Abilities

In this paper, I explore the question of agency in spontaneous action via a phenomenology of musical improvisation, drawing on fieldwork conducted with large con- temporary improvising ensembles. I argue that musical improvisation is a form of ‘participatory sense-making’ in which musical decisions unfold via a feedback pro- cess with the evolving musical situation itself. I describe how musicians’ technical expertise is developed alongside a responsive expertise, and how these capacities complicate the sense in which habitual action can be viewed (...) as pre-conscious or ‘automatic.’ Nevertheless, I shall argue that the self-awareness required for expert improvisation does not amount to highly reflective deliberation, arguing instead that the practice of musical improvisation involves an exercise of practical rationality, akin to what Aristotle called phronēsis. Musical decisions – as an expressive form of sense-making – are guided by feelings of ‘rightness’ that are experienced directly and intuitively, responding to the norms and reasons that are embedded in the instruments, sounds, and practices of a particular (sub)culture. (shrink)

I examine two related arguments for the claim that if God is omnipotent, God cannot lack abilities such as the ability to do evil or to act irrationally. Both arguments concern the idea that omnipotence is inconsistent with being dominated with respect to abilities. I raise new issues in the formulation of such dominance principles about ability, and attempt to solve them. I also discuss and reject existing objections to these arguments. I conclude that these arguments are promising but not (...) conclusive, and that important work remains to be done in formulating the relevant dominance principles. (shrink)

We argue that S is in a position to know that p iff S can know that p. Thus, what makes position-to-know-ascriptions true is just a special case of what makes ability-ascriptions true: compossibility. The novelty of our compossibility theory of epistemic modality lies in its subsuming epistemic modality under agentive modality, the modality characterizing what agents can do.

In this paper, we consider recent attempts to metaphysically explain agentive modality in terms of conditionals. We suggest that the best recent accounts face counterexamples, and more worryingly, they take some agentive modality for granted. In particular, the ability to perform basic actions features as a primitive in these theories. While it is perfectly acceptable for a semantics of agentive modal claims to take some modality for granted in getting the extension of action claims correct, a metaphysical explanation of agentive (...) modality cannot, at least not in the way that conditional approaches to agentive modality do. We argue that this problem was present even in the classical conditional analysis. By a pessimistic induction, we suggest that, probably, no conditional approach to agentive modality will succeed. (shrink)

ABSTRACT It’s often assumed, especially in discussions of free will and moral responsibility, that unavoidable actions are possible. In recent years, however, several philosophers have questioned that assumption. Their views are considered here, and the possibility of unavoidable actions is defended and then applied to issues in action theory and in the literature on moral responsibility.

Consider cases in which an agent simply doesn.t think to do a certain thing, or doesn't think of a crucial consideration favoring doing a certain thing, or intends to do a certain thing but forgets to do it. In such a case, is the agent able to do the thing that she fails to do? Assume that commonly we all‐in can do things that we do not do. Here I argue that, given this assumption, in the cases under consideration, too, (...) commonly agents all‐in can do the things they fail to do. (shrink)

I examine issues in the philosophy of religion at the intersection of what possibilities there are and what a God, as classically conceived in the theistic philosophical tradition, would be able to do. The discussion is centered around arguing for an incompatibility between theism and two principles about possibility and ability, and exploring what theists should say about these incompatibilities. -/- I argue that theism entails that certain kinds and amounts of evil are impossible. This puts theism in conflict with (...) popular principles of modal recombination. However, theists have plausible explanations for the violations of recombination that they posit, and can suitably amend these principles without giving up their usefulness in accounting for what possibilities there are. -/- I also argue that despite the impossibility of these evils, God is able to bring these evils about. This puts theism in conflict with the principle that no one is able to do the impossible. However, theists can give a plausible account of why God is unique in being able to do the impossible, and have distinctive resources to address the arguments in favor of the idea that no one is able to do the impossible. And by denying this principle, theists are able to resolve several otherwise difficult puzzles, including reconciling conflicts between the divine attributes. (shrink)

My aim in this paper is to sketch, with a broad brush and in bare outlines, an approach to modal epistemology that is characterized by three distinctive features. First, the approach is agency-based: it locates the roots of our modal thought and knowledge in our experience of our own agency. Second, the approach is ambitious in that it takes the experience of certain modal properties in agency to be the sole distinctive feature of specifically modal thought and knowledge; everything that (...) we know about modality beyond the experience of agency is a matter of applying standard methods of inquiry such as deduction, induction and abductive methods for choosing between theories. Third, the account holds that modal thought and knowledge is, first and foremost, about modal properties that are sufficiently like those encountered in agency. (shrink)

This essay is an investigation into the sense of ‘able’ relevant to free will, where free will is understood as requiring the ability to do otherwise. I argue that van Inwagen's recent functional specification of the relevant sense of ‘able’ is flawed, and that explicating the powers involved in free will shall likely require paying detailed attention to the semantics and pragmatics of ‘can’ and ‘able’. Further, I argue that van Inwagen's promise-level ability requirement on free will is too strong. (...) I also argue that Mele's conjecture that the strength of the ability to perform the ‘alternative’ action be no higher than the strength of the ability exercised in performing an action is mistaken. I suggest there is an asymmetry in the strengths of the abilities which make up the n-way power that comprises free will, and that this looks to have some interesting consequences for the connection between the abilities required for free will and, e.g. the ‘up to us’ locution. (shrink)

I distinguish two ways an ability might be general: (i) an ability might be general in that its possession doesn't entail the possession of an opportunity; (ii) an ability might be general in virtue of pertaining to a wide range of circumstances. I argue that these two types of generality – I refer to them with the terms ‘general’ and ‘generic’, respectively – produce two orthogonal distinctions among abilities. I show that the two types of generality are sometimes run together (...) by those writing on free will and argue that both types of generality are relevant to understanding the modality of abilities. (shrink)

There is a very plausible principle linking abilities and possibilities: If S is able to Φ, then it is metaphysically possible that S Φ’s. Jack Spencer recently proposed a class of counterexamples to this principle involving the ability to know certain propositions. I renew an argument against these counterexamples based on the unknowability of Fitch propositions. In doing so, I provide a new argument for the unknowability of Fitch propositions and show that Spencer’s counterexamples are in tension with a principle (...) weaker than the one linking abilities and possibilities. (shrink)

The acquisition of a new skill usually proceeds through five stages, from novice to expert, with a sixth stage of mastery available for highly motivated performers. In this chapter, we re-state the six stages of the Dreyfus Skill Model, paying new attention to the transitions and interrelations between them. While discussing the fifth stage, expertise, we unpack the claim that, “when things are proceeding normally, experts don’t solve problems and don’t make decisions; they do what normally works” (Dreyfus & Dreyfus, (...) 1988, pp. 30 – 31). This leads us to offer an account of the “perspectival deliberation” that arises for experts and masters and that is distinct from the calculative deliberation characteristic of the lower stages of skillfulness. (shrink)

A critical discussion of Seumas Miller's view on knowing-how and joint abilities.

Part of our ordinary conception of our freedom is the idea that commonly when we act—and often even when we don’t act—it is up to us whether we do this or that. This paper examines efforts to spell out what must be the case for this idea to be correct. Several claims regarding the basic metaphysics of agential powers are considered; they are found not to shed light on the issue. Thinking about agents’ psychological capacities provides some illumination, though the (...) idea of freedom remains puzzling. (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)

Positing group level obligations has come under attack from concerns relating to agency as a necessary requirement for obligation bearing. Roughly stated, the worry is that since only agents can have moral obligations, and groups are not agents, groups cannot have moral obligations. The intuition behind this constraint is itself based on the ability requirement of 'ought implies can': in order for a group to have an obligation it must have the ability to perform an action, but only agents can (...) have abilities. This paper argues that from accounts of shared agency we can develop a concept of joint ability, undermining the problem of agency for group obligations. (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)

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 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)

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)

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)

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

Pablo Gilabert and Holly Lawford-Smith have, both in collaboration and individually, provided a compelling account of feasibility, which states that feasibility is both ‘binary’ and ‘scalar’, and both ‘synchronic’ and ‘diachronic’. This two-dimensional analysis, however, has been the subject of four major criticisms: it has been argued that it rests upon a false distinction between ‘hard’ and ‘soft’ constraints, that it ignores the importance of intentional action, and that diachronic feasibility is incoherent and insensitive to the existence of epistemic limitations. (...) In this paper, I will argue that such objections do not undermine the persuasiveness of Gilabert and Lawford-Smith’s analysis. Nevertheless, I will contend that the latter is susceptible to two other challenges. First, it mistakenly appeals to morality, and, second, it lacks an analysis of ability. I will maintain, however, that such criticisms can be addressed and that a revised version of the account should be adopted. (shrink)

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)

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)

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.

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".

In defending the view that justice is the advantage of the stronger, Thrasymachus puzzlingly claims that rulers never err and that any practitioner of a skill or expertise (τέχνη) is infallible. In what follows, Socrates offers a number of arguments directed against Thrasymachus’ views concerning the nature of skill, ruling, and justice. Commentators typically take a dim view of both Thrasymachus’ claims about skill (which are dismissed as an ungrounded and purely ad hoc response to Socrates’ initial criticisms) and Socrates’ (...) latter arguments (which are deemed extremely weak). In this paper, I clarify Thrasymachus’ views (and those of several other ancients) concerning qua locutions and the nature of skill and ability and I reconstruct Socrates’ arguments against Thrasymachus’ views concerning skill and justice. I argue that Thrasymachus’ views are not ungrounded or ad hoc and that Socrates’ arguments are rather different (and significantly stronger) than often supposed. (shrink)

One natural way to argue for the existence of some subjective constraint on agents’ obligations is to maintain that without that particular constraint, agents will sometimes be obligated to do that which they lack the ability to do. In this paper, I maintain that while such a strategy appears promising, it is fraught with pitfalls. Specifically, I argue that because the truth of an ability ascription depends on an (almost always implicit) characterization of the relevant possibility space, different metaethical accounts (...) take obligation to be constrained by different senses of ability. As a result, what initially looks to be a point of consensus—that ability constrains obligation—turns out to be a point of contention, and arguments with this at the foundation are much more likely to obscure, rather than resolve, metaethical disputes. Despite this, appeals to ability in metaethics aren’t doomed to be fruitless. On the contrary, if we can independently establish a particular sense of ability as the normatively relevant one, then we have good grounds for ruling out metaethical accounts that are inconsistent with it. In the final section, I make just such an argument. What seems right about the thought that ability constrains obligation is that an agent cannot be obligated to do that which her circumstances prevent her from doing. I argue that only a sense of ability that is both epistemically and motivationally restricted adequately respects the limits of agential control. (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 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.

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 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)

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)

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 (such that there are two kinds of non-general ability). And I argue that the abilities most relevant to free will need to be non-general 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)

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)

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.

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)

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)

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)

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)

This is an extension of my earlier work, The Coast is Not Clear. This paper offers an alternative view in the discussion of passive action between Harry Frankfurt (1978) and Alfred Mele (1997). First, I will describe Frankfurt’s noncausal account of action. Second, I will present counterexamples on behalf of Mele’s causal account. Then, I will introduce the Frankfurt-friendly View (FFV) which captures Frankfurt’s judgments about action while rejecting Frankfurt-style cases. I will explore what constitutes and explains actions in each (...) view. I will then analyze the counterexamples using Mele’s view and the FFV. Finally, I will explain the interpretive differences between the competing views. (Note that this work is not published and in its early draft stages.). (shrink)

My general worry is that Schellenberg’s arguments against naive realism, generalism, and Russellian representationalism do not seem to be 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 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 it is hard to imagine how one could see without seeing as. (shrink)