Human by Design invites you on a journey beyond Darwin's theory of evolution, beginning with the fact that we exist as we do, even more empowered, and more connected with ourselves and the world, than scientists have believed possible. In one of the great ironies of the modern world, the science that was expected to solve life's mysteries has done just the opposite. New discoveries have led to more unanswered questions, created deeper mysteries, and brought us to the brink of (...) forbidden territory when it comes to explaining our origin and existence. These discoveries reveal the following facts: Fact 1. Our origin--Modern humans appeared suddenly on earth approximately 200,000 years ago, with the advanced brain, nervous system, and capabilities that set them apart from all other known forms of life already developed, rather than having developed slowly and gradually over a long periods of time. Fact 2. Missing physical evidence--The relationships shown on the conventional tree of human evolution are speculative connections only. While they are believed to exist, a 150-year search has failed to produce the physical evidence that confirms the relationships shown on the evolutionary family tree. Fact 3. New DNA evidence--The comparison of DNA between ancient Neanderthals, previously thought to be our ancestors, and early humans tells us thatwe did not descend from the Neanderthals. Fact 4. A rare DNA fusion--Advanced genome analysis reveals that the DNA that sets us apart from other primates, including in our advanced brain and nervous system, is the result of an ancient and precise fusion of genes occurring in a way that suggests somethingbeyondevolution made our humanness possible. Fact 5. Our extraordinary abilities--We are born with the capacity to self-heal, to self-regulate longevity, to activate an enhanced immune response, and to experience deep intuition, sympathy, empathy, and, ultimately, compassion--and to do each of these on demand. In this book, New York Timesbest-selling author and 2017 Templeton Award nominee Gregg Braden crosses the traditional boundaries of science and spirituality to answer the timeless question at the core of our existence--Who are we?--and to reveal science-based techniques that awaken our uniquely human experiences of deep intuition, precognition, advanced states of self-healing, and much more! Beyond any reasonable doubt, Human by Design reveals that we're not what we've been told, and much more than we've ever imagined. (shrink)

Sustaining Loss explores the uncanny, traumatic weaving together of the living and the dead in art, and the morbid fascination it holds for modern philosophical aesthetics. Beginning with Kant, the author traces how aesthetic theory has been drawn back repeatedly to the moving power of the undead body of the work of art. He locates the most potent expressions of this philosophical compulsion in Hegel's thesis that art is a thing of the past, and in Freud's view that the work (...) of art is the haunting of the present by the endless suffering of what is dead but still has claims over the living. Sustaining Loss examines not only Kant, Hegel, and Freud, but also the contemporary artists Gerhard Richter and Ilya Kabakov, whose art turns fruitfully against art's own past. (shrink)

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

What place does consciousness have in the natural world? If we reject materialism, could there be a credible alternative? In one classic example, philosophers ask whether we can ever know what is it is like for bats to sense the world using sonar. It seems obvious to many that any amount of information about a bat's physical structure and information processing leaves us guessing about the central questions concerning the character of its experience. A Place for Consciousness begins with reflections (...) on the existence of this gap. Is it just a psychological shortcoming in our merely human understanding of the physical world? Is it a trivial consequence of the simple fact that we just cannot be bats? Or does it mean there really are facts about consciousness over and above the physical facts? If so, what does consciousness do? Why does it exist? Rosenberg sorts out these problems, especially those centering on the causal role of consciousness. He introduces a new paradigm called Liberal Naturalism for thinking about what causation is, about the natural world, and about how to create a detailed model to go along with the new paradigm. Arguing that experience is part of the categorical foundations of causality, he shows that within this new paradigm there is a place for something essentially like consciousness in all its traditional mysterious respects. A striking feature of Liberal Naturalism is that its central tenets are motivated independently of the mind-body problem, by analyzing causation itself. Because of this approach, when consciousness shows up in the picture it is not introduced in an ad hoc way, and its most puzzling features can be explained from first principles. Ultimately, Rosenberg's final solution gives consciousness a causally important role without supposing either that it is physical or that it interacts with the physical. (shrink)

In its original context Hawking was writing about the significance of physics for questions about God's existence and responsibility for creation. I am co-opting the sentiment for another purpose, though. As stated Hawking could equally be directing the question at concerns about the seemingly abstract information physics conveys about the world, and the full body of facts contained in the substance of the world. Would even a complete and adequate physics tell us all the general facts about the stuff the (...) world is made of? In this chapter I am going to argue that the answer is "no." I am also going to argue that the missing facts are like the kinds of facts we can use to cross the explanatory gap. I am going to argue, in short, that we have reasons to re-enchant matter that are independent of the mind-body problem. In a recent anthology on consciousness (1997) G. (shrink)

The convergence of libraries, archives, and museums into monolithic organizations has been framed as a retreat from "silos," or isolated, hierarchical institutions that are increasingly irrelevant in a networked age. The emerging prevalence of digital technology and mass digitization are also identified as primary motivators behind convergence. However, much of the literature on convergence is couched in business terminology that favors top-down management approaches and works to create non-democratic structures with more power in fewer hands, with many of the pro-convergence (...) arguments having little to no evidential support. Furthermore, many real-life examples of LAM convergence have been problematic and under-examined in the literature. This paper looks at LAM convergence from the perspective of working librarians, archivists, curators, and related staff and offers a re-evaluation and critique of convergence practices in Canada and abroad. The links between LAM convergence and the corporatization of the LAM sector within a broader context of free market ascendancy are also explored. (shrink)

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. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, 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, 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—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. (shrink)

Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free (...) will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior. (shrink)

Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...) and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility. (shrink)

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)

Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, an alternative (...) reaction is that free will does exist, we just have some deeply mistaken beliefs about it. According to Nichols, all such debates boil down to whether or not the erroneous folk term in question successfully refers or not. Since Nichols adopts the view that reference is systematically ambiguous, he maintains that in some contexts it’s appropriate to take a restrictivist view about whether a term embedded in a false theory refers, while in other contexts it’s appropriate to take a liberal view about whether a token of the very same term refers. This, according to Nichols, affords the possibility of saying that the sentence “free will exists” is false in some contexts and true in others. In this paper I argue that even if we grant Nichols his pluralistic approach to reference, there is still good reason to prefer eliminativism to preservationism with regard to free will. My argument focuses on one important difference between the concept of “free will” and other theoretical terms embedded in false theories—i.e., the role that the phenomenology of free agency plays in reference fixing. (shrink)

This article examines the relationship between artificial general intelligence and the image of God. After identifying various models that Christian theologians use to classify or define the imago Dei, particular attention will be given to the ‘created co-creator’ model. Scholars have interpreted this model in different ways, based on the nature of human creative action. This action is seen as either subordinate to divine creation action or the human creative action is truly cooperative with divine creative action. Whether AGI would (...) be made in the image of God in these models is then explored, highlighting the differences between humans as sub-creators versus humans as cooperative co-creators. If human creative action is cooperative, then the question arises as to whether AGI can be made in ‘the image of humanity’. Some elements of this image are explored, and then the discussion turns to whether AGI would be made in ‘the image of humanity’, and if so, could AGI still be made in the image of God?Contribution: The argument concludes by pointing to future work using the various models of imago Dei to help inform the relationship between humans and AGI by briefly mentioning two examples. (shrink)

This book argues two main things: The first is that there is no such thing as free will—at least not in the sense most ordinary folk take to be central or fundamental; the second is that the strong and pervasive belief in free will can be accounted for through a careful analysis of our phenomenology and a proper theoretical understanding of consciousness.

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)

Some thinkers argue that our best scientific theories about the world prove that free will is an illusion. Others disagree. The concept of free will is profoundly important to our self-understanding, our interpersonal relationships, and our moral and legal practices. If it turns out that no one is ever free and morally responsible, what would that mean for society, morality, meaning, and the law? Just Deserts brings together two philosophers – Daniel C. Dennett and Gregg D. Caruso – to (...) debate their respective views on free will, moral responsibility, and legal punishment. In three extended conversations, Dennett and Caruso present their arguments for and against the existence of free will and debate their implications. Dennett argues that the kind of free will required for moral responsibility is compatible with determinism – for him, self-control is key; we are not responsible for becoming responsible, but are responsible for staying responsible, for keeping would-be puppeteers at bay. Caruso takes the opposite view, arguing that who we are and what we do is ultimately the result of factors beyond our control, and because of this we are never morally responsible for our actions in the sense that would make us truly deserving of blame and praise, punishment and reward. These two leading thinkers introduce the concepts central to the debate about free will and moral responsibility by way of an entertaining, rigorous and sometimes heated philosophical dialogue. What emerges is a clear account of the latest thinking on free will, and what is at stake for our moral and legal practices. (shrink)

The current essay introduces the guidance theory of representation, according to which the content and intentionality of representations can be accounted for in terms of the way they provide guidance for action. The guidance theory offers a way of fixing representational content that gives the causal and evolutionary history of the subject only an indirect role, and an account of representational error, based on failure of action, that does not rely on any such notions as proper functions, ideal conditions, or (...) normal circumstances. Moreover, because the notion of error is defined in terms of failure of action, the guidance theory meets the “meta-epistemological requirement” that representational error should be potentially detectable by the representing system itself. In this essay, we offer a brief account of the biological origins of representation, a formal characterization of the guidance theory, some examples of its use, and show how the guidance theory handles some traditional problem cases for representation: the representation of fictional and abstract entities. Being both representational and actiongrounded, the guidance theory may provide some common ground between embodied and cognitivist approaches to the study of the mind. (shrink)

The author proposes an in-class Rawls game to help teach Rawls’ idea of the veil of ignorance. This game is contrasted to another Rawls game (developed by Ronald M. Green) which emphasizes the importance of reaching an impartial unanimous decision. Unlike Green’s game, the game detailed in this paper illustrates Rawls’ justification for the veil of ignorance by showing how one’s natural assets and initial starting point in society are undeserved and arbitrary from a moral point of view. The lessons (...) delivered by each game are contrasted and the author argues for their complementarity. (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)

Perhaps no one has written more extensively, more deeply, and more insightfully about determinism and freedom than Ted Honderich. His influence and legacy with regard to the problem of free will—or the determinism problem, as he prefers to frame it—looms large. In these comments I would like to focus on three main aspects of Honderich ’s work: his defense of determinism and its consequences for origination and moral responsibility; his concern that the truth of determinism threatens and restricts, but does (...) not eliminate, our life-hopes; and his attack on the traditional justifications for punishment. In many ways, I see my own defense of free will skepticism as the natural successor to Honderich ’s work. There are, however, some small differences between us. My goal in this paper is to clarify our areas of agreement and disagreement and to acknowledge my enormous debt to Ted. If I can also move him toward my own more optimistic brand of free will skepticism that would be great too. (shrink)

Debate on free will with Christian List, Gregg Caruso, and Cory Clark. The exchange is focused on Christian List's book Why Free Will Is Real.

In lieu of an abstract, here is a brief excerpt of the content:Epigram into Lyric: Francis Bacon Translates from the Greek Anthology GORDON BRADEN If sir francis bacon did not exactly invent modern science and technology, he did predict it, with remarkable accuracy. The unfinished project of which the writings of his later years were to be component parts is a reformation of the life of the human mind from the ground up—“a complete Instauration of the arts and sciences (...) and all the learning of mankind, raised upon proper foundations ”1—and the most (arguably the only) successful such plan ever drafted. It foresaw both the previously unimaginable worldly triumph of the human race over nature in the centuries that followed and the intellectual means by which that triumph was to be achieved. He also wrote poetry. It is no surprise that someone of his time and place and station should have done so, and its existence is not in itself remarkable. Not much of it has survived, and we have no particular reason to think there was more; and, despite the extensive scholarly and critical scrutiny that Bacon’s work has received, very little attention has been given to this part of it. Still, one poem has achieved something of an afterlife and is worth attention, especially alongside the triumphalism of Bacon’s Magna Instauratio. It concerns hopelessness. Serious attention has been given to Bacon’s remarks on literature and the imagination, including his proposal, amid all his other plans, for what he calls “literary history” (historia literarum).2 But his poems are a different matter. They can be found in the great 19th-century edition of Bacon’s collected works, tucked in between his Prayers and his Christian Paradoxes.3 Most of the poems are from a small volume of psalm translations published under his own name the year before arion 27.1 spring/summer 2019 his death; these are now available in one of the published volumes of the new Oxford edition of Bacon’s works.4 There is also 12-line poem in hexameter couplets that begins sounding like a translation of Horace’s Integer vitae but goes on to be a fairly straightforward completion of its opening thesis and never gets around to sweetly laughing, sweetly speaking Lalage; a manuscript in the British Library attributes it to Bacon, though it is also printed in two of Thomas Campion’s books of airs as if it were one of his.5 My own interest is in the one remaining poem, a 32-line translation of a 10-line poem from the Greek Anthology (9.359 in the Palatine Anthology, though known in Bacon’s time from the Planudean). It first appears in print in 1626, anonymously, as “Certaine verses concerning the present estate of Man,” appended with other “characters, and many other witty conceits ” to an edition of Thomas Overbury’s poem “A Wife.”6 Three years later the classical scholar Thomas Farnaby prints it with an ascription to Bacon in a selection of poems from the Greek Anthology, along with the original text of the Greek poem, a Latin translation of it, and the editor’s facing translation of Bacon’s poem back into Greek.7 Bacon’s poem can also be found, both complete and in fragmentary form, in quite a few manuscripts, which are being collated for the first time for The Oxford Francis Bacon, though the editors have not yet decided where to put it. Isolated citations and quotations of the poem occur over the next several centuries; Francis Turner Palgrave includes it in his much-reprinted Golden Treasury, with the title “Life.”8 But there has been little discussion of the poem. It is the subject of an excellent scholarly article by Herbert Grierson, but that was over a hundred years ago.9 Paul Fussell has some sharp observations on Bacon’s use of his stanza form, but they fit onto a single page.10 Other comment is mostly incidental. I want to gather and slightly enhance what has been learned or said about the poem, and explore why it has snagged my interest. The Greek original is variously attributed; the most commonly mentioned name is Posidippus, probably the Mace50 epigram into... (shrink)

The Meaning Circuit Hypothesis (MCH) is a synthesis of ideas providing John Wheeler’s outline of ultimate physics, which he fine-tuned over several decades from the 1970s onward. It is a ‘working hypothesis’ in which ‘existence is a ‘meaning circuit”’ that portrays the world as a “system self-synthesized by quantum networking.” It was strongly advocated by him for roughly two decades and since then has had an increasingly strong impact on the approach of many investigators of quantum theory; in particular, elements (...) such as the quantum participator and ‘it from bit’ are now considered by others as candidate components of a foundation for quantum theory in which information is involved essentially. Therefore, it is worthy of review and critique. (shrink)

Can we be held morally responsible for our actions? Yes, says Daniel Dennett. No, says Gregg Caruso. Reader, you decide.

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)

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

Neurolaw is an area of interdisciplinary research on the meaning and implications of neuroscience for the law and legal practices. This Element addresses the potential contributions of neuroscience, and the brain sciences more generally, to criminal justice decision-making and policy. It distinguishes between three different areas and domains of investigation in neurolaw: assessment, intervention, and revision. The first concerns brain-based assessments, which may be used for predicting future violence, lie detection, judging legal insanity, and the like. The second concerns potential (...) treatments and other interventions that aim at rehabilitating criminals and/or preventing crime before it occurs. The third investigates the ways that neuroscience may impact the law by changing or revising commonsense views about human nature and the causes of human action. (shrink)

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it is unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws (...) on the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, but it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)