According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to this a number of (...) phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (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)

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.

Philosophy and Phenomenological Research, EarlyView.

Experimental philosophers have disagreed about whether "the folk" are intuitively incompatibilists or compatibilists, and they have disagreed about the role of abstraction in generating such intuitions. New experimental evidence using Construal Level Theory is presented. The experiments support the views that the folk are intuitively both incompatibilists and compatibilists, and that abstract mental representations do shift intuitions, but not in a univocal way.

The debate between scientific realists and anti-realists is now a classic debate in the Philosophy of Science. Van Fraassen (2002) has suggested that the positions that take part in the debate involve not only different doxastic attitudes regarding some propositions, but different epistemic stances, that is, different sets of commitments, values and epistemic strategies. The formulation of this debate in terms of epistemic stances and the voluntarist epistemology it motivates make it plausible to think of it as a deep disagreement. (...) This kind of disagreements cannot be settled by reason alone because they lack the conditions that are necessary for arguments to work. I argue, however, that the attempts to use arguments can have an epistemic value in these contexts, as they can help reveal intuitions. I adopt the view on intuitions put forward by Chudnoff (2014), according to which they are mental states capable of motivating epistemic action. I claim that, while the attempt to utter an argument cannot convince an opponent of changing her mind, it can make her perform some epistemic actions and, thus, bring out some of her intuitions. To show how arguments can work in this way, I take as a study case one of the main realist arguments: the No Miracles Argument. (shrink)

In this paper I discuss some underlying motivations common to most strands of experimental philosophy, noting that most forms of experimental philosophy have a commitment to the claim that certain empirical evidence concerning the level of agreement on intuitive judgments across cultures, ethnic groups or socioeconomic strata impugns the role that intuitions play in traditional “armchair” philosophy. I then develop an argument to suggest that, even if one were to grant the truth of the data adduced by experimentalists regarding the (...) level of agreement—or lack thereof—regarding intuitive judgments among various groups, this would nevertheless not yet provide sufficient basis to reject the role of intuitions in traditional philosophical theorizing. Though this argument, if successful, will not prove fatal to all forms of experimental philosophy, it would limit the scope of experimental philosophical criticisms of traditional philosophical practice. (shrink)

Many prominent theories of moral responsibility rely on the notion of “tracing,” the idea that responsibility for an outcome can be located in (i.e., “traced back to”) some prior moment of control, perhaps significantly antecedent to the proximate sources of a considered action. In this article, I show how there is a problem for theories that rely on tracing. The problem is connected to the knowledge condition on moral responsibility. Many prima facie good candidate cases for tracing analyses appear to (...) violate the knowledge condition on moral responsibility. So, either we need to dispense with tracing approaches or we must refine our understanding of the knowledge condition or we are responsible less frequently than we suppose. (shrink)

The Buddha taught that there is no self. He also accepted a version of the doctrine of karmic rebirth, according to which good and bad actions accrue merit and demerit respectively and where this determines the nature of the agent’s next life and explains some of the beneficial or harmful occurrences in that life. But how is karmic rebirth possible if there are no selves? If there are no selves, it would seem there are no agents that could be held (...) morally responsible for ‘their’ actions. If actions are those happenings in the world performed by agents, it would seem there are no actions. And if there are no agents and no actions, then morality and the notion of karmic retribution would seem to lose application. Historical opponents argued that the Buddha's teaching of no self was tantamount to moral nihilism. The Buddha, and later Buddhist philosophers, firmly reject this charge. The relevant philosophical issues span a vast intellectual terrain and inspired centuries of philosophical reflection and debate. This article will contextualise and survey some of the historical and contemporary debates relevant to moral psychology and Buddhist ethics. They include whether the Buddha's teaching of no-self is consistent with the possibility of moral responsibility; the role of retributivism in Buddhist thought; the possibility of a Buddhist account of free will; the scope and viability of recent attempts to naturalise karma to character virtues and vices, and whether and how right action is to be understood within a Buddhist framework. (shrink)

It is often argued that higher-level special-science properties cannot be causally efficacious since the lower-level physical properties on which they supervene are doing all the causal work. This claim is usually derived from an exclusion principle stating that if a higher-level property F supervenes on a physical property F* that is causally sufficient for a property G, then F cannot cause G. We employ an account of causation as difference-making to show that the truth or falsity of this principle is (...) a contingent matter and derive necessary and sufficient conditions under which a version of it holds. We argue that one important instance of the principle, far from undermining non-reductive physicalism, actually supports the causal autonomy of certain higher-level properties. (shrink)

By far the most respected response by theists to the problem of evil is some version of the free will defense, which rests on the twin ideas that God could not create humans with free will without them committing evil acts, and that freedom is of such value that it is better that we have it than that we be perfect yet unfree. If we assume that the redeemed in heaven are impeccable, then the free will defense faces what I (...) call the Heaven Dilemma: either the redeemed in heaven are free, in which case it is false that you cannot be free without doing evil, or they are not, in which case (heaven being better than earth) it is false that we are better off with freedom and evil than without either. James Sennett has tried to defend a view of freedom that effectively allows us to be impeccable in heaven so long as we are not on earth, while claiming that we are free in both. I argue that this view leads to a new dilemma: either there is no point to earth at all, and given its miseries, it is wrong for God to make us pass through it to get to heaven (especially if we face the risk of ending up in hell), or Sennett’s view consigns millions who die tragically young to an eternity of unfreedom. (shrink)

The turn from deterministic to probabilistic explanations has been used to argue that social science does not explain human action in ways that are incompatible with free will, since, according to some accounts of probabilism, causal factors merely influence actions without determining them. I argue that the notion of nondetermining causal influence is a multifaceted and problematic idea, which notably is unclear about whether the probability is objective or subjective, whether it applies to individual occurrences or merely to sets of (...) occurrences, and whether it is possible for an occurrence to be "almost determined.". (shrink)

An evolutionary approach to ethics supports, to some extent, the sceptical meta-ethics found by some of the Greek sophists and Nietzsche. On the other hand, a modern naturalistic account on the origin and nature of morality, leads to somewhat different conclusions. This is demonstrated with an answer to three philosophical questions: does real freedom exist?, does the good, or real virtue, exist?, does life have a meaning?

This paper aims to defend deliberation-compatibilism against several objections, including a recent counterexample by Yishai Cohen that involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It begins by offering a Moorean-style proof of deliberation-compatibilism. It then turns to the leading argument for deliberation-incompatibilism, which is based on the presumed incompatibility of causal determinism and the ‘openness’ required for rational deliberation. The paper explains why this argument fails and develops a coherent account (...) of how one can rationally deliberate and believe in causal determinism without inconsistency. The second half of the paper then takes up Cohen's proposed counterexample and his Four-Case Deliberation Argument against deliberation-compatibilism, which is meant to mirror Derk Pereboom's famous Four-Case Manipulation Argument. In response, the author defends a hard-line reply to FCDA but also argues that the notion of ‘sourcehood’ relevant to rational deliberation differs from that involved in free will. (shrink)

According to deliberation compatibilism, rational deliberation is compatible with the belief that one’s actions are causally determined by factors beyond one’s control. This paper offers a counterexample to recent accounts of rational deliberation that entail deliberation compatibilism. The counterexample involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It is further argued that there is no relevant difference between the purported counterexample and ordinary doxastic circumstances in which a determinist deliberates.

“Dalla filosofia dell’azione alla filosofia della mente” è stato il percorso di alcuni filosofi di nazionalità varia degli anni 1980 – come Paul Churchland negli Stati Uniti o Ansgar Beckermann in Germania – che prima si sono interessati agli aspetti più teorici nella filosofia dell’azione, come il modo di funzionamento delle azioni e la loro spiegazione scientifica, e che poi, con l’arrivo e la diffusione dei personal computers e delle scienze cognitive, hanno ampliato e approfondito questo interesse di ricerca e (...) si sono dedicati alla filosofia della mente più in generale e in particolare alla spiegazione scientifica e filosofica del mentale. Sandro Nannini faceva parte di questo movimento ed è stato uno tra gli inizialmente pochi filosofi italiani che si sono occupati di questi argomenti; successivamente ne è diventato uno dei maggiori specialisti in Italia, proponendo una sua particolare versione di naturalizzazione del mentale. Subordinata agli interessi teorici è stata la sua iniziativa accademica di fondare e promuovere il primo dottorato italiano di ricerca in Scienze Cognitive. Il presente volume tratta dell’opera di Sandro Nannini in contributi che sono riflessioni più o meno specifiche sulle differenti tappe del suo percorso, affrontando temi come l’analisi dell'azione, il libero arbitrio, la discussione di Nannini di vari classici della filosofia, la tendenza del naturalismo a dissolvere la filosofia in un enciclopedismo empirico e la sfida dei qualia e della fenomenologia all’approccio naturalistico alla mente. Il volume contiene inoltre un saggio dello stesso Sandro Nannini, nel quale espone l’ultimo sviluppo della sua filosofia della mente nonché le risposte agli interventi degli altri autori: Mario De Caro, Sara Dellantonio, Rosaria Egidi, Roberta Lanfredini, Christoph Lumer, Paolo Parrini, Pietro Perconti, Claudio Pizzi, Emanuela Scribano e Giuseppe Varnier. (shrink)

This is a work concerned with justification and freedom and the relationship between these. Its summational aim is to defend a transcendental argument for free will – that we could not be epistemically justified in undermining a strong notion of free will, as a strong notion of free will would be required for any such process of undermining to be itself epistemically justified. The book advances two transcendental arguments – for a deontically internalist conception of epistemic justification and the aforementioned (...) argument for a libertarian conception of free will. In defending each of these arguments, the book both defends and relies upon the principle that ‘ought’ implies ‘can’. In articulating the latter transcendental argument – for freedom – heavy reliance is made on the earlier, epistemic, work: especially on the deontological conception of rational justification (on epistemic internalism). (shrink)

In its classical form, epiphenomenalism is the view that conscious mental events have no physical effects: while physical events cause mental events, the opposite is never true. Unlike classical epiphenomenalism, contemporary forms do not hold that conscious men­ tal states always lack causal efficacy, only that they are epiphenomenal relative to certain kinds of action, ones we pre-theoretically would have thought consciousness to causally contribute to. Two of these contemporary, empirically based challenges to the efficacy of the mental are the (...) focus of this chapter. The first, originating in research by Libet, has been interpreted as showing that the neural events initiating voluntary actions precede our conscious willing of them, meaning the conscious will cannot be what causes them. The second challenge, originating in studies by Milner and Goodale, consist of instances in which the content of visual consciousness and motor action dissociate, casting doubt on the intuitive view that visual consciousness guides visually based motor action. (shrink)

Thought experiments have played a pivotal role in many debates within ethics—and in particular within applied ethics—over the past 30 years. Nonetheless, despite their having become a commonly used philosophical tool, there is something odd about the extensive reliance upon thought experiments in areas of philosophy, such as applied ethics, that are so obviously oriented towards practical life. Herein I provide a moderate defence of their use in applied philosophy against those three objections. I do not defend all possible uses (...) of thought experiments but suggest that we should distinguish between legitimate and illegitimate uses. Their legitimate uses are determined not so much by the modal content of any actual thought experiment itself, but by the extent to which the argument in which it is nested follows basic tenets of informal logic and respects the fundamental contingency of applied ethical problems. In pursuing these ideas, I do not so much provide a set of criteria for their legitimate use, but more modestly present two significant ways in which their use can go awry. (shrink)

The article argues that there is a specific role for narrative consciousness in our understanding of justified responsibility ascription. Starting from a short review of empirical findings that suggest that we do not consciously control our actions, the article proceeds to spell out a concept of willed actions that does justice to the scientific results, conceptual requirements, and our most important intuitions on the ascription of responsibility. In order to do this, the article develops a concept of how narrative monitoring (...) can be said to control actions that are performed on very small time scales. This concept understands narrative monitoring as the self interpretation and disambiguation of complex cognitive systems. Finally, consequences of this concept for the ascription of responsibility are explored. (shrink)

In recent years, reflection on the relationship between individual moral responsibility and determinism has undergone a remarkable renaissance. Incompatibilists, those who believe moral responsibility is incompatible with determinism, have offered powerful new arguments in support of their views. Compatibilists, those who think moral responsibility is compatible with determinism, have responded with ingenious counterexamples and alternative accounts of responsibility. Despite the admirable elevation of complexity and subtlety within both camps, the trajectory of the literature is somewhat discouraging. Every dialectical stalemate between (...) incompatibilists and compatibilists seems to be superseded by a similar though often more subtle stalemate.1 The stalemates have two sources. On the one hand, incompatibilists again and again find powerful intuitive support from our folk concept. On the other hand, compatibilists seem right to insist that even if determinism were true, this would not mitigate our need for a concept of responsibility. (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)

I examine the extent to which Dennett’s account in Freedom Evolves might be construed as revisionist about free will or should instead be understood as a more traditional kind of compatibilism. I also consider Dennett’s views about philosophical work on free agency and its relationship to scientific inquiry, and I argue that extant philosophical work is more relevant to scientific inquiry than Dennett’s remarks may suggest.

The main goal of this paper is to show that Pettit and Smith’s (1996) argument concerning the nature of free belief is importantly incomplete. I accept Pettit and Smith’s emphasis upon normative constraints governing responsible believing and desiring, and their claim that the responsibly believing agent needs to possess an ability to believe (or desire) otherwise when believing (desiring) wrongly. But I argue that their characterization of these constraints does not do justice to one crucial factor, namely, the presence of (...) an unreflective, sub-personally constituted, ability to spot the kind of situations in which the reflective critical abilities constitutive of responsible believing (and desiring) should be deployed. (shrink)

The goal of this article is to examine the nature of technology in view of Georges Bataille’s notion of intimacy. After providing a summary of Bataille’s critique of technology, I offer my response and show that a technological device can reach such a degree of familiarity that it becomes indistinguishable from our psychophysical personality. In this sense, we experience technology not as instrumentation, but in intimacy. The old theory of technology as organ-projection is, therefore, reinterpreted to produce a theory of (...) technology that includes the technological process in its entirety, from the moment of invention and innovation, involving a movement of transcendence and objectification, to the moment of intimacy. (shrink)

What sort of property did Locke take colors to be? He is sometimes portrayed as holding that colors are wholly subjective. More often he is thought to identify colors with dispositions—powers that bodies have to produce certain ideas in us. Many interpreters find two or more incompatible strands in his account of color, and so are led to distinguish an “official,” prevailing view from the conflicting remarks into which he occasionally lapses. Many who see him as officially holding that colors (...) are dispositions concede that some of his remarks imply that colors are in us rather than in objects. After raising some difficulties for these readings, I offer an alternative. I will argue that Locke takes colors to be relational, but not dispositional, properties of the objects around us. On his view, an object is red if and only if it is actually causing a certain sensation in some observer. (shrink)

The paper discusses one of the central arguments in Dennett’s Freedom Evolves, an argument designed to show that a deterministic universe would not necessarily be a universe of which it could truly be said that everything that occurs in it is inevitable. It suggests that on its most natural interpretation, the argument is vulnerable to a serious objection. A second interpretation is then developed, but it is argued that without placing more weight on etymological considerations than they can really bear, (...) it can deliver only a significantly qualified version of the conclusion that Dennett is seeking. Moreover, the new argument depends upon an intermediate conclusion which, on the face of it, looks to be self-contradictory. Dennett is able to avoid the appearance of self-contradiction only by utilising a possible-worlds framework for the understanding of “could have done otherwise” judgements which is argued to be unsatisfactory. It is suggested that a different framework might hold the key to understanding how better to defend these same judgements from purported threats from determinism. (shrink)

Most contemporary accounts of moral responsibility take desert to play a central role in the nature of moral responsibility. It is also assumed that desert is a backward-looking concept that is not directly derivable from any forward-looking or consequentialist considerations, such as whether blaming an agent would deter the agent from performing similar bad actions in the future. When determining which account of moral responsibility is correct, proponents of desert-based accounts often take intuitions about cases to provide evidence either in (...) favor of or against a proposed theory. In this paper, I discuss two experiments that test whether folk intuitions accord with what desert-based accounts would predict. Results suggest that moral responsibility intuitions are sensitive to forward-looking considerations, thus posing a problem for desert-based accounts of moral responsibility. If appealing to intuitions about cases is a valid method of discovering the nature of moral responsibility and desert, it seems either desert is not entirely backward-looking or moral responsibility is not exclusively desert-based. These experimental results also suggest that consequentialist accounts of moral responsibility, which have largely been abandoned due to their counterintuitive nature, are perhaps not so counterintuitive after all. (shrink)

The debate concerning the role of intuitions in philosophy has been characterized by a fundamental disagreement between two main camps. The first, the autonomists, hold that, due to the use in philosophical investigation of appeals to intuition, most of the central questions of philosophy can in principle be answered by philosophical investigation and argument without relying on the sciences. The second, the naturalists, deny the possibility of a priori knowledge and are skeptical of the role of intuition in providing evidence (...) in philosophical inquiry. In spite of the seemingly stark and deep disagreement between the autonomist and the naturalist, in this paper I will attempt to suggest that there is a way to mount a partial defense of intuition-based philosophical practice on naturalist grounds. As will be seen, doing so will require a number of concessions that will satisfy few autonomists while simultaneously disappointing those naturalists who might have thought that all notions of the a priori had been successfully laid to rest. However, I will argue that the account proposed here will preserve those features of traditional philosophical practice that matter most and better explain the history of successes and failures of that practice, thus answering the worries of the autonomist, and that the rejection of the No A Priori Thesis attendant with the account presented here is indeed demanded by the current theories of our best scientific understanding of the mind, thus pacifying the rabid naturalistic critic of any version of apriorism. (shrink)

This essay proposes an alternative way of studying video games: as thought experiments akin to the narrative thought experiments that are frequently used in philosophy. This perspective incorporates insights from the narratological and ludological perspectives in game studies and highlights the philosophical significance of games. Video game thought experiments are similar to narrative thought experiments in many respects and can perform the same functions. They also have distinctive advantages over narrative thought experiments, as they situate counterfactuals in more complex, developed (...) contexts and present them to players who are participants in game worlds, rather than simply observers. (shrink)

The discussion in this paper begins with some observations regarding a number of structural similarities between art and morality as it involves human agency. On the basis of these observations we may ask whether or not incompatibilist worries about free will are relevant to both art and morality. One approach is to claim that libertarian free will is essential to our evaluations of merit and desert in both spheres. An alternative approach, is to claim that free will is required only (...) in the sphere of morality—and that to this extent the art/morality analogy breaks down. I argue that both these incompatibilist approaches encounter significant problems and difficulties—and that incompatibilist have paid insufficient attention to these issues. However, although the analogy between art and morality may be welcomed by compatibilists, it does not pave the way for an easy or facile optimism on this subject. On the contrary, while the art/morality analogy may lend support to compatibilism it also serves to show that some worries of incompatibilism relating to the role of luck in human life cannot be easily set aside, which denies compatibilism any basis for complacent optimism on this subject. (shrink)

Evolutionary ethics, the idea that the evolutionary process contains the basis for a full and adequate understanding of human moral nature, is an old and disreputable notion. It was popularized in the 19th century by the English general man of science, Herbert Spencer, who began advocating an evolutionary approach to ethical understanding, even before Charles Darwin published hisOrigin of Speciesin 1859 (Spencer 1857, 1892). Although it was never regarded with much enthusiasm by professional philosophers, thanks to Spencer’s advocacy the evolutionary (...) approach to ethics soon gained wide popularity, both in Britain and towards the end of the century, even more in the United States of America (Ruse 1986; Russett 1976). It became transformed into a whole sociopolitical doctrine, known somewhat inaccurately as ‘Social Darwinism.’ (Scholars have long debated as to whether Darwin himself was truly a Social Darwinian, and the answer seems to depend on which of his works you read. If you look at theOrigin of Species, he certainly is not. On the other hand, if you look at theDescent of Man, there are good reasons for thinking that he was not unsympathetic to the idea. (shrink)

To suggest that Daniel Dennett is a deist is to invite ridicule. Dennett is both an avowed atheist and defender of naturalism in philosophy. Yet if we pay heed to the entirety of Dennett’s claims a curious picture emerges. My suggestion is that Hegel and Marx represent the rival responses to what we might call the modern predicament: what is the nature of existence in a world which seems a mechanism? Dennett’s response to this question is Hegelian, and involves a (...) commitment to a religiosity which might surprise those otherwise receptive to his arguments. (shrink)

Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar aspects (...) of the common law, seeking to explain, in particular, fundamental features of the law of tort in terms of such economic ideas as transaction costs (Coase), Kaldor-Hicks efficiency (Posner), or minimizing the sum of the accident costs and avoidance costs (Calabresi and Malamed). In each case, they argued that the law of torts should be understood as a set of liability rules selected for their incentive effects, rather than as a set of substantive rights and remedies for their violation. These authors claimed to be able to explain most of the features of tort law and, where features were found that did not fit with their preferred explanations, recommended modification. Although they disagreed on important questions,1 each of the pieces seems to work a manageable structure into what strikes first-year law students as an otherwise random morass of common-law judgments. Generations of legal academics were introduced to these works, and drawn into their way of looking at things. As a student studying first-year torts with Calabresi at Yale, I had the sense that I was in the presence of greatness. (shrink)

Free will is widely thought to require (i) the possibility of acting otherwise and (ii) the intentional endorsement of one’s actions (“indeterministic picking is not enough”). According to (i), a necessary condition for free will is agential-level indeterminism: at some points in time, an agent’s prior history admits more than one possible continuation. According to (ii), however, a free action must be intentionally endorsed, and indeterminism may threaten freedom: if several alternative actions could each have been actualized, then none of (...) them is necessitated by the agent’s prior history, and the actual action seems nothing more than the result of indeterministic picking. We argue that this tension is only apparent. We distinguish between actions an agent can possibly do and actions he or she can do with endorsement. One can consistently say that someone who makes a choice has several alternative possibilities, and yet that, far from merely indeterministically picking an action, the agent chooses one he or she endorses. An implication is that although free will can consistently require (i) and (ii), it cannot generally require the possibility of acting otherwise with endorsement. (shrink)

According to the received view in philosophy of mind, mental states or properties are _realized_ by brain states or properties but are not identical to them. This view is often called _realization_ _physicalism_. Carl Gillett has recently defended a detailed formulation of the realization relation. However, Gillett’s formulation cannot be the relation that realization physicalists have in mind. I argue that Gillett’s “dimensioned” view of realization fails to apply to a textbook case of realization. I also argue Gillett counts as (...) realization some cases that should not count if realization physicalism is to be distinguished from its competitors in the usual ways. I conclude that the relation described by Gillett cannot be realization. (shrink)

Contrary to what I have contended, Michael McKenna argues that basic desert does not have an essential role in the free will debate. On his alternative construal, what is central is whether our practice of holding morally responsible, and blaming in particular, can be justified, and what notion of free will is required for that justification. Notions distinct from basic desert can ground our practice, and so the free will debate is independent of basic desert. Here I argue that the (...) one best candidate for such a notion is basic fairness, but in the area of moral responsibility there is no substantial difference between basic desert and basic fairness. (shrink)

This article sets out a forward-looking account of moral responsibility on which the ground-level practice is directly sensitive to aims such as moral formation and reconciliation, and is not subject to a barrier between tiers. On the contrasting two-tier accounts defended by Daniel Dennett and Manuel Vargas, the ground-level practice features backward-looking, desert-invoking justifications that are in turn justified by forward-looking considerations at the higher tier. The concern raised for the two-tier view is that the ground-level practice will be insufficiently (...) responsive to the forward-looking aims that are held to justify it. On the single-tier alternative, forward-looking considerations can more readily motivate substantial revisions, which the practice, due to serious and pervasive deficiencies, requires. (shrink)

The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized (...) the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence. (shrink)

A traditional concern for determinists is that the epistemic conditions an agent must satisfy to deliberate about which of a number of distinct actions to perform threaten to conflict with a belief in determinism and its evident consequences. I develop an account of the sort that specifies two epistemic requirements, an epistemic openness condition and a belief in the efficacy of deliberation, whose upshot is that someone who believes in determinism and its evident consequences can deliberate without inconsistent beliefs. I (...) argue that conditions of both types are indispensable, and that they can be formulated so as to withstand the relevant objections. (shrink)

On Contextual Robust Alternatives Resumen: En su libro El libre albedrío: un estudio filosófico Carlos Moya presenta una objeción a los contraejemplos tipo-Frankfurt según la cual lo que hace que una alternativa sea robusta o no es el contexto en el que se encuentra el agente; así, alternativas que, en principio, no se verían como robustas y eximentes, pueden llegar a serlo en circunstancias especiales y los contraejemplos tipo-Frankfurt presentan, justamente, este tipo de circunstancias. En este escrito presento tres objeciones (...) al brillante argumento de Moya. En primer lugar, defiendo que no es claro que la alternativa que él considera robusta esté cumpliendo el papel de soportar, al menos en parte, la atribución de culpa del agente. En segundo lugar, retomo la respuesta que Moya ha dado a una crítica de Pereboom quien lo acusa de presuponer en el seno de su argumento al principio de posibilidades alternativas y, por ende, de caer en una petición de principio. Defiendo que la respuesta que ha dado Moya no le permite eludir la crítica de Pereboom. Finalmente, ofrezco una consideración acerca de cómo podría desarticularse la propuesta de Moya si se logra presentar un contraejemplo tipo-Frankfurt de corte determinista. Palabras clave: Alternativas robustas, contexto, contraejemplos tipo-Frankfurt, Principio de posibilidades alternativas, determinismo.: In his book El libre albedrío: un estudio filosófico Carlos Moya presents an argument against Frankfurt-Style cases according to which what makes an alternative robust and exempting is a matter of the context in which the agent finds himself; thus, alternatives that don’t seem to be robust can become robust and exempting in certain special circumstances, and Frankfurt scenarios present just such circumstances. In this paper I offer three objections to Moya’s brilliant argument. First, I defend that it is not clear that the alternative Moya finds in such cases is doing the work of grounding, at least partially, the attribution of blame to the agent. Secondly, I examine a reply Moya gives to a critique made by Pereboom according to which Moya’s argument presupposes the principle of alternative possibilities and thus begs the question against the compatibilist. I defend that Moya’s response is insufficient to elude Pereboom critique. Finally, I defend that Moya’s strategy can be disarticulated if a deterministic Frankfurt-case can be presented. Keywords: Robust alternatives, context, Frankfurt-style cases, Principle of alternative possibilities, determinism. (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)

One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based theory (...) of responsibility. (shrink)

The aim of the paper is to provide a philosophical account of our sense that some people are more their own person than others. I begin by exposing the weaknesses in three possible accounts, which I label the "interventionist", the "existentialist" and the "ideal" accounts. I then go on to argue that the distinguishing feature of those who are their own person is that their natural inclinations are accurately expressed in their behaviour.

This article distinguishes among and examines three different kinds of argument for the thesis that moral responsibility and free action are each incompatible with the truth of determinism: straight manipulation arguments; manipulation arguments to the best explanation; and original-design arguments. Structural and methodological matters are the primary focus.