Agency

In temporal binding, the temporal interval between one event and another, occurring some time later, is subjectively compressed. We discuss two ways in which temporal binding has been conceptualized. In studies showing temporal binding between a voluntary action and its causal consequences, such binding is typically interpreted as providing a measure of an implicit or pre-reflective “sense of agency”. However, temporal binding has also been observed in contexts not involving voluntary action, but only the passive observation of a cause-effect sequence. (...) In those contexts, it has been interpreted as a top-down effect on perception reflecting a belief in causality. These two views need not be in conflict with one another, if one thinks of them as concerning two separate mechanisms through which temporal binding can occur. In this paper, we explore an alternative possibility: that there is a unitary way of explaining temporal binding both within and outside the context of voluntary action as a top-down effect on perception reflecting a belief in causality. Any such explanation needs to account for ways in which agency, and factors connected with agency, have been shown to affect the strength of temporal binding. We show that principles of causal inference and causal selection already familiar from the literature on causal learning have the potential to explain why the strength of people’s causal beliefs can be affected by the extent to which they are themselves actively involved in bringing about events, thus in turn affecting binding. (shrink)

Most theories of trust presume that trust is a conscious attitude that can be directed only at other agents. I sketch a different form of trust: the unquestioning attitude. What it is to trust, in this sense, is not simply to rely on something, but to rely on it unquestioningly. It is to rely on a resource while suspending deliberation over its reliability. To trust, then, is to set up open pipelines between yourself and parts of the external world — (...) to permit external resources to have a similar relationship to one as one’s internal cognitive faculties. This creates efficiency, but at the price of exquisite vulnerability. We must trust in this way because we are cognitively limited beings in a cognitively overwhelming world. Crucially, we can hold the unquestioning attitude towards objects. When I trust my climbing rope, I climb while putting questions of its reliability out of mind. Many people now trust, in this sense, complex technologies such as search algorithms and online calendars. But, one might worry, how could one ever hold such a normatively loaded attitude as trust towards mere objects? How could it ever make sense to feel betrayed by an object? Such betrayal is grounded, not in considerations of inter-agential cooperation, but in considerations of functional integration. Trust is our engine for expanding and outsourcing our agency — for binding external processes into our practical selves. Thus, we can be betrayed by our smartphones in the same way that we can be betrayed by our memory. When we trust, we try to make something a part of our agency, and we are betrayed when our part lets us down. This suggests a new form of gullibility: agential gullibility, which occurs when agents too hastily and carelessly integrate external resources into their own agency. (shrink)

In the philosophy of action, agency manifests the capacity of the agent to act. An agent is one who acts voluntarily, consciously and intentionally. This article studies the relationship between virtues and agency to learn to what extent agency is conceptually and metaphysically dependent on moral or epistemic virtues; whether virtue is a necessary condition for action and agency, besides the belief, desire and intention? Or are virtues necessary merely for the moral or epistemic character of the agent and not (...) his agency? If virtues are constructive elements of personal identity, can we say that virtues are necessary for action and agency? If we accept that virtues play a role in agency, the principle of “Ought Implies Can” makes us face a new challenge; which we will discuss. After explaining the concept of action and agency, I will study the relationship between agency and virtues in the field of ethics and epistemology. Ultimately, I conclude that not only in theories of virtue but also in other ethical theories, virtue is independently necessary for the actualization of agency; even if, conceptually, there might not be any relation between the two. In many cases, virtue can also have a crucial role in prudential agency. agency, action, moral virtue, epistemic virtue, the principle of “Ought Implies Can”. * Ph.D., Professor. Department of Islamic Philosophy and Theology, University of Qom, Qom, Iran. ׀ Z-khazaei@qom.ac.ir. (shrink)

Harry G. Frankfurt’s work on agency and reflexivity represents one of the most important attempts in the current philosophical literature to elaborate the structure of agency. Frankfurt wishes to provide an account of what I call the “deep structures” of agency—those features of agency, such as care and love, in virtue of which the surface features, such as desire, are to be explained and understood. These deep structures are important because of their power to explain unified diachronic patterns in our (...) lives rather than just individual actions. In doing so, Frankfurt seeks to be a Humean in Aristotelian clothing: he desires the richness of a broadly Aristotelian moral psychology–specifically, an Augustinian variant of this—built out of the resources of a Humean human nature in which the “passions,” or here, those objects we care about, are fundamental. -/- Thus Frankfurt develops concepts such as second-order desire, identification and dissociation, wholeheartedness, and love without incurring significant metaphysical costs. Through these concepts Frankfurt provides an account with extraordinary richness. However, I argue that Frankfurt’s minimalism conflicts with his attempts to provide so rich an account of our moral lives. In particular, his attempt to make caring foundational for practical reason undermines his conception of identification and dissociation. Frankfurt’s Humeanism commits him to a tragic moral universe in which the dissociation of desire is little more than an exercise in self-deception rather than a means of guaranteeing psychic unity. -/- I then argue that a superior account of moral life and the moral self can be constructed through greater reliance upon Augustinian ideas concerning the nature of love that is rooted in two concepts: affinity and peace. The concept of affinity provides a basis for evaluating what is worth loving and the concept of peace, central to Augustine’s moral psychology, is used to analyze the structure of love itself in its many manifestations. This account is less minimalist than Frankfurt’s but is more faithful to our moral experience and provides a more powerful and nuanced analysis of moral life and the self. (shrink)

I first sketch the different things we might have in mind, when thinking about responsibility. I then relate each of those to possible investigations of human agency. The most interesting such relation, in my opinion, is that between agency and what I call “responsibility as mattering.” I offer some hypotheses about that relation.

Many think of reasons as facts, propositions, or considerations that stand in some relation (or relations) to attitudes, actions, states of affairs. The relation may be an explanatory one or a “normative” one—though some are uncomfortable with irreducibly “normative” relations. I will suggest that we should, instead, see reasons as items in pieces of reasoning. They relate, in the first instance, not to psychological states or events or states of affairs, but to questions. That relation is neither explanatory nor “normative.” (...) If we must give it a label, we could call it “rational”—but that will mean, I think, only that the consideration bears on the question. By thus putting reasoning first, we not only avoid a handful of difficulties that have plagued thinking about reasons, but we also bring back to center-stage the importance of rational agency. (shrink)

Living agency is subject to a normative dimension (good-bad, adaptive-maladaptive) that is absent from other types of interaction. We review current and historical attempts to naturalize normativity from an organism-centered perspective, identifying two central problems and their solution: (1) How to define the topology of the viability space so as to include a sense of gradation that permits reversible failure, and (2) how to relate both the processes that establish norms and those that result in norm-following behavior. We present a (...) minimal metabolic system that is coupled to a gradient-climbing chemotactic mechanism. Studying the relationship between metabolic dynamics and environmental resource conditions, we identify an emergent viable region and a precarious region where the system tends to die unless environmental conditions change. We introduce the concept of normative field as the change of environmental conditions required to bring the system back to its viable region. Norm-following, or normative action, is defined as the course of behavior whose effect is positively correlated with the normative field. We close with a discussion of the limitations and extensions of our model and some final reflections on the nature of norms and teleology in agency. (shrink)

The notion of habit used in neuroscience is an inheritance from a particular theoretical origin, whose main source is William James. Thus, habits have been characterized as rigid, automatic, unconscious, and opposed to goal-directed actions. This analysis leaves unexplained several aspects of human behavior and cognition where habits are of great importance. We intend to demonstrate the utility that another philosophical conception of habit, the Aristotelian, may have for neuroscientific research. We first summarize the current notion of habit in neuroscience, (...) its philosophical inspiration and the problems that arise from it, mostly centered on the sharp distinction between goal-directed actions and habitual behavior. We then introduce the Aristotelian view and we compare it with that of William James. For Aristotle, a habit is an acquired disposition to perform certain types of action. If this disposition involves an enhanced cognitive control of actions, it can be considered a “habit-as-learning”. The current view of habit in neuroscience, which lacks cognitive control and we term “habit-as-routine”, is also covered by the Aristotelian conception. He classifies habits into three categories: (1) theoretical, or the retention of learning understood as “knowing that x is so”; (2) behavioral, through which the agent achieves a rational control of emotion-permeated behavior (“knowing how to behave”); and (3) technical or learned skills (“knowing how to make or to do”). Finally, we propose new areas of research where this “novel” conception of habit could serve as a framework concept, from the cognitive enrichment of actions to the role of habits in pathological conditions. In all, this contribution may shed light on the understanding of habits as an important feature of human action. Habits, viewed as a cognitive enrichment of behavior, are a crucial resource for understanding human learning and behavioral plasticity. (shrink)

Review of Agnes Callard's Aspiration. Forthcoming in a symposium on the book in Philosophy and Phenomenological Research.

Art can be addressed, not just to individuals, but to groups. Art can even be part of how groups think to themselves – how they keep a grip on their values over time. I focus on monuments as a case study. Monuments, I claim, can function as a commitment to a group value, for the sake of long-term action guidance. Art can function here where charters and mission statements cannot, precisely because of art’s powers to capture subtlety and emotion. In (...) particular, art can serve as the vessel for group emotions, by making emotional content sufficiently public so as to be the object of a group commitment. Art enables groups to guide themselves with values too subtle to be codified. (shrink)

Aspiration: The Agency of Becoming. By Callard Agnes.

In debates about rationalizing action explanation causalists assume that the psychological states that explain an intentional action have both causal and rational features. I scrutinize the presuppositions of those who seek and offer rationalizing action explanations. This scrutiny shows, I argue, that where rational features play an explanatory role in these contexts, causal features play only a presuppositional role. But causal features would have to play an explanatory role if rationalizing action explanation were a species of causal explanation. Consequently, we (...) should conclude that action explanation is not a species of causal explanation. (shrink)

Agent-causal libertarians maintain we are irreducible agents who, by acting, settle matters that aren’t already settled. This implies that the neural matters underlying the exercise of our agency don’t conform to deterministic laws, but it does not appear to exclude the possibility that they conform to statistical laws. However, Pereboom (Noûs 29:21–45, 1995; Living without free will, Cambridge University Press, Cambridge, 2001; in: Nadelhoffer (ed) The future of punishment, Oxford University Press, New York, 2013) has argued that, if these neural (...) matters conform to either statistical or deterministic physical laws, the complete conformity of an irreducible agent’s settling of matters with what should be expected given the applicable laws would involve coincidences too wild to be credible. Here, I show that Pereboom’s argument depends on the assumption that, at times, the antecedent probability certain behavior will occur applies in each of a number of occasions, and is incapable of changing as a result of what one does from one occasion to the next. There is, however, no evidence this assumption is true. The upshot is the wild coincidence objection is an empirical objection lacking empirical support. Thus, it isn’t a compelling argument against agent-causal libertarianism. (shrink)

The author asks whether there was a “scientific ‘68”, and focuses on aspects of two specific methodological proposals defined in the 1940s and 50s by the terms “action research” and “mixing methods”, applied particularly to social sciences. In the first, the climate surrounding the events of 1968 contributed to heightening the participative element to be found –by definition– in “action research”; that is: the importance of making the research subjects themselves participants in the design, execution and application of the study (...) of which they are the focus. This approach captured the democratic and anti-authoritarian spirit at the heart of the proposal, which was part of the prevailing climate in those days. The repercussions of 1968 on “mixing methods” focused on studying what had actually occurred, especially between the youth and workers, and therefore, particularly from the point of view of sociology and social psychology, using a “mixed methods” approach. The author explores the proposal of Norman Denzin; but traces the recent origins of both “mixing methods” and “action research” back to the proposals of mainly Kurt Lewin and the Chicago School. (shrink)

Many believe that a suitably programmed computer could act for its own goals and experience feelings. I challenge this view and argue that agency, mental causation and qualia are all founded in the unique, homeostatic nature of living matter. The theory was formulated for coherence with the concept of an agent, neuroscientific data and laws of physics. By this method, I infer that a successful action is homeostatic for its agent and can be caused by a feeling - which does (...) not motivate as a force, but as a control signal. From brain research and the locality principle of physics, I surmise that qualia are a fundamental, biological form of energy generated in specialized neurons. Subjectivity is explained as thermodynamically necessary on the supposition that, by converting action potentials to feelings, the neural cells avert damage from the electrochemical pulses. In exchange for this entropic benefit, phenomenal energy is spent as and where it is produced - which precludes the objective observation of qualia. (shrink)

Can an agent deliberating about an action A hold a meaningful credence that she will do A? 'No', say some authors, for 'Deliberation Crowds Out Prediction' (DCOP). Others disagree, but we argue here that such disagreements are often terminological. We explain why DCOP holds in a Ramseyian operationalist model of credence, but show that it is trivial to extend this model so that DCOP fails. We then discuss a model due to Joyce, and show that Joyce's rejection of DCOP rests (...) on terminological choices about terms such as 'intention', 'prediction', and 'belief'. Once these choices are in view, they reveal underlying agreement between Joyce and the DCOP-favouring tradition that descends from Ramsey. Joyce's Evidential Autonomy Thesis (EAT) is effectively DCOP, in different terminological clothing. Both principles rest on the so-called 'transparency' of first-person present-tensed reflection on one's own mental states. (shrink)

This thesis defends an account of what it is to trust other people, and what gives matters of trust (i.e. situations where we trust/distrust others) a characteristic interpersonal, normative, or moral/ethical importance to us. In other words, it answers what the nature of betrayal (and being susceptible to betrayal) is. -/- Along the way I put forward/defend accounts of the following: the relationship between trust and reliance (chapter 4); an account of reliance itself (chapter 5); trust and distrust as one/two/three-place (...) attitudes (chapter 7); and the ethical/normative significance of trust and betrayal as a matter of attachment security (chapters 6 and 8). -/- In addition to these accounts, the thesis also gives (in chapter 2) a conceptual/historical overview of the dominant paradigm in philosophical understanding of trust: as a form of reliance 'plus' betrayal conditions (a la Baier 1986; Holton 1994; Hawley 2014, among others). It also offers a rebuttal of that dominant paradigm in chapter 3 and 4. Furthermore, it offers an overview of how trust is understood more generally across philosophical and some social scientific/psychological literature (chapter 1). It also offers a rebuttal of the rational choice/game-theoretic understanding of trust and economic rationality a la so-called 'trust games' (chapter 1). This carries the consequence that analysis of trust in these traditions is not really based on anything resembling interpersonal trust, as we would intuitively recognise it. (shrink)

This paper develops a taxonomy of kinds of actions that can be seen in group agency, human–machine interactions, and virtual realities. These kinds of actions are special in that they are not embodied in the ordinary sense. I begin by analysing the notion of embodiment into three separate assumptions that together comprise what I call the Embodiment View. Although this view may find support in paradigmatic cases of agency, I suggest that each of its assumptions can be relaxed. With each (...) assumption that is given up, a different kind of disembodied action becomes available. The taxonomy gives a systematic overview and suggests that disembodied actions have the same theoretical relevance as the actions of any ordinarily embodied human. (shrink)

Many philosophers think that it is only because we happen to want or care about things that we think some things of value. We start off caring about things, and then project these desires onto the external world. In this chapter, I make a preliminary case for the opposite view, that it is our evaluative thinking that is prior or comes first. On this view, it is only because we think some things of value that we care about or want (...) anything at all. This view is highly explanatory. In particular, it explains (i) the special role that pleasure and pain play in our motivational systems, (ii) why phenomenal consciousness evolved, and (iii) how the two main competing theories of normative reasons for action—i.e., objectivism and subjectivism—can be reconciled. After explaining why this is so, I respond to the most serious objections to this view, including that it cannot account for temptation and willpower, or for the existence and appropriateness of the reactive attitudes. (shrink)

The existence of group agents is relatively widely accepted. Examples are corporations, courts, NGOs, and even entire states. But should we also accept that there is such a thing as group consciousness? I give an overview of some of the key issues in this debate and sketch a tentative argument for the view that group agents lack phenomenal consciousness. In developing my argument, I draw on integrated information theory, a much-discussed theory of consciousness. I conclude by pointing out an implication (...) of my argument for the normative status of group agents. (shrink)

Clinical guidelines are special types of plans realized by collective agents. We provide an ontological theory of such plans that is designed to support the construction of a framework in which guideline-based information systems can be employed in the management of workflow in health care organizations. The framework we propose allows us to represent in formal terms how clinical guidelines are realized through the actions of are realized through the actions of individuals organized into teams. We provide various levels of (...) implementation representing different levels of conformity on the part of health care organizations. Implementations built in conformity with our framework are marked by two dimensions of flexibility that are designed to make them more likely to be accepted by health care professionals than standard guideline-based management systems. They do justice to the fact 1) that responsibilities within a health care organization are widely shared, and 2) that health care professionals may on different occasions be non-compliant with guidelines for a variety of well justified reasons. The advantage of the framework lies in its built-in flexibility, its sensitivity to clinical context, and its ability to use inference tools based on a robust ontology. One disadvantage lies in its complicated implementation. (shrink)

In this paper I propose a way of characterizing human agency in terms of the concept of a two‐way power. I outline this conception of agency, defend it against some objections, and briefly indicate how it relates to free agency and to moral praise‐ and blameworthiness.

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

Bernard Williams’ “Nietzsche’s Minimalist Moral Psychology”, replete with provocative and insightful claims, has been extremely influential in Nietzsche scholarship. In the two decades since its publication, much of the most interesting and philosophically sophisticated work on Nietzsche has focused on exactly the topics that Williams addresses: Nietzsche’s moral psychology, his account of action, his naturalistic commitments, and the way in which these topics interact with his critique of traditional morality. While Williams’ pronouncements on these topics are brief and at times (...) oracular, and although many important details are not addressed, he manages to identify some of the richest veins in Nietzsche’s texts. In this response, I focus on the four central claims in Williams’ article. Sections One and Two address the claim that Nietzsche is a naturalist and an advocate of “minimalist moral psychology,” respectively. Sections Three and Four examine Williams’ interpretations of Nietzsche on the will and agency. Finally, Section Five critiques Williams’ claim that Nietzsche cannot be a source of philosophical theories. (shrink)

Character and the will are rarely discussed together. At most, philosophers working on the one mention the other in an eliminativist vein—if character is represented as something chosen, for example, it can be chalked up to the work of the will; if the will consists merely of a certain arrangement of mental states, it can be seen as little more than a manifestation of character. This mutual neglect appears perfectly justified. If both character and will are determinants of action, to (...) treat them separately would be to overdetermine agency at best, and at worst to fragment it. While defending this reasoning, I argue that things are not so simple, because character and will serve distinct explanatory and normative functions, respectively. The difference in function, however, does not prove that character and will must be ontologically distinct sources of agency; only that our discourse about them must keep them apart. (shrink)

1. Introduction: a look back at the reasons vs. causes debate. 2. The interventionist account of causation. 3. Four objections to interventionism. 4. The counterfactual analysis of event causation. 5. The role of free agency. 6. Causality in the human sciences. -- The reasons vs. causes debate reached its peak about 40 years ago. Hempel and Dray had debated the nature of historical explanation and the broader issue of whether explanations that cite an agent’s reasons are causal or not. Melden, (...) Peters, Winch, Kenny and Anscombe had contributed their anticausal conceptions. The neo-Wittgensteinians seemed to be winning the day when in 1963 Donald Davidson published his seminal paper “Actions, Reasons, and Causes”. Davidson’s paper devastated the Wittgensteinian camp. It contained, among other things, a powerful attack on the logical connection argument. Davidson argued that the existence of a logical or conceptual connection between descriptions can never eliminate a causal relation, which holds between events simpliciter, not between events under certain descriptions. Davidson maintained that in a way, reasons can be causes. When somebody acts for a certain reason, his intentional attitudes, or rather changes in his attitudes, cause his bodily movements. Davidson also argued that rationalization is a species of causal explanation. For the definition of action, he argued that intentional actions are bodily movements caused in the right way by beliefs and desires that rationalize them. Davidson’s paper paved the way for causal theories of action, which superseded neo-Wittgensteinian analyses in the following decades. The causal theory was rapidly adopted by Alvin Goldman, David Armstrong, Paul Churchland, Myles Brand and many others, entering the mainstream and dominating the philosophy of action to this very day. In 1971 Georg Henrik von Wright published his book "Explanation and Understanding". The second chapter did not deal with agency, but with causation. It developed a new account of causation, the interventionist or experimentalist account. Focusing on causation, von Wright remedied a major shortcoming of the reasons vs. causes debate. The concept of causality, and the nature of the causal relation, received little attention in this debate, a fact that holds true for both camps. Mostly it was simply taken for granted that, as Hempel had declared, “causal explanation is a special type of deductive-nomological explanation”. One camp then aligned intentional explanations with D-N explanations, while the other camp insisted on their disparity. So strictly speaking, the label “reasons/causes debate” was a misnomer. The controversy dealt primarily with the question as to whether intentional explanations can take the form of D-N explanations, while the notion of causation, and the metaphysics of the causal relation, were left obscured. With von Wright’s new approach, the situation changed. Von Wright was primarily concerned with causation, but his approach contained an implicit attack on the causal theory of action as well. His core idea was that the notion of causality is intimately linked with, or even derived from, the notion of intentionally making something happen. Other philosophers, even Hume, had considered such a connection before, but often just to reject this view, regarding it as a kind of myth belonging to the infancy of the human mind. Von Wright took the idea seriously. He submitted the analysis that p is the cause of q if and only if by doing p we could bring about q. The causal theory of action was also concerned with the relation between causation and agency, to which its name bears witness. The causal theory of action holds that actions are bodily movements with a certain causal history. This is why von Wright’s account constituted a momentous challenge to the causal theory: it reversed the direction of conceptual dependency between both notions. Davidson and his followers tried to define what an intentional action is by using the notion of causation. The causal condition which the causal theory sets is part of the definition of “doing something intentionally”. Von Wright claimed that the conceptual dependency is the other way round. He used the notions of doing, and bringing about, to explain what causal relations are. So, instead of a causal theory of action, he advocated an agency theory of causation, as it may be dubbed. It is remarkable how seldom this clash of opinions about conceptual primacy is reflected in the literature. There are few exceptions: Fred Stoutland noticed the conflict, and he published a number of papers in which he compared Davidson’s and von Wright’s views. Von Wright’s book "Explanation and Understanding" was widely read and discussed in the seventies, especially in Europe. But it strikes me that especially in North America, where the causal theory of action became the orthodoxy of the day, von Wright’s challenge went largely unnoticed. Even Davidson did not seem to take it seriously. He nowhere takes notice of the interventionist theory of causation, while he does discuss von Wright’s earlier book "Norm and Action". As is well-known, Davidson favoured an alternative account of causation, based on “the principle of the nomological character of causality”, as he somewhat clumsily called it, or, later and less clumsily, “the cause-law thesis”. Davidson’s firm adherence to a nomological theory of causality may explain why he did not take much interest in alternative accounts. [...] -/- . 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This project examines whether we can consistently make two claims: i) God cannot prevent sin without destroying free will; and ii) in heaven, God prevents sin without destroying free will. It explores the conditions under which agents may be said to be acting freely, guided by consideration of the free will defence to the problem of evil. This involves considering prominent themes in the philosophy of action, and in the metaphysics of free will. It develops, and defends, a non-causal incompatibilist (...) account of free agency. This is then applied to the theological problem of how God ensures the sinlessness of the saints in heaven, and why this could not be achieved prior to heaven. (shrink)

Many candidates have been tried out as proximate causes of actions: belief-desire pairs, volitions, motives, intentions, and other kinds of pro-attitudes. None of these mental states or events, however, seems to be able to do the trick, that is, to get things going. Each of them may occur without an appropriate action ensuing. After reviewing several attempts at closing the alleged “causal gap”, it is argued that on a correct analysis, there is no missing link waiting to be discovered. On (...) the counterfactual account of singular causation, the onset of belief or desire may perfectly well cause an action, although no kind of mental antecedent is ever a causally sufficient condition for a specific kind of action to occur. [...]. (shrink)

This unpublished article was written around 2009 for a journal special issue of a journal which never materialized. In 2018, the article was rewritten and published in the Oxford Handbook of Philosophy and Disability. It can be found on PhilPapers as Drayson and Clark (2018), 'Cognitive Disability and the Embodied, Extended Mind'.

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

The problem of deviant causal chains is endemic to any theory of action that makes definitional or explanatory use of a causal connection between an agent’s beliefs and pro-attitudes and his bodily movements. Other causal theories of intentional phenomena are similarly plagued. The aim of this chapter is twofold. First, to defend Davidson’s defeatism. In his treatment of deviant causal chains, Davidson makes use of the clause “in the right way” to rule out causal waywardness, but he regards any attempt (...) at specifying ‘right’ sorts of causal histories as hopeless and even harmful. To my mind, Davidson’s defeatism contains a valuable insight, so I shall try to explain the reasons for it. Second, I shall try to answer a question that has often been ignored or passed over in the literature; namely the question of what it is that deviant causal chains deviate from. (shrink)

In response to Mole 2009, I present an argument for zombie action. The crucial question is not whether but rather to what extent we are zombie agents. I argue that current evidence supports only minimal zombie agency.

Every time we act in an effort to attain our epistemic goals, we express our epistemic agency. The present study argues that a proper understanding of the actions and goals relevant to expressions of such agency can be used to make ameliorative recommendations about how the ways in which we actually express our agency can be brought in line with how we should express our agency. More specifically, it is argued that the actions relevant to such expressions should be identified (...) with the variety of actions characteristic of inquiry; that contrary to what has been maintained by recent pluralists about epistemic value, the only goal relevant to inquiry is that of forming true belief; and that our dual tendency for bias and overconfidence gives us reason to implement epistemically paternalistic practices that constrain our freedom to exercise agency in substantial ways. In other words, when it comes to our freedom to express epistemic agency, more is not always better. In fact, less is often so much more. (shrink)

We explore the idea that a group or ‘team’ of individuals can be an agent in its own right and that, when this is the case, individual team members use team reasoning, a distinctive mode of reasoning from that of standard decision theory. Our approach is to represent team reasoning explicitly, by means of schemata of practical reasoning in which conclusions about what actions should be taken are inferred from premises about the decision environment and about what agents are seeking (...) to achieve. We use this theoretical framework to compare team reasoning with the individual reasoning of standard decision theory, and to compare various theories of team agency and collective intentionality. (shrink)

This chapter discusses how research in situationist social psychology may pose largely undiscussed threats to autonomous agency, free will, and moral responsibility.

This paper argues, by attention to the category of sub-intentional agency, that many conceptions of the nature of agency are 'over-mentalised', in that they insist that an action proper must be produced by something like an intention or a reason or a desire. Sub-intentional actions provide counterexamples to such conceptions. Instead, it is argued, we should turn to the concept of a two-way power in order to home in on the essential characteristics of actions.

I have therefore decided to venture out of the philosophical armchair in order to examine the empirical evidence, as gathered by psychologists aiming to prove or disprove motivational conjectures like mine. By and large, this evidence is indirect in relation to my account of agency, since it is drawn from cases in which the relevant motive has been forced into the open by the manipulations of an experimenter. The resulting evidence doesn’t tend to show the mechanism of agency humming along (...) in accordance with my specifications; it tends to show the knocks and shudders that such a mechanism emits when put under stress. But we often learn about the normal workings of things by subjecting them to abnormal conditions; and viewed in this light, various programs of psychological research offer indirect support to my account of agency. I’ll begin by reviewing the relevant research, leaving its relevance to my account of agency for the final section of the paper. (shrink)

An introductory survey of the contemporary philosophy of action.

The causal theory of action has been the standard view in the philosophy of action and mind. In this chapter, I will present responses to two challenges to the theory. The first says, basically, that there is no positive argument in favour of the causal theory, as the only reason that supports it consists in the apparent lack of tenable alternatives. The second challenge says that the theory fails to capture the phenomenon of agency, as it reduces activity to mere (...) happenings (events and event-causal processes). This is often referred to as the problem of "disappearing agency". My main aim is to show that there is no problem of disappearing agency, and we will see that my response to the first challenge will be conducive to this end. I will present a positive argument for the causal theory on the basis of considerations concerning the metaphysics of agency, and I will suggest that we "own" the agency that springs from our mental states and events "by default". (shrink)

Confabulation is typically understood to be dysfunctional. But this understanding neglects the phenomenon's potential benefits. In fact, we think that the benefits of non-clinical confabulation provide a better foundation for a general account of confabulation. In this paper, we start from these benefits to develop a social teleological account of confabulation. Central to our account is the idea that confabulation manifests a kind of willful ignorance. By understanding confabulation in this way, we can provide principled explanations for the difference between (...) clinical and non-clinical cases of confabulation and the extent to which confabulation is rational. (shrink)

Ambivalence is often presented through cases of defeated ambivalence and multivalence, in which opposed attitudes suggest mutual isolation and defeat each other. Properly understood, however, ambivalence implies the existence of poles that are conflictually yet rationally interlinked and are open to non-defeated joint conduct. This paper considers cases that range from indecisiveness and easy adoption of conflicting attitudes, to tragically conflicted deliberation and to cases of shifting between self-deceptively serious attitudes. Analyzing such cases as variants of defeated ambivalence, I argue (...) that the phenomena of defeated ambivalence are marginal to ambivalence even though they are by the same token exemplary of it. The poles in such cases are connected as opposing attitudes in such a way that the attitudes and the opposition are both undermined. The article focuses on two forms of vague multivalence, one of which is taken from Heidegger’s analysis of curiosity. (shrink)

Proceedings of the Aristotelian Society, Volume 115, Issue 3pt3, Page 211-233, December 2015.

The paper develops two objections to Michael Bratman’s self-governance approach to the normativity of rational requirements. Bratman, drawing upon work by Harry Frankfurt, argues that having a place where one stands is a necessary, constitutive element of self-governance, and that violations of the consistency and coherence requirements on intentions make one lack a place where one stands. This allows for reasons of self-governance to ground reasons to comply with these rational requirements, thereby vindicating the normativity of rationality. The first objection (...) is that the account under-generates reasons, since not all cases of incoherence will involve a failure to have a place where one stands. The second objection is that the account over-generates reasons: we would have strong reasons to avoid both incoherence and ambivalence. However, if we follow Frankfurt in thinking that ambivalence is a “disease of the will” that is as irrational as having contradictory beliefs, this second objection doesn’t get off the ground. Thus, the first part of the paper is devoted to explaining why Frankfurt’s argument for the irrationality of ambivalence fails. (shrink)