Abilities

My general worry is that none of Schellenberg’s arguments against naive realism, generalism, and Russellian representationalism are successful. Thus her attempt at ruling these views out fails. Her main arguments rely on a shared premise whose plausibility, in the absence of an appropriate theory of particulars, is hard to assess (§2.1). Apart from that, these arguments rely on an under-specified notion of ‘constitution’; there seems to be no sense of the term that makes all the premises of her major arguments (...) true without trivializing their conclusions (§2.2). It also seems to me that the same challenges that Schellenberg raises for her Russellian opponents, or similar problems, arise for her own view (§3). Finally, Schellenberg believes that an advantage of her view is that it entails the possibility of seeing an object without seeing it as being a certain way. In §4, I argue that she fails to justify this position. (shrink)

Paternalism is widely viewed as presumptively justifiable for children but morally problematic for adults. The standard explanation for this distinction is that children lack capacities relevant to the justifiability of paternalism. I argue that this explanation is more difficult to defend than typically assumed. If paternalism is often justified when needed to keep children safe from the negative consequences of their poor choices, then when adults make choices leading to the same negative consequences, what makes paternalism less justified? It seems (...) true that ordinary adults have capacities enabling them to promote their interests in ways most children lack. This can explain why paternalism is more often justified towards children than adults. What is not explained, however, is why paternalism would be justifiable for children, but not adults, when neither possess the relevant interest-promoting capacities—exactly the cases when paternalism towards adults might be considered. I argue that this dilemma undercuts capacities-based explanations for the belief that childhood is distinctively relevant for the permissibility of paternalism. I then address defenses of both consequentialist and deontological versions of the capacities-based explanation. Absent this capacities-based explanation, I argue that the intuition that less demanding justificatory standards apply to paternalism when directed at children than when directed towards adults presents unresolved problems for egalitarians. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the (...) capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (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)

Recently, John Maier has developed a unified account of various agentive modalities. According to him, however, adopting the account provides an alternative framework for thinking about free will and moral responsibility, one that reveals an unacceptable instability in semicompatibilism. In this paper, I argue that Maier is mistaken about the implications of his account and sketch a semicompatibilist proposal that can, without countenancing any instability, accept Maier’s unified account of the agentive modalities.

In this paper, I argue that it is open to semicompatibilists to maintain that no ability to do otherwise is required for moral responsibility. This is significant for two reasons. First, it undermines Christopher Evan Franklin’s recent claim that everyone thinks that an ability to do otherwise is necessary for free will and moral responsibility. Second, it reveals an important difference between John Martin Fischer’s semicompatibilism and Kadri Vihvelin’s version of classical compatibilism, which shows that the dispute between them is (...) not merely a verbal dispute. Along the way, I give special attention to the notion of general abilities, and, though I defend the distinctiveness of Fischer’s semicompatibilism against the verbal dispute charge, I also use the discussion of the nature of general abilities to argue for the falsity of a certain claim that Fischer and coauthor Mark Ravizza have made about their account. (shrink)

This paper explores the prospects for dispositional accounts of abilities. According to so-called new dispositionalists, an agent has the ability to Φ iff they have a disposition to Φ when trying to Φ. We show that the new dispositionalism is beset by some problems that also beset its predecessor, the conditional analysis of abilities, and bring up some further problems. We then turn to a different approach, which links abilities not to motivational states but to the notion of success, and (...) consider ways of implementing that approach. Our results suggest that there are principled disanalogies between abilities and disposition which prevent any dispositional account of abilities from succeeding. (shrink)

Abilities are in many ways central to what being an agent means, and they are appealed to in philosophical accounts of a great many different phenomena. It is often assumed that abilities are some kind of dispositional property, but it is rarely made explicit exactly which dispositional properties are our abilities. Two recent debates provide two different answers to that question: the new dispositionalism in the debate about free will, and virtue reliabilism in epistemology. This paper argues that both answers (...) fail as general accounts of abilities, and discusses the ramifications of this result. (shrink)

According to one prominent view of exercising abilities (e.g., Millar 2009), a subject, S, counts as exercising an ability to ϕ if and only if S successfully ϕs. Such an ‘exercise-success’ thesis looks initially very plausible for abilities, perhaps even obviously or analytically true. In this paper, however, I will be defending the position that one can in fact exercise an ability to do one thing by doing some entirely distinct thing, and in doing so I’ll highlight various reasons (epistemological, (...) metaphysical and linguistic) that favor the alternative approach I develop over views that hold that the exercise of an ability is a success notion in the sense Millar maintains. (shrink)

This is an introduction to the debate about Know-how.

It is a commonplace in philosophy of action that there is and must be teleologically basic action: something done on an occasion without doing it by means of doing anything else. It is widely believed that basic actions are exercises of skill. As the source of the need for basic action is the structure of practical reasoning, this yields a conception of skill and practical reasoning as complementary but mutually exclusive. On this view, practical reasoning and complex intentional action depend (...) on skill and basic action, but the latter pair are not themselves rationally structured: the movements a basic action comprises are not intentional actions, and they are not structured as means to an end. However, Michael Thompson and Douglas Lavin have argued that action that bears no inner rational structure is not intentional action at all, and that therefore there can be no such thing as basic action. In this paper, I argue that their critique shows that standard conceptions of basic action are indeed untenable, but not that we can do without an alternative. I develop an alternative conception of skill and basic action on which their basicness is not to be equated with simplicity: like deliberation and non-basic action, they are teleologically complex, but their complexity takes a different form. On this view, skill contrasts with deliberation—not because it is not a manifestation of practical reason, but because the two are specifically different manifestations of practical reason. (shrink)

Christopher Franklin argues that, despite appearances, everyone thinks that the ability to do otherwise is required for free will and moral responsibility. Moreover, he says that the way to decide which ability to do otherwise is required will involve settling the nature of moral responsibility. In this paper I highlight one point on which those usually called leeway theorists - i.e. those who accept the need for alternatives - agree, in contradistinction to those who deny that the ability to do (...) otherwise is needed for free will. And I explain why it falsifies both of Franklin’s claims. (shrink)

Jack Spencer has recently argued for the striking thesis that, possibly, an agent is able to do the impossible—that is, perform an action that is metaphysically impossible for that person to perform. Spencer bases his argument on (Simple G), a case in which it is impossible for an agent G to perform some action but, according to Spencer, G is still intuitively able to perform that action. I reply that we would have to give up at least four action-theoretical principles (...) if we accept that G is able to do the impossible. We may be best off retaining the principles and thus rejecting Spencer's intuition that G is able to do the impossible. I then consider an argument for the claim that G is able to do the impossible that goes through the Snapshot Principle. I, however, deny that any true variant of the Snapshot Principle shows that G is able to do the impossible. Moreover, the counterexample to the Snapshot Principle that I develop also suggests that G is unable to do the impossible in (Simple G). The most natural explanation for why an agent is unable to perform some action in this counterexample extends to (Simple G). Next, I develop three error theories for why we might initially share Spencer's intuition that G is able to do the impossible in (Simple G). Finally, I consider a couple other "G-cases" of Spencer's and find them all wanting. Perhaps we are unable to do the impossible. (shrink)

This paper examines the view of abilities to act advanced by Kadri Vihvelin in Causes, Laws, and Free Will. Vihvelin argues that (i) abilities of an important kind are “structurally” like dispositions such as fragility; (ii) ascriptions of dispositions can be analyzed in terms of counterfactual conditionals; (iii) ascriptions of abilities of the kind in question can be analyzed similarly; and (iv) we have the free will we think we have by having abilities of this kind and being in circumstances (...) that are propitious for their exercise. I raise doubt about each of these claims. Further, I argue that even if abilities of the kind in question are dispositions, and even if determinism is compatible with our commonly having unexercised abilities of this kind, the compatibility of determinism and free will remains in question. (shrink)

This is a précis of my book "Know-how as Competence. A Rylean Responsibilist Account".

This paper responds to comments and criticisms by Stefan Brandt and Eva-Maria Jung, directed at the book "Know-how as Competence. A Rylean Responsibilist Account".

Recent experimental studies dispute the position that commonsense morality accepts ‘Ought’ Implies ‘Can’, the view that, necessarily, if an agent ought to perform some action, then she can perform that action. This paper considers and supports explanations for the results of these studies on the hypothesis that OIC is intuitive and true.

What does it mean to know how to do something? This book develops a comprehensive account of know-how, a crucial epistemic goal for all who care about getting things right, not only with respect to the facts, but also with respect to practice. It proposes a novel interpretation of the seminal work of Gilbert Ryle, according to which know-how is a competence, a complex ability to do well in an activity in virtue of guidance by an understanding of what it (...) takes to do so. This idea is developed into a full-fledged account, Rylean responsibilism, which understands know-how in terms of the normative guidance and responsible control of one's acts. Within the complex current debate about know-how, this view occupies a middle ground position between the intellectualist claim that know-how just is propositional or objectual knowledge and the anti-intellectualist claim that know-how just is ability. In genuine know-how, practical ability and guiding intellect are both necessary, but essentially intertwined. (shrink)

This paper offers a novel interpretation of Descartes's conception of freedom that resolves an important tension at the heart of his view. It does so by appealing to the important but overlooked distinction between possessing a power, exercising a power, and being in a position to exercise a power.

I argue that free will and determinism are compatible, even when we take free will to require the ability to do otherwise and even when we interpret that ability modally, as the possibility of doing otherwise, and not just conditionally or dispositionally. My argument draws on a distinction between physical and agential possibility. Although in a deterministic world only one future sequence of events is physically possible for each state of the world, the more coarsely defined state of an agent (...) and his or her environment can be consistent with more than one such sequence, and thus different actions can be “agentially possible”. The agential perspective is supported by our best theories of human behaviour, and so we should take it at face value when we refer to what an agent can and cannot do. On the picture I defend, free will is not a physical phenomenon, but a higher-level one on a par with other higher-level phenomena such as agency and intentionality. (shrink)

The conditional analysis of ability faces familiar counterexamples involving cases of volitional incapacity. An interesting response to the problem of volitional incapacity is to try to explain away the responses elicited by such counterexamples by distinguishing between what we are able to do and what we are able to bring ourselves to do. We argue that this error-theoretic response fails. Either it succeeds in solving the problem of volitional incapacity at the cost of making the conditional analysis vulnerable to obvious (...) counterexamples to its necessity. Or, it avoids the counterexamples to its necessity but fails to solve the problem of volitional incapacity. (shrink)

This thesis is an investigation into the nature of those abilities that are relevant to free will when the latter is understood as requiring the ability to do otherwise. I assume from the outset the traditional and intuitive picture that being able to do otherwise bestows a significant kind of control on an agent and I ask what kinds of ability are implicated in such control. In chapter 1 I assess the simple conditional analysis of the sense of ‘can’ relevant (...) to free will, and I agree with the consensus that this analysis fails. In chapter 2 I consider Kadri Vihvelin’s contemporary version of the conditional account, which is cast in terms of dispositions. I develop, via engagement with Vihvelin’s view, an account of how modal properties such as dispositions and abilities should be individuated. In chapter 3 I use this account to show why Vihvelin’s account of free will is unsatisfactory. I also show how it helps us to better understand a distinction that is often made in the free will literature, namely, that between some notion of ‘general’ ability on the one hand and a notion of ‘specific’ or ‘particular’ abilities on the other. I argue that there are two important distinctions, both of which are relevant to free will. In chapter 4 I consider Keith Lehrer’s analysis of ‘can’ and conclude that while it fails to achieve Lehrer’s stated aim – namely, that of demonstrating that free will is compatible with determinism – it does contain some useful insights about the kinds of ability relevant to free will. In the fifth and final chapter I switch gears somewhat; I argue that various conditions typically treated under the banner of ‘the epistemic criteria on moral responsibility’ should instead be treated as conditions on an agent’s being able to do otherwise. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

According to “actionism” (Noë 2010), perception constitutively depends on implicit knowledge of the way sensory stimulations vary as a consequence of the perceiver’s self-movement. My aim in this contribution is to develop an alternative conception of the role of action in perception present in the work of Gareth Evans using resources provided by Ruth Millikan’s biosemantic theory of mental representation.

In this paper I argue that there are different ways that an agent may be able to do otherwise and that therefore, when free will is understood as requiring that an agent be able to do otherwise, we face the following question: which way of being able to do otherwise is most relevant to free will? I answer this question by first discussing the nature of intrinsic dispositions and abilities, arguing that for each action type there is a spectrum of (...) intrinsic abilities. I suggest that recognising this allows us to articulate two ways in which an intrinsic ability is general. And I argue that the abilities most relevant to free will need to be nongeneral in both of the ways identified. Along the way I show why these points threaten to undermine Vihvelin’s dispositionalist account of free will. (shrink)

Kadri Vihvelin, in "What time travelers cannot do" (Philos Stud 81: 315-330, 1996), argued that "no time traveler can kill the baby who in fact is her younger self, because (V1) "if someone would fail to do something, no matter how hard or how many times she tried, then she cannot do it", and (V2) if a time traveler tried to kill her baby self, she would always fail. Theodore Sider (Philos Stud 110: 115-138, 2002) criticized Vihvelin's argument, and Ira (...) Kiourti (Philos Stud 139: 343-352, 2008) criticized both Vihvelin's argument and Sider's critique. I present a critique of Vihvelin's argument different from both Sider's and Kiourti's critiques: I argue in a novel way that both V1 and V2 are false. Since Vihvelin's argument might be understood as providing a challenge to the possibility of time travel, if my critique succeeds then time travel survives such a challenge unscathed. (shrink)