Orthodoxy holds that the difference between weakness of will and compulsion is a matter of the resistibility of an agent's effective motivation, which makes control-based views of agency especially well equipped to distinguish blameworthy weak-willed acts from non-blameworthy compulsive acts. I defend an alternative view that the difference between weakness and compulsion instead lies in the fact that agents would upon reflection give some conative weight to acting on their weak-willed desires for some aim other than to extinguish them, but (...) not to their compulsive desires. This view allows identificationist theorists of moral responsibility to explain why weak-willed actions, but not compulsive actions, are attributable to agents such that they can, in theory, be praised or blamed for them. After motivating and presenting the view in detail, I show how it has unique resources for explaining the ethics of managing one's compulsions. (shrink)

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in particular (...) conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

It is a common idea, and an element in many legal systems, that people can deserve punishment when they commit criminal (or immoral) actions. A standard philosophical objection to this retributivist idea about punishment is that if human choices and actions are determined by previous events and the laws of nature, then we are not free in the sense required to be morally responsible for our actions, and therefore cannot deserve blame or punishment. It has recently been suggested that this (...) argument can be backed up by neuroscience, since neuroscientific explanations of human behavior leave no room for non-determined free actions. In this thesis, an argument of this sort is discussed. According to this argument, that I call “the Revision Argument”, we should revise the legal system so that any retributivist justification of punishment is removed. I examine some objections to the Revision Argument according to which compatibilism about free will and responsibility is a morally acceptable basis of retributive punishment. I argue that these objections have difficulties in providing a plausible account of the relevant difference between people who deserve punishment for their actions and people who do not. Therefore, I argue that they fail to refute the conclusion of the Revision Argument. (shrink)

According to Dewey, we are responsible for our conduct because it is “ourselves objectified in action”. This idea lies at the heart of an increasingly influential deep self approach to moral responsibility. Existing formulations of deep self views have two major problems: They are often underspecified, and they tend to understand the nature of the deep self in excessively rationalistic terms. Here I propose a new deep self theory of moral responsibility called the Self-Expression account that addresses these issues. The (...) account is composed of two parts. The first part answers the question, What is a deep self? Theorists have tended to favor cognitive views that understand the deep self in terms of rationally formed evaluative judgment. I propose instead a conative view that says one’s deep self consists of a distinctive kind of pro-attitude, cares, and I provide an account of cares in terms of their distinctive psychological functional role. The second part answers the question, When does an action express one’s deep self? I criticize the agentially demanding conditions set out in existing views and propose a more minimalist alternative. I show that the Self-Expression account handles issues that bedeviled traditional deep self views, including how to explain moral responsibility for spontaneous, out of character, and weak-willed actions. (shrink)

Empirical evidence challenges many of the assumptions that underlie traditional philosophical and commonsense conceptions of human agency. It has been suggested that this evidence threatens also to undermine free will and moral responsibility. In this paper, I will focus on the purported threat to moral responsibility. The evidence challenges assumptions concerning the ability to exercise conscious control and to act for reasons. This raises an apparent challenge to moral responsibility as these abilities appear to be necessary for morally responsible agency. (...) I will argue that this challenge collapses once the underlying conditions on moral responsibility are specified in sufficient detail. I will argue, in other words, that the empirical evidence does not support a challenge to the assumption that we are, in general, morally responsible agents. In the final section, I will suggest that empirical research on human agency is nevertheless relevant to various questions about moral responsibility. (shrink)

A longstanding puzzle about moral responsibility for negligence arises from three plausible yet jointly inconsistent theses: (i) an agent can, in certain circumstances, be morally responsible for some outcome O, even if her behavior with respect to O is negligent (i.e., even if she never adverted to the possibility that the behavior might result in O), (ii) an agent can be morally responsible for O only if she has some control over O, (iii) if an agent acts negligently with respect (...) to O, then she has no control over O. This paper is in two parts. First, I argue that reasons-responsiveness models of moral responsibility can be applied naturally to negligence scenarios; indeed, agents are intuitively responsible for the outcomes of their negligent behavior just when they meet the conditions for responsibility given by the best reason-responsiveness theories. Second, if the reasons-responsiveness conditions are applicable to negligence scenarios then one of two things follows: either agents can have direct control over outcomes they never adverted to, or reasons-responsiveness is not a condition of control but of something else connected to moral responsibility. Each possibility would be important in its own right—and each can solve the negligence puzzle. (shrink)

Incompatibilism about responsibility and determinism is sometimes directly construed as the thesis that if we found out that determinism is true, we would have to give up the reactive attitudes. Call this "the consequence". I argue that this is a mistake: the strict modal thesis does not entail the consequence. First, some incompatibilists (who are also libertarians) may be what we might call *resolute responsibility theorists* (or "flip-floppers"). On this view, if we found out that determinism is true, this would (...) not be to find out that no one is responsible; instead, what this would suggest is that incompatibilism is after all false. Second, some incompatibilists may instead deny the claim that if we found out that no one deserves the reactiveattitudes, we would have to give up the reactive attitudes. Call this position *innocent incompatibilism*. I explore several different reasons why the fact that no one deserves the reactive attitudes likely does not translate into a requirement for us to give up the reactive attitudes. The upshot: incompatibilism may be practically irrelevant, even if true. (shrink)

A version of the principle of alternate possibilities claims that one is only blameworthy for actions which one was able to avoid. Much of the discussion about PAP concerns Frankfurt’s counterexamples to it. After fifty years of refined debates, progress might seem hopeless. Yet, we can make headway by asking: “what’s our reason for believing PAP?” The best answer is this: lacking eligible alternatives—alternatives whose cost is not too high to reasonably opt for—is a good excuse. Yet, this principle is (...) subject to straightforward counterexamples, unless it is given an epistemicised reading. And in this latter case, it does not support PAP. So, PAP is unsupported, at least for now. (shrink)

Philosophy and Phenomenological Research, EarlyView.

In this paper I argue that the distinction between moral responsibility and autonomy can illuminate various debates about the Zygote Argument. Having made this distinction, one can see how these manipulation arguments are unsuccessful. Building on previous work, I also argue that this distinction can provide a framework for understanding other important work in agency theory, including that of Harry Frankfurt and Gary Watson.

What are the distinctive psychological features that explain why humans are free, but many other creatures, such as simple animals, are not? It is natural to think that the answer has something to do with unique human capacities for decision-making. Philosophical discussions of how decision-making works, however, are tellingly incomplete. In particular, these discussions invariably presuppose an agent who has a mentally represented set of options already fully in hand. The emphasis is largely on the selective processes that identify the (...) options most worth doing and then execute them. But where do mentally represented sets of options come from in the first place? Once we focus on this constructive aspect of decision-making, an important fact becomes apparent: While the option sets of simpler animals are sharply limited, humans have a number of striking psychological powers—including remarkable powers of prospection and creativity—that enable them to construct option sets of unparalleled size and diversity. As a result, humans can express themselves in countless ways. This latitude for self-expression is, I argue, the distinctive feature that explains why humans are free. (shrink)

ABSTRACT:Nietzsche is mostly known for denying moral responsibility on account of lack of libertarian free will, thus betraying an incompatibilist approach to moral responsibility. In this paper, however, I focus on a different, less familiar argument by Nietzsche, one that I interpret as a critique of a compatibilist conception of moral responsibility. The critique shows why punishment and our moral sanctions in general are morally unjustified by the compatibilist's own lights. In addition, I articulate what I call Nietzsche's explanatory challenge, (...) which challenges the compatibilist to explain the performance of an immoral action without appealing to conditions that would exempt or excuse the wrongdoer or otherwise relieve the wrongdoer from responsibility and would thus make punishing the wrongdoer morally unjustified. By drawing on the work of R. Jay Wallace, I reconstruct Nietzsche's anticompatibilist argument and defend it against four possible objections. (shrink)

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

This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.

Jednou z důležitých otázek týkajících se svobodné vůle je tzv. otázka kompatibility. Táže se, zda jsou svobodná vůle a morální zodpovědnost slučitelné s platností determinismu. Existuje řada postojů k dané problematice. Na jedné straně se můžeme setkat s inkompatibilismem, který tvrdí, že svobodná vůle a morální zodpovědnost nejsou kompatibilní s kauzálním determinismem (ať již mluvíme o libertariánství či přísném determinismu), na straně druhé máme kompatibilismus, který se sloučením těchto dvou koncepcí nemá problém. Můj zájem je zaměřen pouze na současnou debatu (...) týkající se svobodné vůle, která prozatím nedošla k jednotné odpovědi na danou otázku. Jedním ze způsobů podpory stanovisek (ať již jedné či druhé strany) je odkaz na jejich intuitivnost. Lidské intuice jsou ale empiricky testovatelné, proč tedy tvrzení filosofů neověřit? Tuto otázku si pokládají zástupci poměrně mladého filosofického směru, kterým je experimentální filosofie. Ta ve svém znaku nese hořící křeslo, aby demonstrovala vymezení vůči závěrům získaným skrze čistě apriorní přístup a snahu o empirická přezkoumání dosavadních poznatků filosofie. Za pomoci experimentálních metod se zástupci experimentální filosofie snaží mapovat intuice laiků (tedy nefilosofů), kteří nejsou zatíženi teoretickými závazky jako samotní filosofové, a nedochází tudíž k nechtěnému zkreslení výsledků. Mým cílem je představit výsledky experimentální filosofie ohledně otázky kompatibility. Aby to bylo možné, je nutné se zběžně seznámit se základními odpověďmi na otázku kompatibility. Dále shrnu nejvýznamnější experimenty, které do dané diskuse přispěly. Chci zároveň poukázat, že debata experimentálních filosofů nabrala velice rychle svébytného směru, čímž, dle mého názoru, má potenciál původní diskusi posunout a obohatit. (shrink)