Trying

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)

Although widely used across psychology, economics, and philosophy, the concept ofeffort is rarely ever defined. This article argues that the time is ripe to look for anexplicit general definition of effort, makes some proposals about how to arrive at thisdefinition, and suggests that a force-based approach is the most promising. Section 1presents an interdisciplinary overview of some chief research axes on effort, and arguesthat few, if any, general definitions have been proposed so far. Section 2 argues thatsuch a definition is (...) now needed and proposes a basic methodology to arrive at it, whosefirst step is to make explicit the various tacit assumptions about effort made acrosssciences and ordinary thinking. Section 3 unearths 4 different conceptions of effortfrom research on effort so far:primitive-feelings accounts,comparator-based accounts,resource-based accountsandforce-based accounts. It is then argued that the first 2kinds of accounts, although interesting in their own right, are not strictly speaking abouteffort. Section 4 considers the 2 most promising general approaches to efforts: re-source-based and force-based accounts. It argues that these accounts are not only compatible but actually extensionally equivalent. This notwithstanding, it explains why force-based accounts should be regarded as more fundamental than resource-basedaccounts -/- . (shrink)

Metaphysically speaking, just what is trying? There appear to be two options: to place it on the side of the mind or on the side of the world. Volitionists, who think that to try is to engage in a mental act, perhaps identical to willing and perhaps not, take the mind-side option. The second, or world-side option identifies trying to do something with one of the more basic actions by which one tries to do that thing. The trying is then (...) said to be identical with the physical action. -/- After carefully stating the second, world-side view, I produce two arguments against it. The first relies on the fact that if a=b and b=c, then a=c, sometimes put colloquially as: if something is identical to two things, then the two things must be identical to one another. In the case of trying, one might try to do something by performing a plurality of simultaneous actions, a sure sign that the relation between the trying and the plurality of actions by which one tries must be some relation other than identity. -/- The second argument discusses two cases, recorded in William James’ The Principles of Psychology, of a patient who tries but who performs no action whatever. This is sometimes called ‘naked trying’. A recent attempt at denying that there can be such cases of naked trying is examined and dismissed. (shrink)

Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.

: I focus on Uriah Kriegel’s account of conative phenomenology. I agree with Kriegel’s argument that some conative phenomenology is primitive in that some conative phenomenal properties cannot be reduced to another kind of property. I disagree, however, with Kriegel’s specific characterization of the properties in question. Kriegel argues that the experience of deciding-and-then-trying is the core of conative phenomenology. I argue, however, that the experiences of trying and acting better occupy this place. Further, I suggest that the attitudinal component (...) of the experiences of trying and acting is not, as Kriegel suggests, best characterized in terms of commitment to the rightness or goodness of the objects of experience. Rather, I argue that the attitudinal component is best characterized in imperatival terms. Keywords : Agentive Phenomenology; Deciding; Trying; Imperatives Kriegel e la fenomenologia dell’azione Riassunto : In questo testo mi concentrerò sulla descrizione della fenomenologia conativa di Kriegel. Mentre condivido la tesi di Kriegel, secondo cui parte della fenomenologia conativa è primitiva, nel senso che parte delle proprietà fenomeniche conative non possono essere ridotte ad altri tipi di proprietà, debbo tuttavia dissentire riguardo la specifica caratterizzazione data da Kriegel delle proprietà in questione. Kriegel ritiene che l’esperienza del decidere-e-poi-sforzarsi sia il nucleo della fenomenologia conativa. Io direi tuttavia che le esperienze dello sforzo e dell’azione occupano meglio questa posizione. Inoltre, suggerirei che la componente relativa all’atteggiamento delle esperienze dello sforzo e dell’azione non sia descrivibile al meglio, come suggerisce Kriegel, in termini di impegno legato all’adeguatezza o all’integrità dell’oggetto d’esperienza. Direi piuttosto che la componente dell’atteggiamento sia meglio descrivibile in termini imperativi.. Parole chiave : Fenomenologia dell’agentività; Atto della decisione; Atto dello sforzo; Imperativi. (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)

A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...) against these “equivalence theorists” that harmful consequences do make a moral difference, that the harm produced by the killer’s attempt retroactively makes her action more blameworthy, and therefore deserving of more punishment, than the failed attempter’s attempt. The primary argument for this “non-equivalence theory” is an analogy with gambling. Just as a gambler makes a deal with the casino to allow metaphysical luck to retroactively determine the “profit status” of her bet, so too the attempted killer makes a deal with “the casino of morality” to allow metaphysical luck to retroactively determine the moral status of her attempt. She makes the “moral deal” that if her attempt succeeds, her attempt was more blameworthy than if her attempt does not succeed. And it is the greater blameworthiness of the killer’s attempt that justifies our intuition that the killer should be punished more harshly than the failed attempter. (shrink)

When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought is that this (...) project should take the form of specifying what it is in general to attempt or try to perform an action, and then to define criminal attempts as attempts to commit crimes. Focusing on Gideon Yaffe's resourceful work in Attempts (Oxford University Press, 2010) as an example of this strategy, I argue that it results in a view that is overly inclusive: one will count as trying to commit a crime even in the far remote preparatory stages that we in fact have good reason not to criminalize. I offer an alternative proposal to distinguish between mere preparations and genuine attempts that has its basis not in trying, but doing: a criminal attempt is underway once what the agent is doing is a crime. Working out the details of this schema turns out to have important implications for action theory. A recently burgeoning view known as Naive Action Theory holds that all action can be explained by appeal to some further thing that the agent is doing, and that that the same explanatory nexus is at work even when we appeal to what the agent is intending, trying, or preparing to do -- these notions do explanatory work because they too refer to actions that are in progress, albeit in their infancy. If this is right, than the notion of 'doing' will also be too inclusive for the purposes of the criminal law. I argue that we should draw the reverse conclusion: the distinctions between pure intending, trying, preparing, and doing serve an important purpose in the criminal law, and this fact lends support to the view that they are genuine metaphysical and explanatory distinctions. (shrink)

This contribution reconstructs and assesses Gideon Yaffe’s claims in his book Attempts about what constitutes an attempt, what can count as evidence that an attempt has been made, whether abandonment is a genuine defense, and whether attempts should be punished less severely than completed crimes. I contrast Yaffe’s account of being motivated by an intention and the completion of an attempt in terms of the truth of the completion counterfactual with an alternative picture of attempts as temporally extended decision trees (...) that are complete insofar as the agent has progressed toward the final act in the tree. I suggest that this alternative scalar conception of attempt may provide a more plausible account of the defense of abandonment. I also raise questions about whether Yaffe has provided an adequate justification of his mix of luck skepticism about censure and luck realism about punishment. (shrink)

We enjoy first-person authority with respect to a certain class of actions: for these actions, we know what we are doing just because we are doing it. This paper first formulates an epistemological principle that captures this authority in terms of trying to act in a way that one has the capacity to act. It then considers a case of effortful action – running a middle distance race – that threatens this principle. And proposes the solution of changing the metaphysics (...) of action: one can keep hold of the idea that we have first-person authority over what we are doing by adopting a disjunctive account of action. (shrink)

This paper attacks an old dogma in the philosophy of action: the idea that in order to intend to do something one must believe that there is at least some chance that one will succeed at what one intends. I think that this is a mistake, and that recognizing this will force us to rethink standard accounts of what it is to intend to do something and to do it intentionally.

I argue that the neural realizers of experiences of trying are not distinct from the neural realizers of actual trying . I then ask how experiences of trying might relate to the perceptual experiences one has while acting. First, I assess recent zombie action arguments regarding conscious visual experience, and I argue that contrary to what some have claimed, conscious visual experience plays a causal role for action control in some circumstances. Second, I propose a multimodal account of the experience (...) of acting. According to this account, the experience of acting is a temporally extended, co-conscious collection of agentive and perceptual experiences, functionally integrated and structured both by multimodal perceptual processing as well as by what an agent is, at the time, trying to do. (shrink)

Critical Notice of Causing Actions by Paul Pietroski,.

This paper defends the autonomy thesis, which holds that one can intend to do something even though one believes it to be impossible, against attacks by Fred Adams. Adams denies the autonomy thesis on the grounds that it cannot, but must, explain what makes a particular trying, a trying for the aim it has in view. If the autonomy thesis were true, it seems that I could try to fly across the Atlantic ocean merely by typing out this abstract, a (...) palpable absurdity. If we deny the autonomy thesis, we have an easy explanation: one simply cannot try to do something which one believes to be impossible. In response, I argue, first, by means of examples, that one clearly can try and intend to do what one believes to be impossible; and then l show how we can provide an answer to Adams’s challenge even so. (shrink)

This paper defends the action-theory of the Will, according to which willing G is doing F (F≠G) in order to make G happen. In a nutshell, willing something is doing something else in order to bring about what we want. -/- I argue that only the action-theory can reconcile two essential features of the Will. (i) its EFFECTIVITY: willing is closer to acting than desiring. (ii) its FALLIBILITY: one might want something in vain. The action-theory of the will explains EFFECTIVITY (...) by claiming that each time one wants G, one accomplishes the action of doing F ( it is argued following Von Wright that every action has a result as a proper part, here F). And the action-theory explains FALLIBILITY by claiming that although willing G entails making some F happen –the result of the action of willing–, it does not entail that G –the intended consequence of our willing– will happen. -/- By contrast, behaviorist accounts of the will (which merely equate willing with an action) captures its EFFECTIVITY but loose its FALLIBILITY. And volitionist accounts (which introduce naked volitions lacking any essential results) capture the FALLIBILITY of the will, but loose its EFFECTIVITY. -/- I consider disjunctivist accounts of trying (such as O'Shaughnessy and Hornsby's ones) as an alternative way to reconcile EFFECTIVITY and FALLIBILITY. I argue that though the view manages to reconcile these two constraints, it does so only at the price of gerrymandering the concept of willing (or trying): failed tryings end up having nothing in common with successful ones. -/- I then address three objections to the action-theory of the will, to the effect (i) that not all actions have a result (ii) that total failures are possible (iii) that willing is more fundamental than acting. I argue in answer (i) that all actions have results (results which can be irrelevant to the production of the goal, or which can be merely mental images), (ii) that total failures do not correspond to acts of will, but to mere desires or wishes, and (iii) that given the possibility of basic actions, acting has to be more fundamental than willing (and trying). (shrink)

An object being non-art appears only trivially informative. Some non-art objects, however, could be saliently 'almost' art, and therefore objects for which being non-art is non-trivially informative. I call these kinds of non-art objects 'failed-art' objects—non-art objects aetiologically similar to art-objects, diverging only in virtue of some relevant failure. I take failed-art to be the right sort of thing, to result from the right sort of action, and to have the right sort of history required to be art, but to (...) be non-art by having failure where being art requires success. I assume that for something to be art that thing must be the product of intention-directed action. I then offer an account of attempts that captures the success conditions governing the relationship between intention-directed actions and their products. From this, I claim that to be failed-art is to be the product of a failed art-attempt, i.e., to be non-art as the result of the particular way in which that art-attempt failed. An art-attempt I take to be an attempt with success conditions, that, if satisfied, entail the satisfaction of the conditions for being art—whatever those may be. To be art, then, is to be the product of a successful art-attempt. As such, any art theory incompatible with my account of failed-art is an art theory for which the notions of success and failure do not matter, and therefore an art theory for which being art needn't be substantively intention-dependent. So, any theory of art unable to accommodate my account of failed-art is _ipso facto_ false. (shrink)