According to what I call the reductive standard-causal theory of agency, the exercise of an agent's power to act can be reduced to the causal efficacy of agent-involving mental states and events. According to a non-reductive agent-causal theory, an agent's power to act is irreducible and primitive. Agent-causal theories have been dismissed on the ground that they presuppose a very contentious notion of causation, namely substance-causation. In this paper I will assume, with the proponents of the agent-causal approach, that substance-causation (...) is possible, as I will argue against that theory on the ground that it fails as a theory of agency. I will argue that the non-reductive agent-causal theory fails to account for agency, because it fails to account for agential control: it cannot explain why the stipulated irreducible relation between the agent and an action constitutes the agent's exercise of control over the action. This objection, I will argue, applies to the agent-causal theory in particular, and to the non-reductive approach in general. (shrink)

What is self-control and how does the concept of self-control relate to the notion of will-power? A widespread philosophical opinion has been that the notion of will-power does not add anything beyond what can be said using other motivational notions, such as strength of desire and intention. One exception is Richard Holton who, inspired by recent research in social psychology, has argued that will-power is a separate faculty needed for persisting in one's resolutions, what he calls 'strength of will'. However, (...) he distinguishes strength of will from self-control. In this paper I argue that will-power is essential also to a certain form of self-control. I support this claim by arguments showing that the traditional philosophical accounts of self-control run into difficulties because they pay insufficient attention to will-power as an independent source of motivation. (shrink)

The autonomous person is one who has, in some sense, mastery over their desires. The prevailing way to understand such personal autonomy is in terms of a hierarchy of desires. For Harry Frankfurt, persons not only have first-order desires, but possess the additional capacity to form second-order desires. Second-order desires are formed through reflection on first-order desires and are thus expressive of the rational capacity which is characteristic of persons. Frankfurt's account of freedom of the will is founded on his (...) analysis of persons. It is only because persons possess second-order desires, resulting from their capacity for rational evaluation of first-order desires, that persons (and not those Frankfurt calls 'wantons') are well placed to possess freedom of will. Various objections have been raised in the literature against such second-order desire accounts of freedom of the will or autonomy. In my article, I raise the problem of instrumental second-order desires. I discuss the forms instrumental second-order desires can take and attempt to show that these cannot be the second-order desires that Frankfurt has in mind in his account. I then extend my critique by looking at non-instrumental second-order desires. I consider various forms which non-instrumental second-order desires can take and advance the argument that Frankfurt cannot have second-order desires such as these in mind either. Finally, I note that none of the suggestions considered will deliver a second-order desire account of autonomy, and that it is baffling just what Frankfurt does have in mind. (shrink)

Externalism is the view that facts about one's history or past in the external world that bear on the acquisition of one's responsibility-grounding psychological elements are pertinent to whether one's actions are free and, hence, pertinent to whether one can be morally responsible for them. Internalism is the thesis that the conditions of moral responsibility can be specified independently of facts about how the person acquired her responsibility-grounding psychological elements. In this paper we defend a position that navigates between externalism (...) and internalism: moral responsibility does not require that one have a past but it does require that one not have certain kinds of past. (shrink)

Psychopaths are agents who lack the normal capacity to feel moral emotions (e.g. guilt based on empathy with the victims of their actions). Evidence for attributing psychopathy at least in some cases to genetic or early childhood causes suggests that psychopaths lack free will. However, the paper defends a sense in which psychopaths still may be construed as responsible for their actions, even if their degree of responsibility is less than that of normal agents. Responsibility is understood in Strawsonian terms, (...) as a question of our appropriate reactive attitudes toward an agent for what she does, and as distinct from the question of the agent's own motivating attitudes, which lead him to do what he does. The latter is the question more directly relevant to free will, though moral motivation normally depends on the capacity in early childhood to pick up motivating attitudes from others' reactive attitudes. Reactive attitudes based on hatred rather than anger (e.g. disgust or contempt) count as alternative forms of blame that may be appropriately directed toward agents manifesting bad qualities of will, even as a matter of motivational impairment. So psychopaths may still be said to deserve blame, even if they are incapable of modifying their behavior in response to blame. (shrink)

It has been argued - most prominently in Harry Frankfurt's recent work - that the normative authority of personal commitments derives not from their intrinsic worth but from the way in which one's will is invested in what one cares about. In this essay, I argue that even if this approach is construed broadly and supplemented in various ways, its intrasubjective character leaves it ill-prepared to explain the normative grip of commitments in cases of purported self-betrayal. As an alternative, I (...) sketch a view that focuses on intersubjective constraints of intelligibility built into social practices and on the pragmatics of how those norms are contested in an ongoing fashion. (shrink)

In this paper we raise three questions of clarification about Alfred Mele's fine recent book, Free Will and Luck. Our questions concern the following topics: (i) Mele's combination of 'luck' and 'Frankfurt-style' objections to libertarianism, (ii) Mele's stipulations about 'compatibilism' and the relation between questions about free action and questions about moral responsibility, and (iii) Mele's treatment of the Consequence Argument.

Psychopathy involves impaired capacity for prudential and moral reasoning due to impaired capacity for empathy, remorse, and sensitivity to fear-inducing stimuli. Brain abnormalities and genetic polymorphisms associated with these traits appear to justify the claim that psychopaths cannot be morally responsible for their behavior. Yet psychopaths are capable of instrumental reasoning in achieving their goals, which suggests that they have some capacity to respond to moral reasons against performing harmful acts and refrain from performing them. The cognitive and affective impairment (...) of the psychopath justifies mitigated responsibility, but not excuse. (shrink)

In this article I propose a resolution to the history issue for responsible agency, given a moderate revisionist approach to responsibility. Roughly, moderate revisionism is the view that a plausible and normatively adequate theory of responsibility will require principled departures from commonsense thinking. The history issue is whether morally responsible agency – that is, whether an agent is an apt target of our responsibility-characteristic practices and attitudes – is an essentially historical notion. Some have maintained that responsible agents must have (...) particular sorts of histories, others have argued that no such history is required. Resolution of this contentious issue is connected to a wide range of concerns, including the significance and culpability of different forms of manipulation, the plausibility of important incompatibilist criticisms of compatibilism, and of course, a satisfactory account of moral responsibility. As it turns out, history matters sometimes, but less frequently than we might think. (shrink)

.... The strategy I have defended involves drawing a distinction between those who can and cannot legitimately hold an agent responsible in circumstances when the agent is being covertly controlled (e.g. through implantation processes). What is intuitively unacceptable, I maintain, is that an agent should be held responsible or subject to reactive attitudes that come from another agent who is covertly controlling or manipulating him. This places some limits on who is entitled to take up the participant stance in relation (...) to agents who are rational self-controllers but nevertheless subject to covert control.26 In this way, what is compromised by conditions of covert control is not the responsibility of the agent as such. It is, rather, the participant stance of those other agents who covertly control him. Clearly it is possible to establish these specific limits on who can hold these agents responsible without denying that the agents themselves remain free and responsible. When we take this approach we will find that we are no longer faced with an unattractive choice between simply “biting the bullet” or having to “spit it out”. All we need to do is chew carefully, until there is nothing left that we find too hard to swallow. (shrink)

“Free Will” is a philosophical term of art for a particular sort of capacity of rational agents to choose a course of action from among various alternatives. Which sort is the free will sort is what all the fuss is about. (And what a fuss it has been: philosophers have debated this question for over two millenia, and just about every major philosopher has had something to say about it.) Most philosophers suppose that the concept of free will is very (...) closely connected to the concept of moral responsibility. Acting with free will, on such views, is just to satisfy the metaphysical requirement on being responsible for one's action. (Clearly, there will also be epistemic conditions on responsibility as well, such as being aware—or failing that, being culpably unaware—of relevant alternatives to one's action and of the alternatives' moral significance.) But the significance of free will is not exhausted by its connection to moral responsibility. Free will also appears to be a condition on desert for one's accomplishments (why sustained effort and creative work are praiseworthy); on the autonomy and dignity of persons; and on the value we accord to love and friendship. (See Kane 1996, 81ff. and Clarke 2003, Ch.1.). (shrink)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

Two intuitions lie at the heart of our conception of free will. One intuition locates free will in our ability to deliberate effectively and control our actions accordingly: the ‘Deliberation and Control’ (DC) condition. The other intuition is that free will requires the existence of alternative possibilities for choice: the AP condition. These intuitions seem to conflict when, for instance, we deliberate well to decide what to do, and we do not want it to be possible to act in some (...) other way. I suggest that intuitions about the AP condition arise when we face ‘close calls,’ situations in which, after deliberating, we still do not know what we really want to do. Indeed, several incompatibilists suggest such close calls are necessary for free will. I challenge this suggestion by describing a ‘confident agent’ who, after deliberating, always feels confident about what to do (and can then control her actions accordingly). Because she maximally satisfies the DC condition, she does not face close calls, and the intuition that the AP condition is essential for free will does not seem to apply to her. I conclude that intuitions about the importance of the AP condition rest on our experiences of close calls and arise precisely to the extent that our deliberations fail to arrive at a clear decision. I then raise and respond to several objections to this thought experiment and its relevance to the free will debate. (shrink)

Mele's ultimate purpose in this book is to help readers think more clearly about free will. He identifies and makes vivid the most important conceptual obstacles to justified belief in the existence of free will and meets them head on. Mele clarifies the central issues in the philosophical debate about free will and moral responsibility, criticizes various influential contemporary theories about free will, and develops two overlapping conceptions of free will--one for readers who are convinced that free will is incompatible (...) with determinism (incompatibilists), and the other for readers who are convinced of the opposite (compatibilists). Luck poses problems for all believers in free will, and Mele offers novel solutions to those problems--one for incompatibilist believers in free will and the other for compatibilists. An early chapter of this empirically well-informed book clearly explains influential neuroscientific studies of free will and debunks some extravagant interpretations of the data. Other featured topics include abilities and alternative possibilities, control and decision-making, the bearing of manipulation on free will, and the development of human infants into free agents. Mele's theory offers an original perspective on an important problem and will garner the attention of anyone interested in the debate on free will. (shrink)

This paper raises a pair of objections to the novel libertarian position advanced in Robert Kane's recent book, The Significance of Free Will.The first objection's target is a central element in Kane's intriguing response to what he calls the "Intelligibility" and "Existence" questions about free will. It is argued that this response is undermined by considerations of luck.The second objection is directed at a portion of Kane's answer to what he calls "The Significance Question" about free will: "Why do we, (...) or should we, want to possess a free will that is incompatible with determinism? Is it a kind of freedom 'worth wanting'... and, if so, why?" A desire for "objective worth" has a featured role in his answer. However, a compatibilist can have that desire. (shrink)

This paper responds to three critical essays on my book, The Significance of Free Will(Oxford, 1996) by Randolph Clarke, Istiyaque Haji and Alfred Mele (which essays appear in this issue and an earlier issue of this journal). This response first explains crucial features of the theory of free will of the book, including the notion of ultimate responsibility.The paper then answers objections of Haji and Mele that the occurrence of undetermined choices would be matters of luck or chance, and so (...) could not be responsible actions. It then responds to concerns of Clarke that indeterminism provides no greater degree of control for defenders of incompatibilist free will and to concerns Clarke has about the notions of "effort" and "willing" in the book. Finally, the paper addresses objections of Haji concerning Frankfurt type-examples and the relation of moral responsibility to the power to act otherwise, and it addresses a concern of Mele's about why we should want a free will that is incompatible with determinism. (shrink)

I assess Robert Kane's view that global Frankfurt-type cases don't show that freedom to do otherwise is never required for moral responsibility. I first adumbrate Kane's indeterminist account of free will.This will help us grasp Kane's notion of ultimate responsibility, and his claim that in a global Frankfurt-type case, the counterfactual intervener could not control all of the relevant agent's actions in the Frankfurt manner, and some of those actions would be such that the agent could have done otherwise. Appealing (...) to considerations of responsibility and luck, I then show that the global cases survive Kane's objections. (shrink)

: On a standard libertarian account of free will, an agent acts freely on some occasion only if there remains, until the action is performed, some chance that the agent will do something else instead right then. These views face the objection that, in such a case, it is a matter of luck whether the agent does one thing or another. This paper considers the problem of luck as it bears on agent‐causal libertarian accounts. A view of this type is (...) defended against a recent and challenging version of the argument from luck. (shrink)

This paper examines the libertarian account of free choice advanced by Robert Kane in his recent book, The Significance of Free Will. First a rather simple libertarian view is considered, and an objection is raised against it the view fails to provide for any greater degree of agent-control than what could be available in a deterministic world. The basic differences between this simple view and Kane's account are the requirements, on the latter, of efforts of will and of an agent's (...) wanting more to do a certain thing than he wants to do anything else. It is argued here that neither of these features yields any improvement over the simple libertarian view; neither helps to meet the objection that was raised against the simple view. Finally, it is suggested that a modest defense of that view might be available. (shrink)

Galen Strawson has published several versions of an argument to the effect that moral responsibility is impossible, whether determinism is true or not. Few philosophers have been persuaded by the argument, which Strawson remarks is often dismissed “as wrong, or irrelevant, or fatuous, or too rapid, or an expression of metaphysical megalomania.” I offer here a two-part explanation of why Strawson’s argument has impressed so few. First, as he usually states it, the argument is lacking at least one key premise. (...) The premise in question concerns the very point on which Strawson and many of his contemporary opponents disagree. Strawson will persuade these opponents only when he convinces them of the truth of this crucial premise. Second, Strawson employs a striking conception of responsibility that has not generally been remarked upon. Many might accept that responsibility so conceived is impossible. But there is very different conception of responsibility that appears of great importance to us. To be thoroughly convincing, Strawson will have to show either that this second conception is inadequate or that his argument goes through even given this alternative conception. (shrink)

Contrary to philosophical tradition, modern theorists of the mind have often downplayed the importance of consciousness. Instead, they have accounted for the mind in terms of phenomena like mechanisms, dispositions, abilities and even environmental features. One of many inspirations for this trend is a series of passages of the later Wittgenstein. These passages discuss a variety of specific mental phenomena, like searching, comparing, understanding and reading. The passages have often been taken them to show that one may exemplify any of (...) the phenomena at issue without being in any particular type of conscious state. I claim that the passages do not support this conclusion, and that the conclusion is, arguably, false. My conclusion is that consciousness may be a more important aspect of the mind than is supposed by many contemporary theorists--both Wittgensteinians and others. (shrink)

In this essay, I assess what I call the “Duty View,” subtly articulated and defended by Victor Tadros in Wrongs and Crimes. According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the ground that wrongdoers’ duties are being legitimately enforced. I argue that, while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection against future offenses, (...) and I offer a comparative evaluation of the Duty View and an alternative approach, which I call the “Desert Plus View.” The Desert Plus View shares some of the key commitments of the Duty View, such as the rejection of the intrinsic goodness of wrongdoers getting what they deserve. More positively, however, according to the Desert Plus View, the fact that people are deserving can, together with certain additional conditions, such as the need for protection of its citizens, provide a reason for the state to give them what they deserve. (shrink)

The problem of luck is advanced and defended against libertarian theories of responsibility-enabling ability. An outline of an account of ability is articulated to explore some features of the sort of ability moral responsibility requires. The account vindicates the luck objection and suggests a novel puzzle: Libertarianism is structurally barred from answering the problem of luck because responsibility requires, but inherently lacks, an explanation from reason states to actions that preserves reliability of connection between responsibility-grounding reasons-sensitivity and action.

Free will sceptics claim that we lack free will, i.e. the command or control of our conduct that is required for moral responsibility. There are different conceptions of free will: it is sometimes understood as having the ability to choose between real options or alternatives; and sometimes as being the original or true source of our own conduct. Whether conceived in the first or in the second way, free will is subject to strong sceptical arguments. However, free will sceptics face (...) a difficulty: doubting the existence of free will might itself be problematic, whether free will exists or not. Three main considerations are offered in support of this claim. Firstly, it is said that free will sceptics confuse contexts: even if they are right to doubt the existence of free will in the philosophy classroom, they are wrong to do so in other contexts, such as day-to-day interactions or a court of law. Secondly, it is said that free will scepticism is incompatible with inescapable and indispensable human practices such as practical deliberation or moral criticism and evaluation. For, to deliberate about what to do, we must presume that we have true options or alternatives. And to judge that some human practices are wrong, we need to assume the existence of moral responsibility. Thirdly, free will scepticism is sometimes said to be self-defeating, on the grounds that it cannot be rational to believe free will scepticism, because free will is required for rationality. This thesis critically assesses these arguments. None takes free will scepticism down, but all are instructive about how not to be a sceptic. They trace the ‘contours’ of free will scepticism by discrediting some conceptions of free will and some arguments for free will scepticism. (shrink)

Natural compatibilists say that moral responsibility is compatible with natural (or causal) determinism, where natural events and laws of nature determine everything that happens. Theological compatibilists say that moral responsibility is compatible with theological determinism, where God (rather than natural events/laws) determines everything that happens. Some philosophers accept natural compatibilism but reject theological compatibilism, and, in this chapter, I argue that this combination of views is untenable I start with a discussion of why someone might be attracted to this combination (...) of views in the first place, which includes a discussion of the manipulation argument against compatibilism. Some natural compatibilists endorse “soft-line” responses to this argument—responses which imply theological incompatibilism. I argue that such “soft-line” approaches cannot succeed, and along the way I argue that their failure undermines Jason Turner’s recent compatibilist free will defense (in response to the problem of evil). I wrap up by considering some implications of my conclusion that natural compatibilists should be theological compatibilists, including whether my conclusion highlights the “cost” of compatibilism, as proponents of manipulation arguments sometimes allege, and also whether anything follows with regard to God’s standing to blame determined human agents. (shrink)

This article articulates and defends an indeterministic weightings model of libertarian free will. It begins by defining the conception of free will at issue and then goes on to present versions of the luck objection which is often made against theories of LFW. It is argued that the sort of indeterministic weightings model of LFW which has been defended in the recent literature by Storrs McCall and E.J. Lowe and John Lemos has the resources to answer such luck objections while (...) possessing virtues which some other libertarian views lack. According to the indeterministic weightings model of LFW, in making undetermined free-willed choices between two courses of action, A or B, the reasons for choosing each option don’t come with pre-established evaluative weights. During the process of deliberation, the agent assigns weight in an undetermined way to the reasons for each option and this typically leads to the choice of the option that has been assigned a greater value. In the paper, it is not only argued that this theory can resolve worries about luck but also that the view has virtues which certain other libertarian views lack, as such the view is contrasted with the modest libertarian models of LFW from Daniel Dennett and Alfred Mele as well as Robert Kane’s view. (shrink)

Intuitively, the future is open and the past fixed: there is something we can do about the future but not the past. Some metaphysicians believe that a proper metaphysics of time must vindicate this intuition. Whereas philosophers have focused on the future and the past, the status of the present remains relatively unexplored. Drawing on resources from action theory, I argue that there is something we can do about the present just like there is something we can do about the (...) future. Hence, a proper metaphysics of the open future should allow for an open present as well. I argue that none of the major metaphysics of the open future currently available can accommodate an open present adequately. Finally, I’ll show that, surprisingly, the shrinking block metaphysics can. (shrink)

This article is part of a symposium on Alfred Mele’s Manipulated Agents: A Window to Moral Responsibility. It is Mele’s response to John Fischer, Ishtiyaque Haji, and Michael McKenna. Topics discussed include the bearing of manipulation on moral responsibility, the zygote argument, the importance of scenarios in which manipulators radically reverse an agent’s values, positive versus negative historical requirements for moral responsibility, the scope of moral responsibility, the value of intuitions, bullet-biting, and how we develop from neonates who are not (...) morally responsible for anything into morally responsible agents. A variety of scenarios featuring various kinds of manipulation are discussed. (shrink)

In this paper I explore various themes in Alfred Mele's Manipulated Agents: A Window to Moral Responsibility. I develop four points. First, I argue that Mele's historical requirement for moral responsibility for developed morally responsible agents should be coupled with a nonhistorical theory of initially developing agents. Second, I argue that one might resist Mele's negative historical requirement with a minimal positive historical requirement according to which an agent has a history wherein she did not undergo any responsibility-defeating events, like (...) being severely manipulated.Third, I also explore the idea that one who defended a nonhistorical view, such as Harry Frankfurt's, might rely on a different conception of what moral responsibility is. This might explain why some resisting Mele would not have the intuition that in certain cases a manipulated agent is not responsible. Finally, I question how we should think of the role of intuition in thought experiments figuring centrally in Mele's work. (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)

The situationist movement in social psychology has caused a considerable stir in philosophy. Much of this was prompted by the work of Gilbert Harman and John Doris. Both contended that familiar philosophical assumptions about the role of character in the explanation of action were not supported by experimental results. Most of the ensuing philosophical controversy has focused upon issues related to moral psychology and ethical theory. More recently, the influence of situationism has also given rise to questions regarding free will (...) and moral responsibility. There is cause for concern that a range of situationist findings are in tension with the reasons-responsiveness putatively required for free will and moral responsibility. We develop and defend a response to the alleged situationist threat to free will and moral responsibility that we call pessimistic realism. We conclude on an optimistic note, exploring the possibility of strengthening our agency in the face of situational influences. (shrink)

Taylor Cyr offers a novel argument against, as he puts it, “all versions of historicism” about direct moral responsibility. The argument features constitutive luck and a comparison of manipulated agents and young agents performing the first actions for which they are morally responsible. Here it is argued that Cyr’s argument misses its mark. Alfred Mele’s historicism is highlighted.

Some compatibilists are internalists. On their view, whether an agent is morally responsible for an action depends only on her psychological structure at that time. Other compatibilists are externalists. On their view, an agent’s history can make a difference as to whether or not she is morally responsible. In response to worries about manipulation, some internalists have claimed that compatibilism requires internalism. Recently, Alfred Mele has argued that this internalist response is untenable. The aim of this paper is to vindicate (...) the claim that compatibilism requires internalism, showing where Mele’s argument goes wrong along the way. (shrink)

In this paper I argue, contrary to recent literature, that it is unethical to create artificial agents possessing human-level intelligence that are programmed to be human beings’ obedient servants. In developing the argument, I concede that there are possible scenarios in which building such artificial servants is, on net, beneficial. I also concede that, on some conceptions of autonomy, it is possible to build human-level AI servants that will enjoy full-blown autonomy. Nonetheless, the main thrust of my argument is that, (...) in building such artificial agents, their creators cannot help but evince an objectionable attitude akin to the Aristotelian vice of manipulativeness. (shrink)

The aim of the Consequence Argument is to show that, if determinism is true, no one has, or ever had, any choice about anything. In the stock version of the argument, its two premisses state that no one is, or ever was, able to act so that the past would have been different and no one is, or ever was, able to act so that the laws of nature would have been different. This stock version fails, however, because it requires (...) an invalid inference rule. The standard response is to strengthen both premisses by replacing ‘would’ with ‘might’. While this response ensures validity, it weakens the argument, since it strengthens the premisses. I show that we can do better: We can keep the weak reading of one premiss and just strengthen the other. This provides two versions of the Consequence Argument which are stronger than the standard revision. (shrink)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

Against its prominent compatiblist and libertarian opponents, I defend Galen Strawson’s Basic Argument for the impossibility of moral responsibility. Against John Martin Fischer, I argue that the Basic Argument does not rely on the premise that an agent can be responsible for an action only if he is responsible for every factor contributing to that action. Against Alfred Mele and Randolph Clarke, I argue that it is absurd to believe that an agent can be responsible for an action when no (...) factor contributing to that action is up to that agent. Against Derk Pereboom and Clarke, I argue that the versions of agent-causal libertarianism they claim can immunize the agent to the Basic Argument actually fail to do so. Against Robert Kane, I argue that the Basic Argument does not rely on the premise that simply the presence of indeterministic factors in the process of bringing an action about is itself what rules out the agent’s chance for being responsible for that action. (shrink)

Some proponents of compatibilist moral responsibility have proposed an historical theory which requires that agents deploy character control in order to be morally responsible. An important type of argument for the character control condition is the manipulation argument, such as Mele’s example of Beth and Chuck. In this paper I show that Beth can be exonerated on various conditions other than her failure to execute character control—I propose a new character, Patty, who meets these conditions and is, I argue, morally (...) responsible for her actions despite lacking character control. Thus the character control condition is unmotivated. I suggest there may be an alternative basis for an historical theory of moral responsibility nonetheless. (shrink)

The aim of this article is to explore the impact of commercial marketing on personal autonomy. Several philosophers argue that marketing conflicts with ideals of autonomy or, at best, is neutral to these ideals. After qualifying our concept of marketing and introducing the distinctions between (i) divergent and convergent marketing and (ii) being autonomous and acting autonomously, we demonstrate the heretofore unnoticed positive impact of marketing on autonomy. Specifically, we argue that (i) convergent marketing has a significant potential to reinforce (...) autonomous action and (ii) divergent marketing has a significant potential to reinforce the state of being autonomous. (shrink)

From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental Act. (...) The medical conditions for being sentenced to forensic psychiatric care are supposed to be the same as those for being admitted to involuntary psychiatric care. What these conditions are is not regulated in any law. For the guidance of the courts and others, there is a collection of examples in the government bill drafting the legislation in question. On the basis of these examples the content of the concept of severe mental disorder is chiselled out. However, the purposes of imposing penal law sanction and admitting someone to psychiatric care are not the same, and therefore the content of the concept severe mental disorder is bound to differ accordingly. Severe mental disorder is a legal concept that masks as a psychiatric one. In its applications in penal law, the court determines its content. But for the forensic psychiatrist it is more natural to interpret the term as a medical one. This creates a tension that has led to several controversies in recent criminal cases in Sweden. The best way to alleviate the situation is to discard the concept of severe mental disorder from criminal law. This will allow for a better separation of the roles of the psychiatrist and the court. (shrink)

This article is a critical discussion of Derk Pereboom’s “disappearing agent objection” to event-causal libertarianism in his Free Will, Agency, and Meaning in Life. This objection is an important plank in Pereboom’s argument for free will skepticism. It is intended to knock event-causal libertarianism, a leading pro-free-will view, out of contention. I explain why readers should not find the objection persuasive.

In very general terms, an agent is a being with the capacity to act, and 'agency' denotes the exercise or manifestation of this capacity. The philosophy of action provides us with a standard conception and a standard theory of action. The former construes action in terms of intentionality, the latter explains the intentionality of action in terms of causation by the agent’s mental states and events. From this, we obtain a standard conception and a standard theory of agency. There are (...) alternative conceptions of agency, and it has been argued that the standard theory fails to capture agency. Further, it seems that genuine agency can be exhibited by beings that are not capable of intentional action, and it has been argued that agency can and should be explained without reference to causally efficacious mental states and events. Debates about the nature of agency have flourished over the past few decades in philosophy and in other areas of research. In philosophy, the nature of agency is an important issue in the philosophy of mind, the philosophy of psychology, the debates on free will and moral responsibility, in ethics, meta-ethics, and in the debates on the nature of reasons and practical rationality. For the most part, this entry focuses on conceptual and metaphysical questions concerning the nature of agency. In the final sections, it provides an overview of empirically informed accounts of the sense of agency and of various empirical challenges to the commonsense assumption that our reasons and our conscious intentions make a real difference to how we act. (shrink)

The compatibility of determinism and the ability to do otherwise has been implicitly assumed by many to be irrelevant to the viability of compatibilist responses to the manipulation argument for incompatibilism. I argue that this assumption is mistaken. The manipulation argument may be unsound. But even so, the manipulation argument, at the very least, undermines classical compatibilism, the view that free will requires the ability to do otherwise, and having that ability is compatible with determinism. This is because classical compatibilism, (...) in conjunction with any type of reply to the manipulation argument, has counterintuitive implications. In order to avoid such implications, we need not hold that determinism is incompatible with moral responsibility. But we must hold that determinism is incompatible with the ability to do otherwise. (shrink)

This paper explores the role trust plays in the context of health care partnerships where the preservation of autonomy is desired. The case of IN RE: Maria Isabel Duran is used as a focal point for discussion. I argue that within the context of collective decision making of the sort that occurs in health care relationships, trust is consistent with autonomous agency, provided the trust is relational, a property of a triadic relation between the patient and her partners in health (...) care, and between the patient and herself. Moreover, if it is the autonomy of the patient that drives the nature and the direction of her medical options, we must respect a medical ethic of informed consent and durable powers of attorney and the patient’s right of selfgovernance this ethic serves. At the foundation of trust in others and in oneself is respect. (shrink)