I argue that free will is a nominal construct developed and deployed post hoc in an effort to provide cohesive narratives in support of a priori moral-judgmental dispositions. In a reversal of traditional course, I defend the view that there are no circumstances under which attributions of moral responsibility for an act can, should, or do depend on prior ascriptions of free will. Conversely, I claim that free will belief depends entirely on the apperceived possibility of moral responsibility. Orthodoxy dictates (...) an agency-first thesis, according to which free will is necessarily antecedent to moral responsibility. However, I present a number of arguments against this view, and in favor of an agency-last stance, according to which the concept of free will is dependent upon that of moral responsibility. I provide further support for my case in the form of new empirical evidence regarding the stable mode of inference used to attribute free will across moral contexts. These experimental results can be interpreted to imply the deflation of one of the longest-standing veridical paradoxes in experimental philosophy. Furthermore, the sole conceptual scheme found to be capable of modeling the experimental results is also capable of illuminating several classic works in the analytic philosophy of moral agency. (shrink)

People more frequently select norm-violating factors, relative to norm- conforming ones, as the cause of some outcome. Until recently, this abnormal-selection effect has been studied using retrospective vignette-based paradigms. We use a novel set of video stimuli to investigate this effect for prospective causal judgments—i.e., judgments about the cause of some future outcome. Four experiments show that people more frequently select norm- violating factors, relative to norm-conforming ones, as the cause of some future outcome. We show that the abnormal-selection effects (...) are not primarily explained by the perception of agency (Experiment 4). We discuss these results in relation to recent efforts to model causal judgment. (shrink)

Some theorists have argued that we should understand the notion of free will from a functional perspective: free will just is our ability to choose effectively and adaptively in an ever-changing environment. Although far from what many philosophers normally mean by free will, those who adopt this biological-evolutionary perspective can clearly define and defend a notion of personal responsibility. One consequenceof this point of view is that addicts become responsible for their actions, for at each choice point, there is a (...) real sense in which the addict could have elected not to use or abuse. As a result, it has been argued that addiction is not a disease, that addictive behavior is voluntary, and that sometimes it is even rational. This paper defends a different way of thinking about addiction, one that aligns it with other complex chronic illnesses. The perspective put forth here suggests that these discussions about responsibility and free will represent an over-simplified and neuropsychologically inaccurate portrait of basic human capacities for behavioral choice. (shrink)

Recent work in psychology and experimental philosophy has shown that judgments of actual causation are often influenced by consideration of defaults, typicality, and normality. A number of philosophers and computer scientists have also suggested that an appeal to such factors can help deal with problems facing existing accounts of actual causation. This article develops a flexible formal framework for incorporating defaults, typicality, and normality into an account of actual causation. The resulting account takes actual causation to be both graded and (...) comparative. We then show how our account would handle a number of standard cases. 1 Introduction2 Causal Models3 The HP Definition of Actual Causation4 The Problem of Isomorphism5 Defaults, Typicality, and Normality6 Extended Causal Models7 Examples7.1 Omissions7.2 Knobe effects7.3 Causes versus background conditions7.4 Bogus prevention7.5 Causal chains7.6 Legal doctrines of intervening causes7.7 Pre-emption and short circuits8 Conclusion. (shrink)

The Culpable Control Model assumes that causal judgments are irrational: a negative evaluative reaction to an agent would lead individuals to overestimate his causal contribution to a harm. However, the extent to which these judgments deviate from criteria of rationality remains unclear. The two present studies aimed at investigating conditions under which this effect occurs. Participants red a vignette in which the evaluative reaction was operationalized through the agent’s motives (blameworthy, laudable). We also varied the causal link between the agent’s (...) action and the outcome (strong, weak, preempted). In both studies, we found that negative motives influenced causal judgments when a strong action-outcome link could be established. In Study 2, we replicated the effect of motives on causal judgment in the weak link condition. However, participants consistently judged the agent as less causal when the link was weak (vs. strong), regardless of the agent’s motives. These findings show that both the presence and the strength of the actual causal link between the action and the outcome moderate the detrimental effect of negative evaluative reactions on causal judgments. Thus, common sense causal judgments seem to deviate relatively little from the criteria of rationality. (shrink)

Existing research has shown that norm violations influence causal judgments, and a number of different models have been developed to explain these effects. One such model, the necessity/sufficiency model, predicts an interac- tion pattern in people’s judgments. Specifically, it predicts that when people are judging the degree to which a particular factor is a cause, there should be an interaction between (a) the degree to which that factor violates a norm and (b) the degree to which another factor in the (...) situation violates norms. A study of moral norms (N = 1000) and norms of proper functioning (N = 3000) revealed robust evidence for the predicted interaction effect. The implications of these patterns for existing theories of causal judgments is discussed. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 293-314, December 2021.

Many philosophers and legal scholars believe that the principle of retribution can be employed as a basis for respecting the offender as a person and for imposing relatively soft sentences. This belief is inspired, at least to a certain extent, by the penal philosophy of Kant and Hegel. My aim in this article is to question this widely held belief, with my contention being that retributivists locate the basis of these normative considerations in the wrong place. It is not the (...) application of the principle of retribution that makes systems of criminal law fair and restrained, but rather the other way around: Only by restricting the application of the principle of retribution in various ways can we arrive at a system of penal law that is reasonable and just. These restrictions themselves are not retributive in nature, but are intended to keep the principle of retribution in check. To substantiate these claims, I discuss the views of an older generation of philosophers and scientists, specifically those of Sidgwick, Durkheim, Malinowski, and Piaget, and hold that these provide a fruitful basis for a better understanding of the principle of retribution. In the second part of the article, I investigate how this alternative understanding relates to the principles of proportionality and mens rea, while also making some clarifying remarks about the issue of moral luck. (shrink)

In the hopes of finding supporting evidence for various accounts of actual causation, many philosophers have recently turned to psychological findings about the influence of norms on counterfactual cognition. Surprisingly little philosophical attention has been paid, however, to the question of why considerations of normality should be relevant to counterfactual cognition to begin with. In this paper, I follow two aims. First, against the methodology of two prominent psychological accounts, I argue for a functional approach to understanding the selectivity of (...) counterfactual cognition. Second, I take some steps towards a systematic analysis by providing a qualitative, decision‐theoretic account of one important function of counterfactual thinking, namely, inferring, in the face of undesirable outcomes, corrective policies that prevent the occurrence of similar outcomes in future circumstances. I make a case for employing this analysis by (a) showing its value for assessing the rationality of imagination‐driven counterfactual generation, (b) highlighting its use for making sense of practices in history and policy analysis where counterfactual selection plays a central role, and (c) demonstrating its diagnostic value for identifying areas where counterfactual generation may lead us into epistemic and ethical troubles. (shrink)

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of a (...) blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

This thesis addresses philosophical problems concerning improper assertions. The first part considers the issue of defining lying: here, against a standard view, I argue that a lie need not intend to deceive the hearer. I define lying as an insincere assertion, and then resort to speech act theory to develop a detailed account of what an assertion is, and what can make it insincere. Even a sincere assertion, however, can be improper (e.g., it can be false, or unwarranted): in the (...) second part of the thesis, I consider these kinds of impropriety. An influential hypothesis maintains that proper assertions must meet a precise epistemic standard, and several philosophers have tried to identify this standard. After reviewing some difficulties for this approach, I provide an innovative solution to some known puzzles concerning the permissibility of false assertions. In my view, assertions purport to aim at truth, but they are not subject to a norm that requires speakers to assert a proposition only if it is true. (shrink)

Using structural equations and directed graphs, Christopher Hitchcock (2007a) proposes a theory specifying the circumstances in which counterfactual dependence of one event e on another event c is necessary and sufficient for c to count as an actual cause of e. In this paper, we argue that Hitchcock is committed to a widely-endorsed folk attribution desideratum (FAD) for theories of actual causation. We then show experimentally that Hitchcock’s theory does not satisfy the FAD, and hence, it is in need of (...) revision. (shrink)

Research in the psychology of causal thinking has frequently revealed effects of normative considerations on causal attributions, where participants tend to assign causality more strongly to agents who violate a norm in bringing about an outcome. Across several experiments, we show that it is possible to reverse this norm effect when the outcome in question is good rather than bad: in these cases, participants assign causality more strongly to a norm-conforming agent than to an agent who violates a norm. We (...) argue that this supports an explanation of the norm effect according to which it is due to a tendency to interpret statements of the form “X caused Y” or “X is the cause of Y” as assigning responsibility to X for bringing Y about. (shrink)

In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...) acknowledge that the arguments in its favor are far from conclusive; and some of the least confident concerning the arguments for moral responsibility—such as Van Inwagen—are most confident of the truth of moral responsibility. Thus, argues Waller, whatever the verdict on the strength of philosophical arguments for moral responsibility, it is clear that belief in moral responsibility—whether among philosophers or the folk—is based on something other than philosophical reasons. -/- He goes on to argue that there are several sources for the strong belief in moral responsibility, but the following four are particularly influential: First, moral responsibility is based in a powerful “strike back” emotion that we share with other animals. Second, there is a deep-rooted “belief in a just world”—a belief that, according to Waller, most philosophers reject when they consciously consider it, but which has a deep nonconscious influence on what we regard as just treatment and which provides subtle (but mistaken) support for belief in moral responsibility. Third, there is a pervasive moral responsibility system—extending over criminal justice as well as “common sense”—that makes the truth of moral responsibility seem obvious, and makes challenges to moral responsibility seem incoherent. Finally, there is the enormous confidence we have in the power of reason, which mistakenly leads us to believe that our conscious, rational, and critically reflective selves are constantly guiding our behavior in accordance with our deep values. -/- In these comments, I would like to discuss the many points of agreement I have with Waller, providing along the way additional fuel for his skeptical fire (i.e., his moral responsibility skepticism and his skeptical analysis of the source of our strong belief in moral responsibility). I will also discuss, however, my one main point of disagreement—i.e., his desire to preserve the conception of free will. Waller believes free will can “flourish” in the absence of moral responsibility (see Ch.8), while I maintain they that the variety of free will that is of central philosophical and practical importance is the sort required for moral responsibility in a particular but pervasive sense. This sense of moral responsibility is set apart by the notion of basic desert and is purely backward-looking and non-consequentialist (see Pereboom 2001, 2014; Caruso and Morris, forthcoming). Understood this way, the sort of free will at issue in the historical debate is a kind of power or ability an agent must possess in order to justify certain kinds of desert-based judgments, attitudes, or treatments in response to decisions or actions that the agent performed or failed to perform. (shrink)

In this dissertation I develop a pluralist theory of actual causation. I argue that we need to distinguish between total, path-changing, and contributing actual causation. The pluralist theory accounts for a set of example cases that have raised problems for extant unified theories and it is supported by considerations about the various functions of causal concepts. The dissertation also analyses the context-sensitivity of actual causation. I show that principled accounts of causal reasoning in legal inquiry face limitations and I argue (...) that the context-sensitivity of actual causation is best represented by a distinction between default and deviant states in causal models. (shrink)

In this paper, we consider three competing explanations of the empirical finding that people’s causal attributions are responsive to normative details, such as whether an agent’s action violated an injunctive norm—the intervention view, the bias view, and the responsibility view. We then present new experimental evidence concerning a type of case not previously investigated in the literature. In the switch version of the trolley problem, people judge that the bystander ought to flip the switch, but they also judge that she (...) is more responsible for the resulting outcome when she does so than when she refrains. And, as predicted by the responsibility view, but not the intervention or bias views, people are more likely to say that the bystander caused the outcome when she flips the switch. (shrink)

Within contemporary science, it is common practice to compare data points to the _average_, i.e., to the statistical mean. Because this practice is so familiar, it might at first appear not to be the sort of thing that requires explanation. But recent research in cognitive science gives us reason to adopt the opposite perspective. Research on the cognitive processes involved in people’s ordinary efforts to make sense of the world suggests that, instead of using a purely statistical notion of the (...) average, people tend to use a value-laden notion of the _normal_. This finding about ordinary cognition gives us reason to rethink certain familiar facts about scientific practice. In particular, it suggests that the fact that scientists so often make use of the statistical average should be seen as a highly surprising fact, the sort of thing that calls out for explanation. To understand it, we turn to work in the history of science, and especially to work on the ways in which the practice of science changed over the course of the 19th century. (shrink)