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)

In recent years, many incompatibilists have come to reject the traditional association of moral responsibility with alternative possibilities. Kevin Timpe argues that one such incompatibilist, Eleonore Stump, ultimately fails in her bid to sever this link. While she may have succeeded in dissociating responsibility from the freedom to perform a different action, he argues, she ends up reinforcing a related link, between responsibility and the freedom to act under a different mode. In this paper, I argue that Timpe’s response to (...) Stump exploits concessions she need not have made. The upshot is that, contrary to what Timpe maintains, there is no reason to doubt that Stump's brand of incompatibilism is a genuine alternative to the traditional variety. (shrink)

The Assimilation Argument purports to show that libertarians cannot plausibly distinguish supposed exercises of free will from random outcomes that nobody would count as exercises of free will. If this argument is sound, libertarians should either abandon their position or else concede that free will is a mystery. Drawing on a parallel with the Manipulation Argument against compatibilism, Christopher Franklin has recently contended that the Assimilation Argument is unsound. Here I defend the Assimilation Argument and the Rollback Argument, a second (...) challenge to libertarianism that Franklin rejects. My aim in doing so is to underscore the force of these challenges, and thereby to resist what appears to be an emerging trend in the literature. By not coming to grips with the kind of power that libertarians must secure, many writers have recently downplayed or dismissed the pressing worry for libertarianism. (shrink)

In this thesis, I will defend a new kind of compatibilist account of free action, indirect conscious control compatibilism (or indirect compatibilism for short), and argue that some of our actions are free according to it. My argument has three components, and involves the development of a brand new tool for experimental philosophy, and the use of cognitive neuroscience. The first component of the argument shows that compatibilism (of some kind) is a conceptual truth. Contrary to the current orthodoxy in (...) the free will literature, which is that our concept of free will is an incompatibilist concept - a concept according to which we have free will only if determinism is false - I will show that our concept of free will is in fact a compatibilist concept - a concept according to which we can have free will even if determinism is true - and I do so using a new experimental philosophy methodology inspired by two-dimensional semantics. -/- Of course, even if our concept of free will is a compatibilist concept, this does not mean that there are any free actions in the world: the current empirical evidence from the brain sciences appears to show that there might be no, or very few, free actions in the world, even on many compatibilist understandings of what it would take for there to be free will. The second component of the argument addresses this concern by extending our understanding of compatibilism. Agents act freely either when their actions are caused by compatibilistically acceptable psychological processes, or are indirectly caused by those same processes. Hence the name of my account: indirect compatibilism. -/- The final component of the argument defends my new account against some interesting objections and provides evidence from cognitive neuroscience that some of our actions count as free by the lights of indirect compatibilism. (shrink)

Some people endorse a view called incompatibilism, which states that free will is incompatible with determinism. No free action could possibly be determined, they think. More informatively, incompatibilists think it is impossible that someone’s freely acting be causally guaranteed to happen by things that occur before she freely acts. Some people hold a view called libertarianism, which states both that incompatibilism is true and that someone actually performs a free action. Other people reject incompatibilism. They hold to compatibilism, which is (...) the view that it is possible that previous happenings in the world could absolutely causally guarantee—that is, could cause in a deterministic way—that someone freely acts. In this chapter, I argue that libertarianism is, for the time being at least, the most sensible view. (shrink)

Wer der Frage nachgeht, was jemand tut, der geht – wenigstens implizit – auch der Frage nach, wer da etwas tut. Handlungen schreiben wir normalerweise Personen zu. Handeln zu können ist eine derjenigen Eigenschaften, die Personen auszeichnet. Die Analyse menschlichen Handelns geht mit der Frage einher, was menschliche Personen sind. Folgender Beitrag befasst sich mit dem Verhältnis von Handlung und Person innerhalb der kausalen Theorie des Handelns. Durch eine eingehende Analyse dieses weitverbreiteten Ansatzes zur Erklärung und Deutung menschlichen Handelns sollen (...) Implikationen für den Begriff des Handelnden herausgearbeitet werden. (shrink)

This paper proposes a contextualist solution to the puzzle about free will. It argues that the context-sensitivity of statements about freedom of the will follows from the correct analysis of these statements. Because the analysis is independently plausible, the contextualism is warranted not merely in virtue of its capacity to solve the puzzle.

The so-called “problem” of structure and agency is clearly related to the philosophical problem of free will and determinism, yet the central philosophical issues are not well understood by theorists of structure and agency in the social sciences. In this article I draw a map of the available stances on the metaphysics of free will and determinism. With the aid of this map the problem of structure and agency will be seen to dissolve. The problem of structure and agency is (...) sustained by a failure to distinguish between metaphysical and empirical senses of the relation between social structure and individual agency. The ramifications of this distinction are illustrated via a case study of competing explanations of perpetrator behavior in Christopher Browning’s and Daniel Goldhagen’s studies of the German Order Police in the Holocaust. (shrink)

According to agent-causal accounts of free will, agents have the capacity to cause actions, and for a given action, an agent could have done otherwise. This paper uses existing results and presents experimental evidence to argue that young children deploy a notion of agent-causation. If young children do have such a notion, however, it remains quite unclear how they acquire it. Several possible acquisition stories are canvassed, including the possibility that the notion of agent-causation develops from a prior notion of (...) obligation. Finally, the paper sets out how this work might illuminate the philosophical problem of free will. (shrink)

According to agent‐causal accounts of free will, agents have the capacity to cause actions, and for a given action, an agent could have done otherwise. This paper uses existing results and presents experimental evidence to argue that young children deploy a notion of agent‐causation. If young children do have such a notion, however, it remains quite unclear how they acquire it. Several possible acquisition stories are canvassed, including the possibility that the notion of agent‐causation develops from a prior notion of (...) obligation. Finally, the paper sets out how this work might illuminate the philosophical problem of free will. (shrink)

Timothy O’Connor has recently defended a version of libertarianism that has significant advantages over similar accounts. One of these is an argument that secures indeterminism on the basis of an argument that shows how causal determinism threatens agency in virtue of the nature of the causal relation involved in free acts. In this paper, I argue that while it does turn out that free acts are not causally determined on O’Connor’s view, this fact is merely stipulative and the argument that (...) he presents for this conclusion begs the question. (shrink)

Any satisfactory account of freedom must capture, or at least permit, the mysteriousness of freedom—a “sweet” mystery involving a certain kind of ignorance rather than a “sour” mystery of unintelligibility, incoherence, or unjustifiedness. I argue that compatibilism can capture the sweet mystery of freedom. I argue first that an action is free if and only if a certain “rationality constraint” is satisfied, and that nothing in standard libertarian accounts of freedom entails its satisfaction. Satisfaction of this constraint is consistent with (...) the universal causal predetermination of action (UCP). If UCP is true and the rationality constraint satisfied, there’s a sense in which our actions are explanatorily (though not necessarily causally) overdetermined. While it seems plausible (given UCP) that our actions are so overdetermined, it seems utterly mysterious why they should be so overdetermined. Compatibilism’s capacity to accommodate this mystery is a mark in its favor. (shrink)

In a recent book, The Problem of the Soul, Owen Flanagan discusses the Cartesian, or agent causation, view of free will. According to this view, when a person acts of his own free will his action is not caused by antecedent events but is caused by the agent himself, and in acting the agent acts as an uncaused cause. Flanagan argues at length that this view is false. In this article, I defend the agent causation view against Flanagan’s criticisms and (...) I go on to critically address his own ‘neo-compatibilist’ alternative to the agent causation view. In doing so, I hope to exhibit some common misconceptions about the nature of the agent causation view and to show that this is a view that deserves more serious consideration. (shrink)

In a recent book, The Problem of the Soul, Owen Flanagan discusses the Cartesian, or agent causation, view of free will. According to this view, when a person acts of his own free will his action is not caused by antecedent events but is caused by the agent himself, and in acting the agent acts as an uncaused cause. Flanagan argues at length that this view is false. In this article, I defend the agent causation view against Flanagan’s criticisms and (...) I go on to critically address his own ‘neo-compatibilist’ alternative to the agent causation view. In doing so, I hope to exhibit some common misconceptions about the nature of the agent causation view and to show that this is a view that deserves more serious consideration. (shrink)

The hermeneutical tradition represented by Yorck, Heidegger, and Gadamer has distrusted Dilthey as suffering from the two sins of modernism: scientific “positivism” and individualistic and aesthetic “romanticism.” On the one hand, Dilthey’s epistemology is deemed scientistic in accepting the priority of the empirical, the ontic, and consequently scientific inquiry into the physical, biological, and human worlds; on the other hand, his personalist ethos and Goethean humanism, and his pluralistic life- and worldview philosophy are considered excessively aesthetic, culturally liberal, relativistic, and (...) subjective. This essay involves two tasks in response to this negative evaluation of Dilthey that has shaped our current understanding of his philosophical project; first, an interpretation of the issues at stake in Heidegger’s reception of and struggles with Dilthey. These issues touch upon language, historicity, and the nature of hermeneutics. Second, by pursuing this task in light of Guignon’s interpretation of Dilthey and Heidegger, I hope to question and challenge the “overcoming” of Dilthey’s epistemic and life-philosophical hermeneutics in the “ontological” or “philosophical” hermeneutics of Heidegger. (shrink)

An agent who is the victim of covert and nonconstraining control is unaware of being controlled and controllers get their way by manipulating the victims so that they willingly do what the controllers desire. Our primary objective is to argue that if cases of CNC manipulation undermine compatibilist accounts of the sort of control required for moral responsibility, they also undermine various agent‐causal and non‐agent‐causal libertarian accounts as well.

We argue that animalism is the only materialist account of personal identity that can account for the autonomy that we typically think of ourselves as possessing. All the rival materialist theories suffer from a moral version of the problem of too many thinkers when they posit a human person that overlaps a numerically distinct human animal. The different persistence conditions of overlapping thinkers will lead them to have interests that conflict, which in many cases prevents them both from autonomously forming (...) and acting on the same intentions. These problems are exacerbated by problems of self-reference plaguing the overlapping thinkers. We contend that the impossibility of simultaneous autonomous action by animals and persons provides a reason to favor animalism over Neo-Lockeanism, Four-Dimensionalism, Constitution theory, and brain-size views of the person. We anticipate and reject arguments that the autonomy of the person and the animal can be shown to be compatible by relying upon either the Parfitian thesis that identity isn’t what matters or claiming that animals acquire the interests of the person they constitute. (shrink)

Cases involving clandestine manipulation pose a significant challenge to compatibilist conceptions of free will. But compatibilists often argue that they are not alone and that modest libertarian conceptions of free will are also susceptible to the problem. I take issue with this claim. I argue that agent-causal libertarian views are not susceptible to the problem. I then argue that the compatibilist cannot cite a relevant difference between agent-causal libertarian views and modest libertarian views. Therefore from a compatibilist's perspective modest libertarian (...) views are impervious to the problem of clandestine manipulation. (shrink)

Cases involving clandestine manipulation pose a significant challenge to compatibilist conceptions of free will. But compatibilists often argue that they are not alone and that modest libertarian conceptions of free will are also susceptible to the problem. I take issue with this claim. I argue that agent‐causal libertarian views are not susceptible to the problem. I then argue that the compatibilist cannot cite a relevant difference between agent‐causal libertarian views and modest libertarian views. Therefore from a compatibilist's perspective modest libertarian (...) views are impervious to the problem of clandestine manipulation. (shrink)

Famed so-called 'Frankfurt-type examples' have been invoked to cast doubt on the principle that a person is morally responsible for what she has done only if she could have done otherwise. Many who disagree that the examples are successful in this respect argue that these examples succumb to a deadly dilemma. I uncover and assess libertarian assumptions upon which the 'dilemma objection' is based. On exposing these assumptions, it becomes clear that various sorts of libertarian are no longer entitled to (...) one or the other horns of the dilemma. (shrink)

The Direct Argument for the incompatibility of determinism and moral responsibility is so christened because this argument allegedly circumvents any appeal to the principle of alternate possibilities – a person is morally responsible for doing something only if he could have avoided doing it – to secure incompatibilism. In this paper, I first summarize Peter van Inwagen’s version of the Direct Argument. I then comment on David Widerker’s recent responses to the argument. Finally, I cast doubt on the argument by (...) constructing counterexamples to a rule of inference it invokes. (shrink)

It has been argued that all compatibilist accounts of free action and moral responsibility succumb to the manipulation problem: evil neurologists or their like may manipulate an agent, in the absence of the agent's awareness of being so manipulated, so that when the agent performs an action, requirements of the compatibilist contender at issue are satisfied. But intuitively, the agent is not responsible for the action. We propose that the manipulation problem be construed as a problem of deviance. In troubling (...) cases of manipulation, psychological elements such as desires and beliefs, among other things, are acquired via causal routes that are deviant relative to causal routes deemed normal or baseline. We develop and defend rudiments of a baseline that is acceptable independently of whether one has compatibilist or incompatibilist leanings. (shrink)

Determinism is the thesis that ‘there is at any instant exactly one physically possible future.’ When various compatibilists discuss determinism and moral responsibility, they champion the view that although determinism is inconsistent with freedom to do otherwise, it is nevertheless consistent with responsibility. Determinism, then, does not, in the view of these compatibilists, threaten one sort of moral appraisal — the sort we make, for example, when we say that someone is blameworthy for some deed. Call moral deontic normative statuses (...) like those of being morally right, wrong, or obligatory, ‘moral anchors.’ A key objective of this paper is to show that even if compatibilists can secure moral responsibility against the threat of determinism, possibly, by establishing that freedom to do otherwise is not the right sort of freedom required for responsibility, they will not be able to secure the very anchors of morality by any similar line of reasoning. Specifically, I argue that if certain principles of moral obligation are true, nothing can be morally right, wrong, or obligatory in a world in which we lack alternative possibilities. Thus, whereas unfreedom to do otherwise may be compatible with responsibility, it is incompatible with moral anchorage. (shrink)

Derk Pereboom has advanced a four-case manipulation argument that, he claims, undermines both libertarian accounts of free action not committed to agent-causation and compatibilist accounts of such action. The first two cases are meant to be ones in which the key agent is not responsible for his actions owing to his being manipulated. We first consider a “hard-line” response to this argument that denies that the agent is not morally responsible in these cases. We argue that this response invites a (...) dialectically uncharitable reading of the argument. We then propose an alternative interpretation; it affirms that, at least prima facie, the manipulated agent in the first two cases is not responsible. Finally, we question Pereboom’s rationale for why the manipulation in these cases subverts responsibility. (shrink)

Key elements of Randolph Clarke's libertarian account of freedom that requires both agent-causation and non-deterministic event-causation in the production of free action is assessed with an eye toward determining whether agent-causal accounts can accommodate the truth of judgments of moral obligation.

To have free will is to have what it takes to act freely. When an agent acts freely—when she exercises her free will—what she does is up to her. A plurality of alternatives is open to her, and she determines which she pursues. When she does, she is an ultimate source or origin of her action. So runs a familiar conception of free will.

This critical examination of Roderick Chisholm's agent causal brand of libertarianism develops a problem about luck that undermines his earlier and later libertarian views on free will and moral responsibility and defends the thesis that a modest libertarian alternative considerably softens the problem. The alternative calls for an indeterministic connection in the action-producing process that is further removed from action than Chisholm demands. The article also explores the implications of a relatively new variant of a Frankfurt-style case for Chisholm's views (...) of free will and moral responsibility and for libertarianism in general. It is suggested that Chisholm's efforts will and should continue to offer important assistance to libertarians who are determined to succeed where he apparently fell short. (shrink)

It is widely assumed that candidates for free, undetermined choices must have objective probabilities prior to their performance. Indeed although this premise figures prominently in a widely discussed argument against libertarianism, few libertarians have called it into question. In this article, I will investigate whether libertarians ought to reject it. I will conclude that doing so should not be tempting to event-causal libertarians or most agent-causal ones, because the added costs outweigh the benefits.

To be autonomous is to be a law to oneself; autonomous agents are self-governing agents. Most of us want to be autonomous because we want to be accountable for what we do, and because it seems that if we are not the ones calling the shots, then we cannot be accountable. More importantly, perhaps, the value of autonomy is tied to the value of self-integration. We don't want to be alien to, or at war with, ourselves; and it seems that (...) when our intentions are not under our own control, we suffer from self-alienation. What conditions must be satisfied in order to ensure that we govern ourselves when we act? Philosophers have offered a wide range of competing answers to this question. (shrink)

The first half of this paper is an attemptto conceptualize and understand the paradoxicalnotion of ``passive action''''. The strategy is toconstrue passive action in the context ofemotional behavior, with the purpose toestablish it as a conceivable and conceptuallycoherent category. In the second half of thispaper, the implications of passive action forcausal theories of action are examined. I arguethat Alfred Mele''s defense of causalism isunsuccessful and that causalism may lack theresource to account for passive action.Following Harry Frankfurt, I suggest analternative way (...) of understanding the nature ofaction that can accommodate passive action. (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)

: 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)

We focus on the recent non-causal theory of reasons explanationsof free action proffered by a proponent of the agency theory, Timothy O'Connor. We argue that the conditions O'Connor offersare neither necessary nor sufficient for a person to act for a reason. Finally, we note that the role O'Connor assigns toreasons in the etiology of actions results in further conceptual difficulties for agent-causalism.

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)

My aim in this paper is to argue against the claim that agent causation is more fundamental than event causation. To accomplish this aim, I shall first briefly discuss the motivation behind agent causation. Second, I shall highlight the differences between agent causation and event causation. Third, I shall begin briefly with the weaker claim held by Timothy O’Connor and Randolph Clarke that there is no good reason to believe that event causation is more fundamental than agent causation. Fourth, I (...) shall discuss the stronger claim held by E. J. Lowe that agent causation is more fundamental than event causation, and raise objections against the various arguments Lowe advances for the stronger claim. To the extent that my objections against Lowe’s stronger claim succeed, they raise questions for O’Connor’s and Clarke’s weaker claim. (shrink)

The dilemma of free will is that if actions are caused deterministically, then they are not free, and if they are not caused deterministically then they are not free either because then they happen by chance and are not up to the agent. I propose a conception of free will that solves this dilemma. It can be called agent causation but it differs from what Chisholm and others have called so.

Many authors hold that we cannot have the kind of free will that we seem to have. This article spells out and defends that kind of free will. Most libertarians hold that a free action involves a probabilistic process at some stage. Like the compatibilists, I hold that this is not only not required for free will but even reduces or excludes freedom. But contrary to the compatibilist and contrary to most libertarians, I claim that free will requires that we (...) can bring about events that have no preceding cause. That is what our experience suggests, and there are no beliefs that contradict this and are justified. (shrink)

Chisholm's theory of agent causation is criticised. An alternative theory of agent causation is proposed.

Liberal incompatibilism considers the causal determinism governing all events of the world as a serious obstacle to human freedom.Thus, they seek a way of protecting human freedom with one of these three different approaches: 1. Non-causal account or simple indeterminism, 2. Event causal account or indeterministic causation of events. 3. Agent causation account. In this research, we study the views of the main theorists of these three ideas and criticize them. Then, according to the definition of free will, based on (...) two principles: possible alternatives at the moment of choice and active control of the agent in relation to the act, we will show that it only the agent causation account that succeeds in providing a sensible picture of man’s freedom in action; because the other two views have neglected the role of the agent in controlling and directing action, and have reduced voluntary action merely to an accidental and random event. Agent causation refutes the monopoly of the role of causality for phenomena and claims that the agent is not only passive and affected by events occurring around him but essentially and with his causal powers is at least the creational cause for one of the mental events that initiates the process of realizing the external act. Therefore, despite causal determination, he is truly free, and the direction and control of his actions is in his hands. (shrink)