the epitome of inaction, might be acting. How do theories of action relate to such BCI-mediated forms of changing the world? We wish to explore this question through the lenses of three perspectives on agency: subjective experience of agency, philosophical action theory, and legal concepts of action. Our analysis pursues three aims: First, we shall discuss whether and which BCI-mediated events qualify as actions, according to the main concepts of action in philosophy and law. Secondly, en passant, we wish to highlight the ten most interesting novelties or peculiarities of BCI-mediated movements. Thirdly, we seek to explore whether these novel forms of movement may have consequences for concepts of agency. More concretely, we think that convincing assessments of BCI-movements require more fine-grained accounts of agency and a distinction between various forms of control during movements. In addition, we show that the disembodied nature of BCI-mediated events causes troubles for the standard legal account of actions as bodily movements. In an exchange with views from philosophy, we wish to propose that the law ought to reform its concept of action to include some, but not all, BCI-mediated events and sketch some of the wider implications this may have, especially for the venerable legal idea of the right to freedom of thought. In this regard, BCIs are an example of the way in which technological access to yet largely sealed-off domains of the person may necessitate adjusting normative boundaries between the personal and the social sphere. (shrink)