Three recent ‘state of the art’ Frankfurt cases are responded to: Widerker’s Brain-Malfunction-W case and Pereboom’s Tax Evasion cases (2 & 3). These cases are intended by their authors to resurrect the neo-Frankfurt project of overturning the Principle of Alternative Possibilities (PAP) in the teeth of the widespread acceptance of some combination of the WKG (Widerker-Kane-Ginet) dilemma, the Flicker of Freedom strategy and the revised PAP response (‘Principle of Alternative Blame’, ‘Principle of Alternative Expectations’). The three neo-Frankfurt cases of Pereboom (...) and Widerker shown to be insufficient for their intended purpose. Of central importance to any account of responsibility is that this applies at the level of the Right and not the Good. Arguments of Carlos Moya are expanded and augmented by considerations from Chisholm, Lucas, Dummett and Lockie (2003) to show that a number of severe problems remain for anyone attempting to resurrect the Frankfurt project. (shrink)

This article examines the free will problem as it arises within Thomas Hobbes' naturalistic science of morals in early modern Europe. It explains that during this period, the problem of moral and legal responsibility became acute as mechanical philosophy was extended to human psychology and as a result human choices were explained in terms of desires and preferences rather than being represented as acts of an autonomous faculty. It describes how Hobbes changed the face of moral philosophy, through his Leviathan, (...) in ways that still structure and resonate within the contemporary debate. (shrink)

Contrary to intuitions that human beings are free to think and act with “buck-stopping” freedom, philosophers since Holbach and Hume have argued that universal causation makes free will nonsensical. Contemporary neuroscience has strengthened their case and begun to reveal subtle and counterintuitive mechanisms in the processes of conscious agency. Although some fear that determinism undermines moral responsibility, the opposite is true: free will, if it existed, would undermine coherent systems of justice. Moreover, deterministic views of human choice clarify the conditions (...) in which we ought to protect people from themselves, for example when they cannot give informed consent to medical procedures. Some of the most unresolved questions in this domain are just now emerging; they include robot ethics and the responsibilities of groups. We propose a philosophical and scientific research program to apply complex systems science to these problems. (shrink)

P.F. Strawson famously argued that reactive attitudes and ordinary moral practices justify moral assessments of blame, praise, and punishment. Here we consider whether Strawson's approach can illuminate the concept of desert. After reviewing standard attempts to analyze this concept and finding them lacking, we suggest that to deserve something is to justifiably receive a moral assessment in light of certain criteria – in particular, eligibility criteria (a subject's properties that make the subject principally eligible for moral assessments) and assignment criteria (...) (particulars about the subject, act, and circumstances that justify assessments such as blame in a particular case). Strawson's analysis of the ordinary attitudes and practices of moral assessment hints at these criteria but does not unequivocally ground a notion of desert. Following Strawson's general naturalistic approach, we show that recent psychological research on folk concepts and practices regarding freedom, moral responsibility, and blame illuminates how people actually arrive at moral assessments, thus revealing the very eligibility criteria and assignment criteria we suggest ground a concept of desert. By pushing the Strawsonian line even further than Strawson did, by empirically investigating actual moral practice and folk understandings, we can illuminate desert and lend credence to Strawson's general anti-metaphysical position. (shrink)

Das Buch verschafft einen Überblick über die neuere Willensfreiheitsdebatte, wobei es auch die Konsequenzen der Hirnforschung für das Freiheitsproblem erörtert. Ferner entwickelt der Autor eine eigene Position, die er 'fähigkeitsbasierten Libertarismus' nennt. Er widerspricht dem breiten philosophischen Konsens, dass jedenfalls eine Art von Freiheit mit einem naturwissenschaftlichen Weltbild unverträglich sei, nämlich die Fähigkeit, sich unter gegebenen Bedingungen so oder anders zu entscheiden. Im Buch wird argumentiert, dass der libertarischen Freiheitsauffassung, die wir im Alltag alle teilen, bei näherer Betrachtung keine Tatschen (...) entgegenstehen, sondern nur philosophische Doktrinen. Zwar können wir durch unser Handeln keine Naturgesetze abändern und sind auch keine ersten Beweger, aber für ein So-oder-Anderskönnen bedarf es dessen nicht. (shrink)

In this paper I attempt to respond to the worries of the source incompatibilist, and try to sketch a naturalistically plausible, compatibilist notion of self-authorship and control that I believe captures important aspects of the folk intuitions regarding freedom and responsibility. It is my hope to thus offer those moved by source incompatibilist worries a reason not to adopt what P.F. Strawson called “the obscure and panicky metaphysics of Libertarianism” (P. F. Strawson, 1982) or the panic-inducing moral austerity of the (...) hard incompatibilist (Pereboom, 2001). I am well aware that many great minds have sunk their teeth into this problem and have not prevailed, but at the very least, I hope to become clearer on where the sticking points are. (shrink)

In this paper, we do three things. First, we put forth a novel hypothesis about judgments of moral responsibility according to which such judgments are a species of explanatory judgments. Second, we argue that this hypothesis explains both some general features of everyday thinking about responsibility and the appeal of skeptical arguments against moral responsibility. Finally, we argue that, if correct, the hypothesis provides a defense against these skeptical arguments.

Robert Kane's event-causal libertarian theory of free will has been subjected to a variety of criticisms. In response to the luck objection, he has provided an ambiguous answer which results in additional criticisms that are avoidable. I explain Kane's theory, the luck objection and Kane's reply to the problem of luck. I note that in some places he suggests that the dual wantings of agents engaged in self-forming actions (SFAs) provides the key to answering the luck objection, whereas in other (...) places he suggests that the dual willings or tryings of agents is the key. Various philosophers criticize Kane's view by focusing on his concept of the dual willings/tryings involved in SFAs. I argue that despite Kane's efforts to answer these criticisms, they still hold; but I also go on to argue that Kane can avoid these criticisms and also answer the luck objection by just focusing on the important role of the dual wantings in SFAs. (shrink)

Argument for fatalism attempts to prove that free choice is a logical or conceptual impossibility. The paper argues that the first two premises of the argument are sound: propositions are either true or false and they have their truth-value eternally. But the claim that from the fatalistic premises with the introduction of some innocent further premise dire consequences follow as regards to the possibility of free choice is false. The introduced premise, which establishes the connection between the first two premises (...) (which are about the nature of propositions) and the concept of free choice is not innocent. It creates the impression that the truth of certain propositions can somehow determine the occurrence of certain events. But no proposition can have such an effect since the counterfactuals If proposition P were true, event E would happen does not say anything about determination. The argument for fatalism is, however, not a boring sophism. It does reveal something about the nature of propositional representation. It shows that each proposition represents necessarily the fact what it represents, i.e. it shows that propositions have their truth conditions non-contingently. But from this nothing follows as regards to the contingent nature of the facts represented. On the bases of the first two premises of the argument for fatalism we cannot infer to the impossibility of free choice. The argument for fatalism should not be interpreted as an attempt to prove on purely logical or conceptual grounds that we do not have the ability to influence future events by our choices. But it could be used to show something about the nature of propositional representation. (shrink)

Roderick Chisholm had a profound effect on the shape of American epistemology. In this article, I not only give an account of the large‐scale structure of Chisholm's views but also say something about the place of Chisholmian themes in contemporary work. I thus present an understanding and an appreciation of Chisholm's contribution to epistemology by exhibiting a number of alternative developments of Chisholmian ideas that are currently under discussion.

In this article I examine the relation between causation and moral responsibility. I distinguish four possible views about that relation. One is the standard view: the view that an agent's moral responsibility for an outcome requires, and is grounded in, the agent's causal responsibility for it. I discuss several challenges to the standard view, which motivate the three remaining views. The final view – the view I argue for – is that causation is the vehicle of transmission of moral responsibility. (...) According to this view, although moral responsibility does not require causation, causation still grounds moral responsibility. (shrink)

The phenomenology of agency has, until recently, been rather neglected, overlooked by both philosophers of action and philosophers of consciousness alike. Thankfully, all that has changed, and of late there has been an explosion of interest in what it is like to be an agent. 1 This burgeoning field crosses the traditional boundaries between disciplines: philosophers of psychopathology are speculating about the role that unusual experiences of agency might play in accounting for disorders of thought and action; cognitive scientists are (...) developing models of how the phenomenology of agency is generated; and philosophers of mind are drawing connections between the phenomenology of agency and the nature of introspection, phenomenal character, and agency itself. My aim in this paper is not to provide an exhaustive survey of this recent literature, but to provide a.. (shrink)

The philosophical debate about free will and responsibility has been of great importance throughout the history of philosophy. In modern times this debate has received an enormous resurgence of interest and the contribution in 1962 by P.F. Strawson with the publication of his essay "Freedom and Resentment" has generated a wide range of discussion and criticism in the philosophical community and beyond. The debate is of central importance to recent developments in the free will literature and has shaped the way (...) contemporary philosophers now approach the problem. This volume brings together a focused selection of the major contributions and reactions to the free will and responsibility debate inspired by Strawson's contribution. McKenna and Russell also provide a comprehensive overview of the debate. (shrink)

The problem of freedom of the will and determinism is one of the most intriguing and difficult in the whole area of philosophy. It constüutes a paradox. If we look at ourselves, at our ability to deliberate and make moral choices, it seems obvious that we are free. On the other hand, if we look at what we believe about causality (i.e., that every event and thing must have a cause), then it appears that we do not have free wills (...) but are determined. Thus we seem to have inconsistent beliefs. In this paper I set forth and analyze the major contemporary arguments for free will and determinism as well as for compatibilism, the position that tries to combine insights from both theories. I end with a brief conclusion regarding my assessment of the status of the arguments. (shrink)

The problem of freedom and determinism has vexed philosophers for several millennia, and continues to be a topic of lively debate today. One of the proposed solutions to the problem that has received a great deal of attention is the Theory of Agent Causation. While the theory has enjoyed its share of advocates, and perhaps more than its share of critics, the theory’s advocates and critics have always agreed on one thing: the Theory of Agent Causation is an incompatibilist theory. (...) That is, both believers and nonbelievers in the theory have taken it for granted that the most plausible version of the Theory of Agent Causation is one according to which freedom and determinism are incompatible. In fact, so entrenched is this assumption that no one on either side of the debate has ever questioned it. Yet it turns out that this assumption is wrong – the most plausible version of the Theory of Agent Causation is a compatibilist one. (shrink)

I argue that dualism does not help assuage the perceived explanatory failure of physicalism. I begin with the claim that a minimally plausible dualism should only postulate a small stock of fundamental phenomenal properties and fundamental psychophysical laws: it should systematize the teeming mess of phenomenal properties and psychophysical correlations. I then argue that it is dialectically odd to think that empirical investigation could not possibly reveal a physicalist explanation of consciousness, and yet can reveal this small stock of fundamental (...) phenomenal properties and psychophysical laws. I go on to consider a couple of different forms the dualist's laws could take, and argue that one version makes no progress on the hard problem of consciousness, and the other replaces the hard problem with a different problem that is just as hard. (shrink)

The hypothesis of the mental state-causation of behavior asserts that the behaviors we classify as actions are caused by certain mental states. A principal reason often given for trying to secure the truth of the MSC hypothesis is that doing so is allegedly required to vindicate our belief in our own agency. I argue that the project of vindicating agency needs to be seriously reconceived, as does the relation between this project and the MSC hypothesis. Vindication requires addressing what I (...) call the agent-exclusion problem: the prima facie incompatibility between the intentional content of agentive experience and certain metaphysical hypotheses often espoused in philosophy. (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.

According to orthodoxy, the most fundamental kind of causation involves one event causing another event. I argue against this event‐causal view. Instead, the most fundamental kind of causation is thing causation, which involves a thing causing a thing to do something. Event causation is reducible to thing causation, but thing causation is not reducible to event causation, because event causation cannot accommodate cases of fine‐grained causation. I defend my view from objections, including C. D. Broad's influential “timing” argument, and I (...) conclude with implications for agent‐causal theories of free will. (shrink)

In this paper I argue that many scholars involved in the contemporary free will debates have underappreciated the philosophical appeal of agent causation because the resources of contemporary emergentism have not been adequately introduced into the discussion. Whereas I agree that agent causation’s main problem has to do with its intelligibility, particularly with respect to the issue of how substances can be causally relevant, I argue that the notion of substance causation can be clearly articulated from an emergentist framework. According (...) to my proposal, a free agent is _a causally powerful substance that emerges in an anomic way from her constitutive mental events_, downwardly constraining, selecting and, in this way, having control on them. As we shall see, this particular concept of agent causation not only makes sense of the deep insight behind agent libertarianism, but it also provides us with the resources to solve some of the main objections that have been raised against it. It is true that here I cannot develop a complete defense of the evidential credentials of emergentism. Still, even if the considerations that follow do not serve to convince detractors of agent causal libertarian accounts of free will, they do suggest that libertarian agent causation is more promising than is typically acknowledged. (shrink)

A proper examination shows that the existing definitions of free will are incomplete and implausible as, in addition of being partial, they involve various problems for why they fail to capture the idea of freedom in a true sense. In the present paper, the loopholes and incompleteness of these existing definitions have been identified. Besides, it has been argued in this paper that a complete and plausible definition of free will must contain both the surface freedom and the deeper freedom. (...) Even though such a complete and plausible definition of free will has not been found in the existing literature concerning free will and moral responsibility, this paper ends up with the expectation that such a definition of free will can be found soon. (shrink)

The objective of this work is to explore the notion of “action” and “agency” in artificial intelligence (AI). It employs a metaphysical notion of action and agency as an epistemological tool in the critique of the notion of “action” and “agency” in artificial intelligence. Hence, both a metaphysical and cognitive analysis is employed in the investigation of the quiddity and nature of action and agency per se, and how they are, by extension employed in the language and science of artificial (...) intelligence. The advent of the science of artificial intelligence and cognitive science, and the technological applications of artificial intelligence in the production of agents such as driverless cars and expert systems, have raised the question of moral, ethical and/or legal responsibility in AI agents. This has re-emphasized the importance of the philosophical discourse on the notions of action and agency, which in contemporary intellectual discourse are now perceived to be phenomena within the epistemic competence of the natural sciences. This paper argues that AI systems do not and cannot possess free agency and autonomy, thus cannot be morally and ethically responsible, hence, it recommends a socio-political response to the question of responsibility in AI. It is then the duty of individual nations, or the global community to define and enact policies on who shoulders the responsibility of actions executed by AIs. (shrink)

Sam Harris (2010) argues that, given our neurology, we can experience well-being, and that seeking to maximize this state lets us distinguish the good from the bad. He takes our ability to compare degrees of well-being as his starting point, but I think that the analysis can be pushed further, since there is a (non-religious) reason why well-being is desirable, namely the finite life of an individual organism. It is because death is a constant possibility that things can be assessed (...) as “for” or “against” one (Champagne 2011a; Smith 2000). Such an account lets us objectively adjudicate moral questions, as Harris desires. However, by anchoring itself in the mortal body as a whole and not just the brain, such an account dampens the claim that neuroscience would have all the answers. Moreover, it pivots on an affirmation of one’s life that can seem mysterious by regular scientific standards. This chapter thus explains why the trade-off is worthwhile. (shrink)

David Lewis’ contemplations regarding divine foreknowledge and free will, along with some of his other more substantial work on modal realism and his counterpart theory can serve as a springboard to a novel solution to the foreknowledge and metaphysical freedom puzzle, namely a proposal that genuine metaphysical freedom is compatible with determinism, which is quite different from the usual compatibilist focus on the compatibility between determinism and moral responsibility. This paper argues that while Lewis opens the doors to such a (...) possibility, in order to fully elucidate a genuinely metaphysical compatibilist account, Lewis’ own counterpart theory must be abandoned in favour of an account of trans-world identity that is theoretically framed by a modified version of Robert Nozick’s closest continuer theory. (shrink)

While there is a vast philosophical literature exploring the conditions under which it is appropriate to hold individuals morally responsible for their actions, relatively little attention has been paid to the related question of which kinds of individuals merit these responsibility ascriptions. Under normal circumstances, typical adult human beings are held morally responsible for their behaviour but infants and nonhuman animals are not. In this thesis, I aim to account for this difference. That is, I aim to give an analysis (...) of the concept of moral agency. In Chapter One, I begin with a schema of moral agency, under which moral agents are characterised by the possession of certain abilities, enabling certain actions, for which certain responses are warranted. The literature on moral responsibility offers many ways of filling in these details, primarily by specifying the relevant agential abilities in terms of various responsibility conditions. My aim in this chapter is to offer a basic account, under which moral agents are characterised by the simplest possible abilities while still being appropriate targets of the relevant responses, such as praise and blame. I draw on the work of Nomy Arpaly, whose account of moral responsibility identifies the relevant ability as the ability to act out of good or ill will. I offer an analysis of this ability, under which basic moral agency is characterised by the ability to have desires about others’ mental states. In Chapter Two, I consider a range of alternative responsibility conditions offered by other philosophers, each of which appears to be necessary for moral agency. I argue that these conditions are not necessary for a basic account of moral agency. In Chapter Three, I move beyond basic moral agency to offer a more restrictive account that aims to capture other important aspects of our moral lives: the practice of justification and our ability to improve our moral character. I claim these aspects are underpinned by the use of moral reasons to guide our behaviour, and in contrast to moral motivation, this guidance is characterised by the ability to have beliefs about the desirability of actions. In Chapter Four, I aim to answer two questions: at what age do humans become moral agents, and are there any nonhuman animals who are moral agents. I draw on the work of Josef Perner, who offers a three-stage framework of the development of mental representation during childhood. I consider the conceptual coherence of this framework, its applicability to both accounts of moral agency developed in the thesis, and the empirical evidence that bears on the framework. As a result, I tentatively conclude that basic moral agency develops at around 18 months of age and may be present in a few species of nonhuman animal, whereas the more restrictive type of moral agency developed in Chapter Three develops no earlier than around 3.5 years of age and is restricted to human beings. (shrink)

This paper argues that the account of teleology previously proposed by the authors is consistent with the physical determinism that is implicit across many of the sciences. We suggest that much of the current aversion to teleological thinking found in the sciences is rooted in debates that can be traced back to ancient natural science, which pitted mechanistic and deterministic theories against teleological ones. These debates saw a deterministic world as one where freedom and agency is impossible. And, because teleological (...) entities seem to be free to either reach their ends or not, it was assumed that they could not be deterministic. Mayr’s modern account of teleonomy adheres to this basic assumption. Yet, the seeming tension between teleology and determinism is illusory because freedom and agency do not, in fact, conflict with a deterministic world. To show this, we present a taxonomy of different types of freedom that we see as inherent in teleological systems. Then we show that our taxonomy of freedom, which is crucial to understanding teleology, shares many of the features of a philosophical position regarding free will that is known in the contemporary literature as ‘compatibilism’. This position maintains that an agent is free when the sources of its actions are internal, when the agent itself is the deterministic cause of those actions. Our view shows that freedom is not only indispensable to teleology, but also that, contrary to common intuitions, there is no conflict between teleology and causal determinism. (shrink)

On a standard philosophical conception, being autonomous is roughly equivalent to having some particular natural capacity. This paper provides argues that this conception is incorrect, or at least incomplete. The first chapter suggests that adopting an alternative conception of autonomy promises to resolve to several objections to the metaethical constitutivism, and so promises to provide highly desirable theory of moral reasons. The second chapter first motivates a broadly Kantian account of autonomous action, and then gives reasons to think that Kant's (...) own development of this theory runs into damaging action-theoretic problems. The way to address these problems, I argue, is to modify Kant's account of autonomy in a way that leaves no room for the standard conception of autonomy to do any work. (shrink)

We often talk and behave as if being a man required more than just being male, and being a woman required more than just being female. There are expectations that need to be met if someone wants to fully qualify as a man or a woman in their social environment, expectations regarding their behaviour as well as character. It is, however, not entirely obvious what ‘being a man’ or ‘being a woman’ actually means and in what way and to what (...) extent it defines our identity, making us who we are. Would I be a different person if I were a woman? And what would it take for me to be a woman? Could I conceivably be neither? Or both? If gender were nothing but sex, telling a man to ‘be a man’ would make little sense. We may have different ideas about what it means to be a man or woman and how we need to behave in order to secure or maintain our manhood or womanhood, but we are all likely to have some deeply ingrained understanding of what makes a man a man and a woman a woman that goes beyond mere biology. Does it, however, follow that gender can, if necessary or desired, be completely detached from sex, that I can be a woman despite having all the physical attributes of a male member of my species, or a man despite being biologically female? If so, on what grounds exactly would we decide who is what? (shrink)

Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced ‘ought’ implies ‘can’ (...) principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

A common compatibilist view says that we are free and morally responsible in virtue of the ability to respond aptly to reasons. Many hold a version of this view despite disagreement about whether free will requires the ability to do otherwise. The canonical version of this view is reductive. It reduces the pertinent ability to a set of modal properties that are more obviously compatible with determinism, like dispositions. I argue that this and any reductive view of abilities faces a (...) significant challenge: it cannot adequately explain the freedom-grounding element of this ability. The problem has the form of a dilemma. This leaves reasons-responsive compatibilists with two options: abandon theories of free will grounded in abilities or abandon reductive theories of abilities. (shrink)

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action occurs or (...) not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

Philosophical work on free will, contemporary as well as historical, is inevitably framed by the problem of free will and determinism. One of my goals in what follows is to give a feel for the main lines of that debate in philosophy today. I will also be outlining a particular perspective on free will. Many working philosophers consider themselves Compatibilists; the perspective outlined, building on a number of arguments in the recent literature, is a contemporary form of such a view. (...) It cannot, however, claim to be the contemporary philosophical perspective. There is no such thing. Against a background of the perennial problem of free will and determinism, through ongoing argument and debate, philosophers continue to try to work toward an understanding of precisely what it means for an action to be free. (shrink)

To address what I call the “Uniformity”, “Capriciousness”, and “Reducibility” objections, recent agent-causation theories hold that agent-causation is a type of substance causation. Substance causation consists in substances producing effects by exercising or manifesting their powers. Importantly, these versions of agent-causation assume a realist metaphysics of powers, where powers are properties of substances that can exist unmanifested. However, the realist theories of powers that agent-causal theories have relied upon explicitly hold that powers—rather than their substances—are causes. Substances are merely derivative (...) causes, as the bearers of powers. Critics therefore argue that agent-causation is reducible to causation by the agent’s powers. In this paper, I argue that agent-causation is reducible to causation by the agent’s powers only if powers are self-exemplifying properties. I also offer reasons for why powers—especially agent-causal powers—are non-self-exemplifying properties, in support of the irreducibility of agent-causation. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Explores five fault lines in the fledgling field of responsibility theory, serious methodological disputes traceable to P.F. Strawson's "Freedom and Resentment.".

Strong notions of free will are closely connected to the possibility to do otherwise as well as to an agent’s ability to causally influence her environment via her decisions controlling her actions. In this paper we employ techniques from the causal modeling literature to investigate whether a notion of free will subscribing to one or both of these requirements is compatible with naturalistic views of the world such as non-reductive physicalism to the background of determinism and indeterminism. We argue that (...) from a causal modeler’s perspective the only possibility to get both requirements consists in subscribing to reductive physicalism and indeterminism. (shrink)

A type of transcendental argument for libertarian free will maintains that if acting freely requires the availability of alternative possibilities, and determinism holds, then one is not justified in asserting that there is no free will. More precisely: if an agent A is to be justified in asserting a proposition P (e.g. "there is no free will"), then A must also be able to assert not-P. Thus, if A is unable to assert not-P, due to determinism, then A is not (...) justified in asserting P. While such arguments often appeal to principles with wide appeal, such as the principle that ‘ought’ implies ‘can’, they also require a commitment to principles that seem far less compelling, e.g. the principle that ‘ought’ implies ‘able not to’ or the principle that having an obligation entails being responsible. It is argued here that these further principles are dubious, and that it will be difficult to construct a valid transcendental argument without them. (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.

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Sometimes you make a choice. Whether or not you made it was up to you. The choice was free. But how can this be? A scientific view of the world may leave no room for free choice. Free will literature continually explodes. Yet experts still focus on control or on a power to do otherwise. Sadly, they neglect another intuitive feature of free will: being an underived source or ultimate originator. When acting freely, one is a self-determined, self-directed, sole author (...) of change. Surprisingly, though the literature is replete with this pre-theoretic feature of free will, virtually no one makes rigorous use of it when constructing arguments. Equipped with fresh research, this book contends that agent-causation—currently an unpopular theory—deserves serious reconsideration. Only agent-causation accounts for ultimate origination, and popular objections fail under rigorous scrutiny. This book is tightly argued. It challenges and deepens recent advances in free will scholarship made by Peter van Inwagen, Robert Kane, Carl Ginet, Randy Clarke, Stewart Goetz, Tim O’Connor, and others. (shrink)

Este texto tem como objetivo apresentar a principal motivação filosófica para se defender uma teoria causal da memória, que é explicar como pode um evento que se deu no passado estar relacionado a uma experiência mnêmica que se dá no presente. Para tanto, iniciaremos apresentando a noção de memória de maneira informal e geral, para depois apresentar elementos mais detalhados. Finalizamos apresentando uma teoria causal da memória que se beneficia da noção de veritação (truthmaking).

Deben distinguirse tres condiciones para la libertad humana: la realidad de la actividad de vivir de los individuos; la relevancia causal de los estados mentales; y, un irreductible aspecto subjetivo en vivir las cosas. Estas condiciones proveen una manera de describir la relación entre el cuerpo y el alma, tal que las condiciones se cumplen: primero, la realidad de la actividad implícitamente asume la identidad sustancial del cuerpo y el alma en cada actividad individual que existe como cuerpo. Segundo, existen, (...) sin embargo, diferencias formales fundamentales entre los estados mentales y los estados físicos de tales cuerpos, de manera que la dualidad de los estados poseídos por un individuo viviente tienen que ser reconocidos junto con la identidad sustancial de su cuerpo y alma. De ahí que la relevancia causal de los estados mentales para la ocurrencia de ciertas acciones pueda actuar como la marca peculiar de la libertad. Finalmente, la distinción entre la existencia objetivamente reconocible de estados y la posesión subjetiva de los mismos es la razón de que ciertas acciones no sean deducidas del conocimiento objetivo de la realidad, por muy completos que sean. Este argumento muestra que las acciones no pueden verse como la consecuencia lógica de los estados precedentes del mundo, aún si las acciones en cuestión fueron determinadas causal y completamente. Tal visión de las acciones es, no obstante, la justificación estándar de que la libertad sea incompatible con el determinismo. (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)

This paper examines the methodological claim made famous by P.F. Strawson: that we understand what features are required for responsible agency by exploring our attitudes and practices of holding responsible. What is the presumed metaphysical connection between holding responsible and being fit to be held responsible that makes this claim credible? I propose a non-standard answer to this question, arguing for a view of responsible agency that is neither anti-realist (i.e. purely 'conventionalist') nor straightforwardly realist. It is instead ‘constructivist’. On (...) the ‘Scaffolding View’ I defend, reactive attitudes play an essential role in developing, supporting, and thereby maintaining the capacities that make for responsible agency. While this view has relatively novel implications for a metaphysical understanding of capacities, its chief virtue, in contrast with more standard views, is providing a plausibly defensible account of how so-called responsible agents genuinely deserve to be treated as such. (shrink)

The terms ‘compatibilism’ and ‘incompatibilism’ were introduced in the mid-20th century to name conflicting views about the logical relationship between the thesis of determinism and the thesis that someone has free will. These technical terms were originally introduced within a specific research paradigm, the classical analytic paradigm. This paradigm is now in its final stages of degeneration and few free-will theorists still work within it (i.e. using its methods, granting its substantive background assumptions, etc.). This chapter discusses how the ambiguity (...) of the terms ‘incompatibilism’ and ‘compatibilism’ took root as the classical analytic paradigm declined and why this matters to the contemporary debate. Among other things, I explain why the ambiguity of these anachronistic terms, though relatively innocuous when they were first introduced, is now encouraging theorists to tolerate and perpetuate serious philosophical errors (e.g. to conflate relations as different in kind and importance as correlation and causation, to promote uncontentiously invalid arguments, and to equivocate in ways that keep the free-will debate mired in pseudo-stalemates). I also suggest a new framework for anyone looking for relief from the confusion and deadlock created by quixotic attempts to redefine classical narratives and jargon so that they adequately describe the dialectical contours of the contemporary free-will debate. In addition, this new framework allows philosophers to start cross-pollinating work on free will and other famous problems of luck and control, e.g. the paradox of moral luck. (To see the distinctions applied to the philosophical problems of causal luck, constitutive luck, and moral luck, please see my essay "Free Will, Self-Creation, and the Paradox of Moral Luck" (Midwest Studies in Philosophy, 2019). -/- . (shrink)

In this paper, I aim to make two general points. First, I claim that the discussions in Repetti (2017) assume different, sometimes conflicting, notions of free will, so the guiding question of the book is not as clear as it could be. Second, according to Buddhist tradition, the path to enlightenment requires rejecting the delusional belief in the existence of a persisting self. I claim that if there is no persisting self, there are no intentional actions; and, if there are (...) no intentional actions, there is no hope for Buddhist enlightenment. Thus, rejecting the allegedly delusional belief in a persisting self has disastrous consequences, both for the existence of intentional action and for Buddhist soteriology. (shrink)

The immediate aim of this paper is to articulate the essential features of an alternative compatibilist position, one that is responsive to sources of resistance to the compatibilist program based on considerations of fate and luck. The approach taken relies on distinguishing carefully between issues of skepticism and pessimism as they arise in this context. A compatibilism that is properly responsive to concerns about fate and luck is committed to what I describe as free will pessimism, which is to be (...) distinguished from free will skepticism. Free will skepticism is the view that our vulnerability to conditions of fate and luck serve to discredit our view of ourselves as free and responsible agents. Free will pessimism rejects free will scepticism, since the basis of its pessimism rests with the assumption that we are free and responsible agents who are, nevertheless, subject to fate and luck in this aspect of our lives. According to free will pessimism, all the major parties and positions in the free will debate, including that of skepticism, are modes of evasion and distortion regarding our human predicament in respect of agency and moral life. (shrink)