Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...) of the ability to do otherwise, provides a sufficiently robust account of free will, even when it is amended as Moore suggests. I argue that free will and responsibility can be defended more robustly by observing that, at the level of agency, there can be alternative possibilities and mental causation in a stronger sense than recognized by classical compatibilism, even if physical determinism is true. Moore’s arguments could thus be strengthened by embracing this compatibilist libertarian position. At the same time, I note that, although the idea of responsibility is robustly defensible, there are independent reasons for rejecting a retributivist approach to punishment. (shrink)

The Top-Down Argument for the ability to do otherwise aims at establishing that humans can do otherwise in the sense that is relevant for debates about free will. It consists of two premises: first, we always need to answer the question of whether some phenomenon (such as the ability to do otherwise) exists by consulting our best scientific theories of the domain at issue. Second, our best scientific theories of human action presuppose that humans can do otherwise. This paper argues (...) that this is not enough to establish the conclusion. The Top-Down Argument supports that humans can do otherwise _in some sense_. But it does not show that humans can do otherwise _in the sense that is relevant for debates about free will_. The paper then shows that the apparently best way to make the argument valid does not work. (shrink)

Compatibilist libertarianism claims that alternate possibilities for action at the agential level are consistent with determinism at the physical level. Unlike traditional compatibilism about alternate possibilities, involving conditional or dispositional accounts of the ability to act, compatibilist libertarianism offers us unqualified modalities at the agential level, consistent with physical determinism, a potentially big advance. However, I argue that the account runs up against two problems. Firstly, the way in which the agential modalities are generated talks past the worries of the (...) incompatibilist in the traditional free will problem. As such, it fails to dispel the worries that determinism generates for the incompatibilist. Secondly, in spite of the ingenious use of the supervenience thesis and multiple realizability, the position still allows us to generate the old worry that determinism at the physical level would mean no alternate possibilities at the level of agency. In particular, I develop a new example, the ‘atomic slit case’ that demonstrates how physical level information is salient to what is possible at the agential level, motivating incompatibilism. (shrink)

ABSTRACT Recently, many authors have argued that claims about determinism and free will are situated on different levels of description and that determinism on one level does not rule out free will on another. This paper focuses on Christian List’s version of this basic idea. It will be argued for the negative thesis that List’s account does not rule out the most plausible version of incompatibilism about free will and determinism and, more constructively, that a level-based approach to free will (...) has better chances to meet skeptical challenges if it is guided by reasoning at the moral level – a level that has not been seriously considered so far by proponents of this approach. (shrink)