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)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

The paper argues that it is a mistake to interpret Thomas Reid as holding a libertarian notion of freedom, and to make use of Reid to argue in support of a libertarian position. More precisely, this paper shows that Reid’s theory of agent-causation may not be what these philosophers take it to be, once such crucial notions as agent-causation and active power in Reid’s theory of free agency have been fully explicated. Reid is more committed to accepting the view of (...) freedom as rational self-control over the determination of the will than a contracausal view of freedom. (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)

How can hard determinism deal with the need to punish, when coupled with the obligation to be just? I argue that even though hard determinists might find it morally permissible to incarcerate wrongdoers apart from lawful society, they are committed to the punishment’s taking a very different form from common practice in contemporary Western societies. Hard determinists are in fact committed to what I will call funishment, instead of punishment. But, by its nature funishment is a practical reductio of hard (...) determinism: it makes implementing hard determinism impossible to contemplate. Indeed, the social practices that hard determinism requires turn out to be morally bad even according to hard determinism itself. I conclude by briefly reflecting upon the implications. (shrink)

In Part I, I reflect in some detail upon the free will problem and about the way its understanding has radically changed. First I outline the four questions that go into making the free will problem. Second, I consider four paradigmatic shifts that have occurred in our understanding of this problem. Then I go on to reflect upon this complex and multi-level situation. In Part II of this essay, I explore the major alternative positions, and defend my views, in new (...) ways. Instead of trying to spread over many issues, I present one new argument against compatibilism, which I call “The Trap”. This tries to explicate the main problem that I find with this position. Then I present an exposition of what we nevertheless need to follow, which I call “the Appreciation of Agency”. This supports a measure of compatibilism in a more modest form, and opposes hard determinism. On this basis, we can confront the philosophical and practical questions, as to what we ought to believe and how we ought to live, with respect to free will and moral responsibility. This leads to what I call “The Bubble,” which addresses the way in which we deal with the tension between the absence of libertarian free will and The Trap, and the crucial need for the Appreciation of Agency. I conclude by reflecting upon three attributes of the free will problem that I consider central, but that have been neglected in the debate: complexity, risk and tragedy. (shrink)

I present an analogy between analytic philosophy and a particular sort of computer game, and analyze some aspects of John Martin Fischer's My Way in the light of this analogy. I set out the different levels of the free will question, and explore how well Fischer does on them. On the compatibility level, he succeeds, in my view, in confronting the "metaphysical challenge" and the "manipulation challenge", but does less well with the "moral arbitrariness challenge". The compatibilist perspective captures only (...) part of the moral and personal truth on the compatibility issue, and is shown to be inherently shallow. On the next levels we see that Fischer confronts particular dangers: the very virtues that make his minimalist position so resilient on the second level, render it too impoverished when it comes to the third, which asks about the very importance of taking moral responsibility seriously. Connecting to other positions may be an imperative, but would also be risky. Likewise, on the fourth level, where we confront the difficulty of deciding how to deal with the previous conclusions, it is doubtful how well Fischer can do, given his previous philosophical commitments. (shrink)

I present an analogy between analytic philosophy and a particular sort of computer game, and analyze some aspects of John Martin Fischer's My Way in the light of this analogy. I set out the different levels of the free will question, and explore how well Fischer does on them. On the compatibility level, he succeeds, in my view, in confronting the "metaphysical challenge" and the "manipulation challenge", but does less well with the "moral arbitrariness challenge". The compatibilist perspective captures only (...) part of the moral and personal truth on the compatibility issue, and is shown to be inherently shallow. On the next levels we see that Fischer confronts particular dangers: the very virtues that make his minimalist position so resilient on the second (compatibility) level, render it too impoverished when it comes to the third, which asks about the very importance of taking moral responsibility seriously. Connecting to other positions (such as P.F. Strawson's version of naturalism) may be an imperative, but would also be risky. Likewise, on the fourth level, where we confront the difficulty of deciding how to deal with the previous conclusions, it is doubtful how well Fischer can do, given his previous philosophical commitments. (shrink)

Derk Pereboom disagrees with P.F. Strawson that abandoning the reactive attitudes associated with praise and blame would come at the price of exiting our personal relationships. According to Pereboom, we can contain or modify our attitudes in ways that preserve, and perhaps even enrich interpersonal relationships. In a recent article, Seth Shabo defends “the inseparability thesis” in order to undermine Pereboom’s containment policy. Drawing on David Goldman’s work on non-antagonistic responses to wrongdoing, we defend Pereboom from Shabo’s critique.

In this article I consider when the question of whether entities exist subjectively (only in the minds of subjects) or objectively (in themselves, independently of the minds of subjects) is important, both theoretically and practically. I argue that when it comes to the metaphysics underlying three types of moral questions, broadly conceived, the subjectivity question does not matter practically, although it is widely thought to matter. Subjectivism does not matter in these moral questions in the same way(s) it matters in (...) some nonmoral metaphysical issues. The moral questions I consider are the meaning of life, normative ethics, and the free‐will problem. The nonmoral issues I address are the existence of God, the traditional mind/body problem, and personal identity. I explain the difference by noting that certain metaphysical issues on the fact side of the fact/value distinction impinge on persons' lives more prominently than do the metaphysics behind the three moral questions. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

From the first time I encountered the problem of free will in college, it struck me that a clear-eyed view of free will and moral responsibility demanded some form of nihilism. Libertarianism seemed delusional, and compatibilism seemed in bad faith. Hence I threw my lot in with philosophers like Paul d’Holbach, Galen Strawson, and Derk Pereboom who conclude that no one is truly moral responsible. But after two decades of self- identifying as a nihilist, it occurred to me that I (...) had continued to treat my friends. (shrink)

In a recent book, The Problem of the Soul, Owen Flanagan discusses the Cartesian, or agent causation, view of free will. According to this view, when a person acts of his own free will his action is not caused by antecedent events but is caused by the agent himself, and in acting the agent acts as an uncaused cause. Flanagan argues at length that this view is false. In this article, I defend the agent causation view against Flanagan’s criticisms and (...) I go on to critically address his own ‘neo-compatibilist’ alternative to the agent causation view. In doing so, I hope to exhibit some common misconceptions about the nature of the agent causation view and to show that this is a view that deserves more serious consideration. (shrink)

Libertarians like Robert Kane believe that indeterminism is necessaryfor free will. They think this in part because they hold both (1) thatmy being the ultimate cause of at least part of myself is necessary forfree will and (2) that indeterminism is necessary for this ``ultimateself-causation''. But seductive and intuitive as this ``USCLibertarianism'' may sound, it is untenable. In the end, nometaphysically coherent (not to mention empirically valid) conception ofultimate self-causation is available. So the basic intuition motivatingthe USC Libertarian is ultimately (...) impossible to fulfill. (shrink)

Nichols’ Bound presents interesting new angles on traditional debates about free will and moral responsibility, relating them to the latest empirical research in psychology, social sciences and experimental philosophy. In experimental philosophy, he cites numerous recent studies showing that there are strong incompatibilist strands in folk intuitions about free will and responsibility, taking issue with other recent studies claiming that folk intuitions are predominantly compatibilist. But he also argues that incompatibilist folk intuitions are based on faulty reasoning and cannot be (...) realized. We are left with a choice between an eliminativism about free will and moral responsibility or revising ordinary beliefs and practices in a compatibilist direction. Though Nichols sees problems with both these positions, he ultimately opts for the latter. Despite agreeing with Nichols on many points, I argue in this paper that he takes the libertarian view of free will off the table too precipitously, leaving us with too narrow a choice of options. I argue that we can make sense of an incompatibilist view of free will and responsibility without reducing it to mere chance or mystery and that it remains an open scientific question whether we can have such a free will. (shrink)

In recent years, philosophers and psychologists have resurrected a debate at the intersection of metaphysics and moral psychology. The central question is whether we can conceive of moral agents as deterministic systems unfolding predictably and inevitably under constant laws without psychologically damaging the pro-social attitudes and moral emotions that grease the wheels of social life. These concerns are sparked by recent experiments documenting a decline in the ethical behavior of participants primed with deterministic metaphysics. But this literature has done little (...) to sway most contemporary philosophers who have instead emphasized determinism's positive social impact in motivating more compassionate responses to social deviance. This article presents the case for a middle position. It argues that the ?deterministic conception of human action? (the DCA) is likely to have a dual impact on human moral psychology. On one hand, the DCA is likely to mollify one of our species? least admirable tendencies involving retributive moral anger, while concomitantly exacerbating one of our worst, namely our tendency toward moral apathy. This article begins with an overview of this emerging interdisciplinary debate, offers the evidence for a middle position, and concludes with suggestions for mitigating the negative social impact of deterministic metaphysics. (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)

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)

Adopting meta‐level Free Will Subjectivism is one among several ways to maintain that persons never experience moral freedom in their choices. The other ways of arguing against moral freedom I consider are presented by Saul Smilansky, Ted Honderich, Bruce Waller, Galen Strawson, and Derk Pereboom. In this paper, without arguing for the acceptance of free will subjectivism, I argue that subjectivism has some moral and theoretical advantages over its kindred theories.

The problem known as Buridan’s Ass says that a hungry donkey equipoised between two identical bales of hay will starve to death. Indecision kills the ass. Some philosophers worry about human analogs. Computer scientists since the 1960s have known about the computer versions of such cases. From what Leslie Lamport calls ‘Buridan’s Principle’—a discrete decision based on a continuous range of input-values cannot be made in a bounded time—it follows that the possibilities for human analogs of Buridan’s Ass are far (...) more wide-ranging and securely provable than has been acknowledged in philosophy. We are never necessarily decisive. This is mathematically provable. I explore four consequences: first, increased interest of the literature’s solutions to Buridan’s Ass; second, a new asymmetry between responsibility for omissions and responsibility for actions; third, clarification of the standard account of akrasia; and, fourth, clarification of the role of credences in normative decision-theory. (shrink)

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)

If determinism is a threat to freedom, that threat derives solely from its alleged eradication of power. The source incompatibilist mistakenly supposes that special views about the self are required to insure that we are the ultimate source of and in control of our decisions and actions. Source incompatibilism fails whether it takes the form of Robert Kane’s event-causal libertarianism or the various agent-causal varieties defended by Derk Pereboom and Randolph Clarke. It is argued that the sort of control free (...) agents need to possess and exercise can be secured without metaphysical excess. If there is a free will problem, it is the one G. E. Moore addressed in 1912. He concluded that persons can act otherwise in a deterministic world. We should continue to try to figure out whether he was right or wrong. (shrink)

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)

The goal of this paper is to suggest that theoretical thinking with respect to metaphysical determinations or indeterminations is not the appropriate realm for attributing moral responsibility. On the contrary, judgments that attribute moral responsibility (S is responsible for...) depend on the possibility that a rational narrative be built. Agents are capable of forging their future actions, as well as of reflecting upon past actions. With this it will also be shown how we assume control of our behavior because we (...) ignore whether actions are the result of causality or chance. It is claimed that contexts determine the degree of causal demand in narratives that attribute moral responsibility. In order to construct this type of narrative one must focus on a specific link in the causal chain of explanations. If context alone is not demanding enough so as to require that theoretical reflections strive for the ultimate foundation of our actions, then the agent may be considered responsible for his behavior. (shrink)