How should addictive behavior be explained? In terms of neurobiological illness and compulsion, or as a choice made freely, even rationally, in the face of harmful social or psychological circumstances? Some of the disagreement between proponents of the prevailing medical models and choice models in the science of addiction centres on the notion of “loss of control” as a normative characterization of addiction. In this article I examine two of the standard interpretations of loss of control in addiction, one according (...) to which addicts have lost free will, the other according to which their will is weak. I argue that both interpretations are mistaken and propose therefore an alternative based on a dual-process approach. This alternative neither rules out a capacity in addicts to rationally choose to engage in drug-oriented behavior, nor the possibility that addictive behavior can be compulsive and depend upon harmful changes in their brains caused by the regular use of drugs. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

Many philosophers ignore developments in the behavioral, cognitive, and neurosciences that purport to challenge our ideas of free will and responsibility. The reason for this is that the challenge is often framed as a denial of the idea that we are able to act differently than we do. However, most philosophers think that the ability to do otherwise is irrelevant to responsibility and free will. Rather it is our ability to act for reasons that is crucial. We argue that the (...) scientific findings indicate that it is not so obvious that our views of free will and responsibility can be grounded in the ability to act for reasons without introducing metaphysical obscurities. This poses a challenge to philosophers. We draw the conclusion that philosophers are wrong not to address the recent scientific developments and that scientists are mistaken in formulating their challenge in terms of the freedom to do otherwise. (shrink)

Constitutive instrumentalism is the view that responsibility practices arise from and are justified by our being prosocial creatures who need responsibility practices to secure specific kinds of social goods. In particular, responsibility practices shape agency in ways that disposes adherence to norms that enable goods of shared cooperative life. The mechanics of everyday responsibility practices operate, in part, via costly signaling about the suitability of agents for coordination and cooperation under conditions of shared cooperative life. So, there are a range (...) of identifiable conditions where the ordinary operation of responsibility practices—and thus, the usual normative force of the practices—is disrupted. Even so, these conditions are not so widespread as to favor a more thoroughgoing abandonment of responsibility practices. (shrink)

This is the Stanford Encyclopedia of Philosophy entry on moral responsibility.

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

Elsewhere, I proposed a libertarian-based account of freedom and moral blameworthiness which like Harry Frankfurt's 1969 account rejects the principle of alternative possibilities (which I call, Frankfurt-friendly libertarianism). In this paper I develop this account further (a) by responding to an important objection to it raised by Carlos Moya; (b) by exploring the question why, if unavoidability per se does not exonerate from blame, the Frankfurt-friendly libertarian is justified in exculpating an agent under determinism; (c) by arguing that some main (...) compatibilist alternatives to the account are unsatisfactory; and finally (d) by defending it against a general criticism of certain libertarian theories made by Derk Pereboom. (shrink)

In this paper, I begin by considering a traditional argument according to which it would be unfair to impose sanctions on people for performing actions when they could not do otherwise, and thus that no one who lacks the ability to do otherwise is responsible or blameworthy for his or her actions in an important sense. Interestingly, a parallel argument concluding that people are not responsible or praiseworthy if they lack the ability to do otherwise is not as compelling. Watson, (...) recently, offers in its stead an 'interpersonal' argument that appeals to a distributive notion of unfairness to conclude that praiseworthy actions, too, require the ability to do otherwise. I argue that this argument does not succeed. At this point, it seems that we have support for an asymmetrical treatment of blameworthy and praiseworthy actions. However, I conclude that while such an asymmetrical treatment may ultimately be correct, there is reason to doubt that considerations of fairness of sanction and reward support an asymmetry as well as an appeal to the 'ought-implies-can' principle. (shrink)

This book is a defence of the philosophy of common sense in the spirit of Thomas Reid and G.E. Moore, drawing on the work of Aristotle, evolutionary biology and psychology, and historical studies on the origins of early modern philosophy. It defines and explores common sense beliefs, and defends them from challenges from prominent philosophers.

Many writers accept the following thesis about responsibility: (R) For one to be responsible for something is for one to be such that it is fitting that one be the object of some reactive attitude with respect to that thing. This thesis bears a striking resemblance to a thesis about value that is also accepted by many writers: (V) For something to be good (or neutral, or bad) is for it to be such that it is fitting that it be (...) the object of some pro-attitude (or indifference, or some contra-attitude). V has been the subject of intense debate in recent years, in part because of its incorporation into what has come to be called the “buck-passing” account of value. In particular, V is open to three challenges: that it is not necessarily the case that whatever is good is the fitting object of a pro-attitude; that it is not necessarily the case that whatever is the fitting object of a pro-attitude is good; and that, even if there is a strict equivalence between what is good and what is the fitting object of a pro-attitude, still the former is not to be analyzed in terms of the latter. The resemblance between V and R has not been previously commented on, but, once it is recognized, it is clear that R is open to challenges that resemble those to which V is vulnerable. This paper explores both the challenges to V and the parallel challenges to R and discusses responses that may be given to these challenges. The interrelation between V and R is then examined, and a general lesson is drawn concerning how to adjudicate disputes about the nature of moral responsibility. (shrink)

This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, or (...) Deep Self. Recently leading compatibilist neuroethicists added the condition of not feeling alienated from desires motivating a person's action. This article argues against such attempts to determine conditions under which patients undergoing neuromodulation should be subject to negative reactive attitudes and legal punishment. Compatibilism should not be used to justify basic desert moral responsibility and legal punishment. Instead, a new way of thinking about the function of moral responsibility attribution is proposed for patients with neuromodulation. Their compatibilist capabilities should serve as important indicators for determining appropriate, forward‐looking courses of action, such as quarantining and restorative treatment, to ensure the public safety and well‐being of the patients. (shrink)

This paper aims to challenge the view that the sign present in many Frankfurt-style scenarios is insufficiently robust to constitute evidence for the possibility of an alternate decision, and therefore inadequate as a means of determining moral responsibility. I have amended Frankfurt’s original scenario, so as to allow Jones, as well as Black, the opportunity to monitor his (Jones’s) own inclination towards a particular decision (the sign). Different outcome possibilities are presented, to the effect that Jones’s awareness of his own (...) inclinations leads to the conclusion that the sign must be either (a) a prior determinate of the decision about to be made, (b) prior and indeterminate (therefore allowing for a contra-inclination decision to be made), or (c) constitutive of a decision that Jones has made but is not yet aware of. In effect, this means that, prior to the intervention of Black, Jones must have decided to do otherwise or could have so decided. Either way, although Frankfurt’s conclusion, that Jones could not have done other than he did, is upheld, the idea that he could not have decided otherwise must be rejected, and with it the view that the sign is nothing more than a flicker of freedom insufficient for assigning morally responsibility. (shrink)

The paper argues that it is a mistake to interpret Thomas Reid as holding a libertarian notion of freedom, and to make use of Reid to argue in support of a libertarian position. More precisely, this paper shows that Reid’s theory of agent-causation may not be what these philosophers take it to be, once such crucial notions as agent-causation and active power in Reid’s theory of free agency have been fully explicated. Reid is more committed to accepting the view of (...) freedom as rational self-control over the determination of the will than a contracausal view of freedom. (shrink)

Both advocates of corporate regulation and its opponents tend to depict regulation as restrictive—a policy option that limits freedom in the name of welfare or other social goods. Against this framing, I suggest we can understand regulation in enabling terms. If well designed and properly enforced, regulation enables companies to operate in ways that are acceptable to society as a whole. This paper argues for this enabling character by considering some wider questions about responsibility and the sharing of responsibility. Agents (...) who are less able or willing to act well are obviously more likely to face criticism, mistrust, and adverse responses. It will be more difficult to hold those agents responsible, especially so when there are many who fail in their responsibilities or where there are wide-reaching disagreements about those responsibilities. Regulatory standards, like other norms and ways of defining responsibilities, address these problems: by restricting, they also enable social cooperation. Like other forms of holding responsible, ways of enforcing those standards against recalcitrant agents, or encouraging conformity to them, may also seem restrictive. Again, however, these practices play an important role in enabling responsible agency. This is partly because they can bolster readiness to act well in agents who experience or witness such responses. It is also because they free other agents to exercise initiative and commitment in defining their individual responsibilities in line with higher standards. (shrink)

Some have argued that our intuitive reactions to a number of cases of moral responsibility can only be preserved at the expense of a unified account of moral responsibility for acts and omissions. I argue against this conclusion, proposing that a plausible condition on responsibility, the Causal Condition can, when properly elaborated, justify the relevant intuitive data.

In a recent set of publications Ballantyne :485–503, 2011, Synthese 185:319–334, 2012, Synthese 91:1391–1407, 2013) argues that luck does not have a significant role in understanding the concept of knowledge. The problem, Ballantyne argues, lies in what is commonly thought to be a necessary condition for luck—a significance or value condition :385–398, 2007; Lackey, in Austral J Philos 86:255–267, 2008, Ballantyne, in Can J Philos 41:485–503, 2011). For an event, like forming a true belief, to be lucky then it must (...) be of some significance or value to an agent. Yet, if significance, as it has also been commonly thought, plays a role in determining the degree of luck :485–503, 2011), then this leads to a result similar to an absurd form of pragmatic encroachment. If this problem cannot be avoided, then anti-luck epistemology should be abandoned. However, this paper will argue that with proper considerations about the nature of luck according to at least one theory, no such problem arises. (shrink)

In this paper, I explore an alternative to the Principle of Alternate Possibilities for Moral Responsibility—the Ceteris Paribus Principle of Alternative Possibilities for Moral Responsibility. I consider motivations for this principle and answer some objections to it.

This paper poses a new challenge to control-based theories of moral responsibility. Control-based theories – as defended, for instance, by Aristotle and John Martin Fischer – hold that an agent is responsible for an action only if she acted voluntarily and knew what she was doing. However, this paper argues that there is a large class of cases of unreflective behavior of which the following is true: the persons involved did not have the kind of control required by control-based theories, (...) yet we intuitively take the persons involved to be morally responsible. (shrink)

It is plausible to think that part of what it is to be an autonomous agent is to adequately respond to important changes in one’s circumstances. The agent who has set her own course in life, but is unable to recognize and respond appropriately when evidence arises indicating the need to reconsider and perhaps adjust her plan, lacks an important form of personal autonomy. However, this “evidence-responsiveness” aspect of autonomy has not yet been adequately analyzed. Most autonomy theorists ignore it (...) altogether and the few who have addressed it have failed to give a satisfactory account. In this paper, I first examine an evidence-responsiveness condition proposed by Arneson. I argue there that while Arneson’s condition provides a valuable framework in which to examine evidence-responsiveness, there are several crucial issues that it either fails to address at all or else fails to adequately resolve. That condition is therefore in need of further elaboration and refinement. I then examine a recent article in this journal by Blöser, Schöpf, and Willaschek which develops an account of autonomy that I argue can usefully be understood as employing and elaborating upon the general framework offered by Arneson. I argue that while the elaboration Blöser and her co-authors provide Arneson’s condition is instructive, it is inadequate in several important ways which indicate the form a more satisfactory evidence-responsiveness condition will take. I go on to develop such a condition and conclude by highlighting the advantages to be gained by including that condition in a complete theory of autonomy. (shrink)

Every kind of ‘ought’ implies some kind of ‘can’ – but there are many kinds of ‘ought’ and even more kinds of ‘can’. In this essay, I shall focus on a particular kind of ‘ought’ – specifically, on what I shall call the “rational ‘ought’”. On every occasion of use, this kind of ‘ought’ is focused on the situation of a particular agent at a particular time; but this kind of ‘ought’ is concerned, not with how that agent acts at (...) that time, but with what beliefs or intentions the agent has at the time, or with the sort of reasoning by means of which the agent at that time forms or revises those beliefs or intentions. (shrink)

In this article I want to ask what we should do, either collectively or individually, if we could identify by genetic and family profding the 12% of the male population likely to commit almost half the violent crime in our society. What if we could identify some individuals in that 12% not only at birth, but in utero, or before implantation? I will explain the source of these figures later; for now, I will use them only to provide a concrete (...) example of the kind of predictive claims we can expect to be made with some frequency, and some scientific credibility, over the next generation. I will adopt an outlook that one commentator has called “pragmatic optimism,” but which could also be called technological optimism - the belief that a science or technology will achieve many or most of its advertised goals. My optimism will be directed towards human behavioral genetics, the source of predictions like the one I just offered; I will assume that this controversial discipline will achieve a substantial pan of its scientific ambition to identlfy genetic differences among individuals that help predict and possibly explain future behavior, psychological health, and cognitive skill. This optimism is very limited -it concerns the scientific success of behavioral genetics, not the social value of that success. (shrink)

In this article I want to ask what we should do, either collectively or individually, if we could identify by genetic and family profding the 12% of the male population likely to commit almost half the violent crime in our society. What if we could identify some individuals in that 12% not only at birth, but in utero, or before implantation? I will explain the source of these figures later; for now, I will use them only to provide a concrete (...) example of the kind of predictive claims we can expect to be made with some frequency, and some scientific credibility, over the next generation. I will adopt an outlook that one commentator has called “pragmatic optimism,” but which could also be called technological optimism - the belief that a science or technology will achieve many or most of its advertised goals. My optimism will be directed towards human behavioral genetics, the source of predictions like the one I just offered; I will assume that this controversial discipline will achieve a substantial pan of its scientific ambition to identlfy genetic differences among individuals that help predict and possibly explain future behavior, psychological health, and cognitive skill. This optimism is very limited -it concerns the scientific success of behavioral genetics, not the social value of that success. (shrink)

Moral responsibility invariantism is the view that there is a single set of conditions for being morally responsible for an action (or omission or consequence of an act or omission) that applies in all cases. I defend this view against some recent arguments by Joshua Knobe and John Doris.

Neuroscientists have located brain activity that prepares or encodes action plans before agents are aware of intending to act. On the basis of these findings and broader agency research, activity in these regions has been proposed as the neural realizers of practical intention. My aim in this paper is to evaluate the case for taking these neural states to be neural representations of intention. I draw on work in philosophy of action on the role and nature of practical intentions to (...) construct a framework of the functional profile of intentions fit for empirical investigation. With this framework, I turn to the broader empirical neuroscience literature on agency to assess these proposed neural representations of intention. I argue that while these neural states in some respects satisfy the functions of intention in planning agency prospective of action, their fit with the role of intention in action execution is not well supported. I close by offering a sketch of which experimental task features could aid in the search for the neural realizer of intention in action. (shrink)

While epiphenomenalism—i.e., the claim that the mental is a causally otiose byproduct of physical processes that does not itself cause anything—is hardly ever mentioned in philosophical discussions of free will, it has recently come to play a crucial role in the scientific attack on free will led by neuroscientists and psychologists. This paper is concerned with the connection between epiphenomenalism and the claim that free will is an illusion, in particular with the connection between epiphenomenalism and willusionism, i.e., with the (...) thesis that there is empirical evidence for a thoroughgoing skepticism with regard to free will that is based on the claim that mental states are epiphenomena. The paper discusses four arguments for willusionism that in some form or other appeal to epiphenomenalism and argues that three of them can be discarded relatively easily. The fourth one, based on Daniel Wegner’s theory of apparent mental causation and his claim that free will is an illusion because the feeling of conscious will is epiphenomenal with regard to the corresponding voluntary actions, is dealt with in more detail. The overall verdict is negative: there is no empirical evidence for any kind of epiphenomenalism that would warrant the claim that free will is an illusion. Whatever it is that makes free will the object of contention between neuroscience and philosophy, epiphenomenalism provides no reason to think that free will is an illusion. (shrink)

(Part of a symposium on an OUP collection of Paul Russell's papers on free will and moral responsibility). Paul Russell’s The Limits of Free Will is more than the sum of its parts. Among other things, Limits offers readers a comprehensive look at Russell’s attack on the problematically idealized assumptions of the contemporary free will debate. This idealization, he argues, distorts the reality of our human predicament. Herein I pose a dilemma for Russell’s position, critical compatibilism. The dilemma illuminates the (...) tension between Russell’s critical and compatibilist commitments. The problem is not obviously insurmountable, and as a compatibilist who is sympathetic to the view, my aim is to spark further discussion. (shrink)

In Free Will and Luck, Mele presents a case of an agent Ernie, whose zygote was intentionally designed so that Ernie A-s in 30 years, bringing about a certain event E. Mele uses this case of original design to outline the zygote argument against compatibilism. In this paper I criticize the zygote argument. Unlike other compatibilists who have responded to the zygote argument, I contend that it is open to the compatibilist to accept premise one, that Ernie does not act (...) freely and is not morally responsible for anything he does. I argue that compatibilists should deny premise two. Diana’s effective intention to create Ernie’s zygote such that Ernie A-s in 30 years and her intervention to bring about his A-ing mark a significant difference between Ernie and normal agents in a deterministic universe with regard to how their zygotes were created that affects whether those agents act freely and are morally responsible for so acting. (shrink)

In Responsibility and Control: A Theory of Moral Responsibility John Martin Fischer and Mark Ravizza propose an account of moral responsibility according to which an agent is morally responsible for an action just when that action is the product of her own moderately reasons-responsive mechanism, where reasons-responsiveness is explained in terms of the mechanism’s regular reasons-receptivity and weak reasons-reactivity. In a review of Fischer and Ravizza’s book Mele contends that their weakly reasons-reactivity condition is inadequate, constructing a case in which, (...) according to their theory, an extreme agoraphobic is morally responsible for his staying in his home. In this paper I modify Fischer and Ravizza’s account of moral responsibility in light of Mele’s problematic example, suggesting a refinement of their weakly reasons-reactivity requirement via a distinction between weakly sufficient reasons and strongly sufficient reasons. (shrink)

The aim of this paper is to challenge libertarian accounts of free will. It is argued that there is an irreconcilable tension between the way in which philosophers motivate the incompatibilist ability to do otherwise and the way in which they formally express it. Potential incompatibilist responses in the face of this tension are canvassed, and it is argued that each response is problematic. It is not claimed that incompatibilist accounts in general are incoherent, but rather that any incompatibilist account (...) that requires that an agent have alternative possibilities at the point of a free action fails. (shrink)

P.F. Strawson’s account of moral responsibility in “Freedom and Resentment” has been widely influential. In both that paper and in the contemporary literature, much attention has been paid to Strawson’s account of blame in terms of reactive attitudes like resentment and indignation. The Strawsonian view of praise in terms of gratitude has received comparatively little attention. Some, however, have noticed something puzzling about gratitude and accountability. We typically understand accountability in terms of moral demands and expectations. Yet gratitude does not (...) express or enforce moral demands or expectations. So, how is it a way to hold an agent accountable? In a more general manner, we might ask if there is even sense to be made of the idea that agents can be accountable—i.e., “on the hook”—in a positive way. In this paper, I clarify the relationship between gratitude and moral accountability. I suggest that accountability is a matter of engaging with others in a way that is basically concerned with their feelings and attitudes rather than solely a matter of moral demands. Expressions of gratitude are a paradigmatic form of this concerned engagement. I conclude by defending my view from the objection that it leads to an overly generous conception of holding accountable and suggest in reply that moral responsibility skeptics may not help themselves to as many moral emotions as they might have thought. (shrink)

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

Compatibilist methods borrowed from the free will debate are often used to establish doxastic freedom and epistemic responsibility. Certain analogies between the formation of intention and belief make this approach especially promising. Despite being a compatibilist myself in the practical debate, I will argue that compatibilist methods fail to establish doxastic freedom. My rejection is not based on an argument against the analogy of free will and free belief. Rather, I aim at showing that compatibilist free will and free belief (...) are equally misguided because freedom is a concept that only applies to an agent’s actions and not to her mental attitudes. Compatibilist strategies that seek to define control by reason-responsiveness merely weaken the conditions for freedom such that arbitrary forms of control can be defined. I will demonstrate that these methods also commit to freedom of fear, freedom of hope and freedom of anger. However, I accept the compatibilist challenge to account for the addict’s and the paranoid’s unfreedom. I will sketch a unified approach to compatibilist free agency that does justice to these phenomena without the help of free will or free belief. (shrink)

Decisions in security contexts, including armed conflict, law enforcement, and disaster relief, often need to be taken under circumstances of limited information, stress, and time pressure. Since AI systems are capable of providing a certain amount of relief in such contexts, such systems will become increasingly important, be it as decision-support or decision-making systems. However, given that human life may be at stake in such situations, moral responsibility for such decisions should remain with humans. Hence the idea of “meaningful human (...) control” of intelligent systems. In this opinion paper, we outline generic configurations of control of AI and we present an alternative to human control of AI, namely the inverse idea of having AI control humans, and we discuss the normative consequences of this alternative. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

Direct brain intervention based mental capacity restoration techniques-for instance, psycho-active drugs-are sometimes used in criminal cases to promote the aims of justice. For instance, they might be used to restore a person's competence to stand trial in order to assess the degree of their responsibility for what they did, or to restore their competence for punishment so that we can hold them responsible for it. Some also suggest that such interventions might be used for therapy or reform in criminal legal (...) contexts-i.e. to make non-responsible and irresponsible people more responsible. However, I argue that such interventions may at least sometimes fail to promote these responsibility-related legal aims. This is because responsibility hinges on other factors than just what mental capacities a person has-in particular, it also hinges on such things as authenticity, personal identity, and mental capacity ownership-and some ways of restoring mental capacity may adversely affect these other factors. Put one way, my claim is that what might suffice for the restoration of competence need not necessarily suffice for the restoration of responsibility, or, put another way, that although responsibility indeed tracks mental capacity it may not always track restored mental capacities. (shrink)

Could neuroimaging evidence help us to assess the degree of a person’s responsibility for a crime which we know that they committed? This essay defends an affirmative answer to this question. A range of standard objections to this high-tech approach to assessing people’s responsibility is considered and then set aside, but I also bring to light and then reject a novel objection—an objection which is only encountered when functional (rather than structural) neuroimaging is used to assess people’s responsibility.

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...) a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question. (shrink)

This paper argues that John Fischer and Mark Ravizza's compatibilist theory of moral responsibility cannot justify reactive attitudes like blame and desert-based practices like retributive punishment. The problem with their account, I argue, is that their analysis of moderateness in regards to reasons-responsiveness has the wrong normative features. However, I propose an alternative account of what it means for a mechanism to be moderately reasons-responsive which addresses this deficiency. In a nut shell, while Fischer and Ravizza test for moderate reasons-responsiveness (...) by checking how a mechanism behaves in a given time slice across other possible worlds, on my account we should ask how that mechanism behaves in this world over a span of time – specifically, whether it responds to reasons sufficiently often. My diachronic account is intended as a drop-in replacement for Fischer and Ravizza's synchronic account. (shrink)

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

This paper is about an asymmetry in the justification of praising and blaming behaviour which free will theorists should acknowledge even if they do not follow Wolf and Nelkin in holding that praise and blame have different control conditions. That is, even if praise and blame have the same control condition, we must have stronger reasons for believing that it is satisfied to treat someone as blameworthy than we require to treat someone as praiseworthy. Blaming behaviour which involves serious harm (...) can only be justified if the claim that the target of blame acted freely cannot be reasonably doubted. But harmless praise can be justified so long as the claim that the candidate for praise did not act freely can be reasonably doubted. Anyone who thinks a debate about whether someone acted freely is truth-conducive has to acknowledge that reasonable doubt is possible in both these cases. (shrink)

A long-standing position in philosophy, law, and theology is that a person can be held morally responsible for an action only if they had the freedom to choose and to act otherwise. Thus, many philosophers consider freedom to be a necessary condition for moral responsibility. However, empirical findings suggest that this assumption might not be in line with common sense thinking. For example, in a recent study we used surveys to show that – counter to positions held by many philosophers (...) – lay people consider actions to be free when they are spontaneous rather than being based on reasons. In contrast, responsibility is often considered to require that someone has thought about the alternative options. In this study we use an online survey to directly test to which degree lay judgements of freedom and responsibility match. Specifically, we test whether manipulations of deliberation affect freedom and responsibility judgements in the same way. Furthermore, we also test the dependency of these judgements on a person’s belief that their decision had consequences for their personal life. We find that people are generally considered to be more responsible for their actions than they are considered free, across most of the conditions tested. Furthermore, we found that deliberation had an opposite effect on freedom and responsibility judgements. People were considered more free when they acted spontaneously, whereas they were considered more responsible when they deliberated about their actions. These results seem to suggest that deliberating about reasons is crucially important for the lay concept of responsibility, while it is not obviously …. (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)

The widespread practices of data collection by third-party actors pose challenges to children’s and adolescents’ privacy when they navigate digital environments. Given that the informed-consent par...

Accountability and responsibility are key concepts in the academic and societal debate on Autonomous Weapon Systems, but these notions are often used as high-level overarching constructs and are not operationalised to be useful in practice. “Meaningful Human Control” is often mentioned as a requirement for the deployment of Autonomous Weapon Systems, but a common definition of what this notion means in practice, and a clear understanding of its relation with responsibility and accountability is also lacking. In this paper, we present (...) a definition of these concepts and describe the relations between accountability, responsibility, control and oversight in order to show how these notions are distinct but also connected. We focus on accountability as a particular form of responsibility—the obligation to explain one’s action to a forum—and we present three ways in which the introduction of Autonomous Weapon Systems may create “accountability gaps”. We propose a Framework for Comprehensive Human Oversight based on an engineering, socio-technical and governance perspective on control. Our main claim is that combining the control mechanisms at technical, socio-technical and governance levels will lead to comprehensive human oversight over Autonomous Weapon Systems which may ensure solid controllability and accountability for the behaviour of Autonomous Weapon Systems. Finally, we give an overview of the military control instruments that are currently used in the Netherlands and show the applicability of the comprehensive human oversight Framework to Autonomous Weapon Systems. Our analysis reveals two main gaps in the current control mechanisms as applied to Autonomous Weapon Systems. We have identified three first options as future work for the design of a control mechanism, one in the technological layer, one in the socio-technical layer and one the governance layer, in order to achieve comprehensive human oversight and ensure accountability over Autonomous Weapon Systems. (shrink)

New technologies are the source of uncertainties about the applicability of moral and morally connotated concepts. These uncertainties sometimes call for conceptual engineering, but it is not often recognized when this is the case. We take this to be a missed opportunity, as a recognition that different researchers are working on the same kind of project can help solve methodological questions that one is likely to encounter. In this paper, we present three case studies where philosophers of technology implicitly engage (...) in conceptual engineering (without naming it as such). We subsequently reflect on the case studies to find out how these illustrate conceptual engineering as an appropriate method to deal with pressing concerns in the philosophy of technology. We have two main goals. We first want to contribute to the literature on conceptual engineering by presenting concrete examples of conceptual engineering in the philosophy of technology. This is especially relevant, because the technologies that are designed based on the conceptual work done by philosophers of technology potentially have crucial moral and social implications. Secondly, we want to make explicit what choices are made when doing this conceptual work. Making explicit that some of the implicit assumptions are, in fact, debated in the literature allows for reflection on these questions. Ultimately, our hope is that conscious reflection leads to an improvement of the conceptual work done. (shrink)

In recent years, there has been a trend in psychiatry to try and explain disorders of action in terms of an over-reliance on the habitual mode of action. In particular, it has been hypothesized that compulsions in obsessive-compulsive disorder are driven by maladaptive habits. In this paper, I argue that this view of obsessive-compulsive disorder does not fit the phenomenology of the disorder in many patients and that a more refined conceptualization of habit is likely to be helpful in clarifying (...) the distinctions between disorders of action. There are thus two aims to this paper. The first is to highlight the issues pertaining to the view that compulsions are the result of an over-reliance on the habitual mode of action, leading to a loss of agentive control. The second aim is to examine the view of agentive control implicit in those accounts and see how other conceptions of agentive control might do a better job at accounting for the distinct ways in which persons suffering from pathologies of action may be said to lack control. (shrink)