David Shoemaker has recently defended a response-dependent view of moral responsibility. We critically discuss some aspects of Shoemaker's view.

ZusammenfassungOnora O’Neill hat 1984 den Zusammenhang zwischen grundsätzlichen Bedenken gegenüber dem ethischen Autonomiebegriff und der Kritik an der paternalistisch geprägten medizinethischen Praxis hergestellt, nicht die tatsächliche Einwilligung des konkreten Patienten zu berücksichtigen, sondern die angenommene, hypothetische Einwilligung, die ein idealisierter, völlig rationaler Patient geben würde. Im Anschluss an experimentalpsychologische Studien zur subliminalen Wahrnehmung, zu Volition und Handlungskontrolle erfahren kompatibilistische Theorien menschlicher Freiheit innerhalb der theoretischen Philosophie neue Popularität. Eine Handlung ist demnach frei, wenn sie das Resultat bestimmter Fähigkeiten einer Person (...) ist. Der Artikel setzt sich mit zwei dieser Theorien, Henrik Walters Konzept „natürlicher Freiheit“ und Michael Pauens „Minimalkonzeption personaler Freiheit“ näher auseinander—und zwar vorderhand im Hinblick auf den Entwurf eines nichtidealisierten ethischen Autonomiekonzeptes. Als solches ist es an der aktualen bzw. faktischen Fähigkeit einer Person ausgerichtet, rekurrierend auf die spezifische Determiniertheit autonomer Entscheidungen und Handlungen sowie auf ein relativiertes Konzept menschlicher Vernunft. (shrink)

This article argues that it is possible to act paternalistically towards future people, as long as the following requirements are met: the act/choice is not such that it will prevent the future person from coming into existence; the action/choice is such that it can be taken by the future person herself without significant disadvantage to her; and the act/choice is not such that there is significant uncertainty at the time of choice about the preferences of the future person. I argue (...) that the possibility of acting paternalistically towards future people is of practical as well as theoretical importance. This is true since some of the policies we might choose to pursue on behalf of future people are paternalistic, in particular constitutional policies implemented because we do not trust future people to choose wisely. I end the paper by pointing out why it is valuable to approach intergenerational issues through both the paternalistic prism and the prism of theories of justice. (shrink)

In her recent book Causation and Free Will, Carolina Sartorio develops a distinctive version of an actual-sequence account of free will, according to which, when agents choose and act freely, their freedom is exclusively grounded in, and supervenes on, the actual causal history of such choices or actions. Against this proposal, I argue for an alternative- possibilities account, according to which agents’ freedom is partly grounded in their ability to choose or act otherwise. Actual-sequence accounts of freedom are motivated by (...) a reflection on so-called Frankfurt cases. Instead, other cases, such as two pairs of examples originally designed by van Inwagen, threaten actual-sequence accounts, including Sartorio’s. On the basis of her view of causation, Sartorio contends, however, that the two members of each pair have different causal histories, so that her view is not undermined by those cases after all. I discuss these test cases further and defend my alternative-possibilities account of freedom. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the (...) capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

In this article I review the core elements of Carolina Sartorio’s actual causal sequence account of free will and moral responsibility, and propose two revisions. First, I suggest replacing the contested notion of absence causation by the relatively uncontroversial notion of causal explanation by absences. Second, I propose retaining explanation by unreduced dispositions, of which Sartorio appears to be wary. I then set out a response to her critical treatment of manipulation arguments against compatibilism. Lastly, I point out that Sartorio’s (...) reasons-sensitivity condition on moral responsibility is amenable to a conception of moral responsibility that, unlike the one she endorses, dispenses with basic desert. (shrink)

Despite widespread agreement that ambivalence precludes agency “at its best,” in this paper I argue that ambivalence as such is no threat to one’s agency. In particular, against “unificationists” like Harry Frankfurt I argue that failing to be fully integrated as an agent, lacking purity of heart, or being less than wholehearted in one’s choices, tells us nothing about whether an agent’s will is properly functioning. Moreover, it will turn out that in many common circumstances, wholeheartedness with respect to some (...) motive or course of action is itself a defect in an agent’s will. (shrink)

Most seem to presume that what is threatening about manipulation arguments is the ‘no difference’ premise – that is, the claim that there are no responsibility-relevant differences between a manipulated agent and her merely causally determined counterpart. This presumption underlies three recent replies to manipulation arguments from Kearns (2012), King (2013), and Schlosser (2015). But these replies fail to appreciate the true threat from manipulation arguments – namely, the manipulation cases that are allegedly counterexamples to the leading compatibilist conditions on (...) moral responsibility. This paper argues that if there is a counterexample to all the leading compatibilist conditions on moral responsibility then this is sufficient to undermine compatibilism. (shrink)

Free will skepticism is the view that people never truly deserve to be praised, blamed, or punished for what they do. One challenge free will skeptics face is to explain how criminality could be dealt with given their skepticism. This paper critically examines the prospects of implementing legal changes concerning crime and punishment derived from the free will skeptical views developed by Derk Pereboom and Gregg Caruso. One central aspect of the changes their views require is a concern for reducing (...) the severity of current forms of punishment. The paper considers two strategies for pursuing such a reduction. By taking into account evidence from the psychology of belief in free will and desire to punish, it is argued that a strategy aiming at a reduction of people’s natural desire to punish criminals can be successful if capable of providing alternatives to current forms of punishment satisfying three properties: they must be less harmful than current forms of punishment, more effective in preventing crime, and incompatible with current forms of punishment. (shrink)

Some psychologists and philosophers have argued that neuroscience is importantly relevant to our moral responsibility practices, especially to our practices of praise and blame. For consider: on an unprecedented scale, contemporary neuroscience presents us with a mechanistic account of human action. Furthermore, in uential studies – most notoriously, Libet et al. (1983) – seem to show that the brain decides to do things (so to speak) before we consciously make a decision. In light of these ndings, then – or so (...) some have argued – we ought to revise our practices of praise and blame. In the current paper, I argue that this conclusion is unwarranted. The reason is that the argument for it depends on controversial non-empirical premises, premises we need not accept. I suggest, however, that neuroscience does bear on our moral responsibility practices in one important, if less revisionary, way. In particular, neuroscience o ers a new kind of evidence for determining when agents should be held exempt from our normal moral responsibility practices. (shrink)

What does it take for an individual to be personally responsible for behaviors that lead to increased risk of disease? We examine three approaches to responsibility that cover the most important aspects of the discussion of responsibility and spell out what it takes, according to each of them, to be responsible for behaviors leading to increased risk of disease. We show that only what we call the causal approach can adequately accommodate widely shared intuitions to the effect that certain causal (...) influences—such as genetic make-up or certain social circumstances—diminish, or undermine personal responsibility. However, accepting the causal approach most likely makes personal responsibility impossible. We therefore need either to reject these widely shared intuitions about what counts as responsibility-softening or undermining or to accept that personal responsibility for behaviors leading to increased risk of disease rests on premises so shaky that personal responsibility is probably impossible. (shrink)

Traditional compatibilism about free will is widely considered to be untenable. In particular, the conditional analysis of the ability to do otherwise appears to be subject to clear counterexamples. I will propose a new version of traditional compatibilism that provides a conditional account of both the ability to do otherwise and the ability to choose to do otherwise, and I will argue that this view withstands the standard objections to traditional compatibilism. For this, I will assume with incompatibilists that the (...) mere possession of a general ability to do otherwise is not sufficient for having the ability that is required for free will. This concession distinguishes the view from the traditional conditional analysis and from recent dispositional accounts of the ability to do otherwise, and we will see that this concession enables a straightforward response to the counterexamples. This, in turn, will play a crucial role in my response to the strongest version of the consequence argument for incompatibilism. (shrink)

“Frankfurt-style cases” are widely considered as having refuted the Principle of Alternate Possibilities by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy has recently argued that FSCs fail because our intuitions about cases involving counterfactual interveners are inconsistent, and this inconsistency is best explained by the fact that our intuitions about such cases are grounded in an internalist prejudice about the location of mental states and capacities. In response (...) to this challenge, we argue that there is no inconsistency in our intuitions about cases involving CIs, as soon as we draw the comparison properly, and that intuitions about such cases do not rest on an internalist prejudice, but on a more basic distinction between two kinds of dispositions. Additionally, we discus... (shrink)

In a recent article, Robert Lockie brings about a critical examination of three Frankfurtstyle cases designed by David Widerker and Derk Pereboom. His conclusion is that these cases do not refute either the Principle of Alternative Possibilities or some cognate leeway principle for moral responsibility. Though I take the conclusion to be true, I contend that Lockie's arguments do not succeed in showing it. I concentrate on Pereboom's Tax Evasion 2. After presenting Pereboom's example and analyzing its structure, I distinguish (...) two strategies of Lockie's to defend PAP against it, which I call "No True Alternative Decision" and "No Responsibility", respectively. According to NTAD, Pereboom's example fails because the agent has alternatives to his decision. I hold that this strategy is faulty because the alternatives that Lockie points to are arguably not robust enough to save PAP. According to NR, the example fails because the agent is not blameworthy for his decision. After defending the intuitiveness of the agent's blameworthiness, I present Lockie's arguments against this blameworthiness and suggest that they might beg the question against Frankfurt theorists. I examine Lockie's main response to this question-begging objection and hold that it does not clearly succeed in meeting it. Moreover, I hold that this response faces other important problems. Additional responses appear to be unsatisfactory as well. Hence, Lockie's defense of the agent's blamelessness lacks justification. The general conclusion is that Lockie does not succeed in defusing Pereboom's Tax Evasion 2 as a counterexample to PAP. (shrink)

The aim of this paper is to present a version of the principle of alternate possibilities which is not susceptible to the Frankfurt-style counter-example. I argue that PAP does not need to be endorsed as a necessary condition for moral responsibility and, in fact, presenting PAP as a sufficient condition maintains its usefulness as a maxim for moral accountability whilst avoiding Frankfurt-style counter-examples. In addition, I provide a further sufficient condition for moral responsibility – the twin world condition – and (...) argue that this provides a means of justifying why the protagonist in Frankfurt-style scenarios is still felt to be morally responsible. I conclude with the claim that neither the amended PAP nor the twin world condition is necessary for the ascription of moral responsibility; rather, what is necessary is simply that one of these conditions is satisfied. (shrink)

The new dispositionalists defend the position that an agent in a deterministic Frankfurt-style case has the ability to do otherwise, where that ability is the one at issue in the principle of alternative possibilities. Focusing specifically on Kadri Vihvelin's proposal, I argue against this position by showing that it is incompatible with the existence of structurally similar cases to FSCs in which a preemptive intervener bestows an agent with an ability.

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)

The inference from determinism to predictability, though intuitively plausible, needs to be qualified in an important respect. We need to distinguish between two different kinds of predictability. On the one hand, determinism implies external predictability , that is, the possibility for an external observer, not part of the universe, to predict, in principle, all future states of the universe. Yet, on the other hand, embedded predictability as the possibility for an embedded subsystem in the universe to make such predictions, does (...) not obtain in a deterministic universe. By revitalizing an older result—the paradox of predictability —we demonstrate that, even in a deterministic universe, there are fundamental, non-epistemic limitations on the ability of one subsystem embedded in the universe to predict the future behaviour of other subsystems embedded in the same universe. As an explanation, we put forward the hypothesis that these limitations arise because the predictions themselves are physical events which are part of the law-like causal chain of events in the deterministic universe. While the limitations on embedded predictability cannot in any direct way show evidence of free human agency, we conjecture that, even in a deterministic universe, human agents have a take-it-or-leave-it control over revealed predictions of their future behaviour. (shrink)

Many philosophers maintain that the ability to do otherwise is compatible with comprehensive divine foreknowledge but incompatible with the truth of causal determinism. But the Fixity of the Past principle underlying the rejection of compatibilism about the ability to do otherwise and determinism appears to generate an argument also for the incompatibility of the ability to do otherwise and divine foreknowledge. By developing an account of ability that appeals to the notion of explanatory dependence, we can replace the Fixity of (...) the Past with a principle that does not generate this difficulty. I develop such an account and defend it from objections. I also explore some of the account's implications, including whether the account is consistent with presentism. (shrink)

Nearly all defences of the agent-causal theory of free will portray the theory as a distinctively libertarian one — a theory that only libertarians have reason to accept. According to what I call ‘the standard argument for the agent-causal theory of free will’, the reason to embrace agent-causal libertarianism is that libertarians can solve the problem of enhanced control only if they furnish agents with the agent-causal power. In this way it is assumed that there is only reason to accept (...) the agent-causal theory if there is reason to accept libertarianism. I aim to refute this claim. I will argue that the reasons we have for endorsing the agent-causal theory of free will are nonpartisan. The real reason for going agent-causal has nothing to do with determinism or indeterminism, but rather with avoiding reductionism about agency and the self. As we will see, if there is reason for libertarians to accept the agent-causal theory, there is just as much reason for compatibilists to accept it. It is in this sense that I contend that if anyone should be an agent-causalist, then everyone should be an agent-causalist. (shrink)

This article explores the conceptual connections between free action and action for which the agent is morally responsible. Questions addressed include the following. Can agents who are never morally responsible for anything sometimes act freely? Can agents who never act freely be morally responsible for some of their actions? Various compatibilist and incompatibilist responses to these questions are discussed, as is the control over their behavior that ordinary agents attribute to themselves.

This paper considers how counterfactuals should be evaluated on the assumption that determinism is true. I argue against Lewis's influential view that the actual laws of nature would have been false if something had happened that never actually happened, and in favour of the competing view that history would have been different all the way back. I argue that we can do adequate justice to our ordinary practice of relying on a wide range of historical truths in evaluating counterfactuals by (...) saying that, in typical cases, history would have been only *very slightly* different until shortly before the relevant time. The paper also draws some connections between the puzzle about counterfactuals under determinism and the debate about whether determinism entails that no-one can ever do otherwise than they in fact do. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

Many philosophers think not only that we are free to act otherwise than we do, but also that we experience being free in this way. Terry Horgan argues that such experience is compatibilist: it is accurate even if determinism is true. According to Horgan, when people judge their experience as incompatibilist, they misinterpret it. While Horgan's position is attractive, it incurs significant theoretical costs. I sketch an alternative way to be a compatibilist about experiences of free agency that avoids these (...) costs. In brief, I assume that experiences of freedom have a sort of phenomenal content that is inaccurate if determinism is true, just as many incompatibilists claim. Still, I argue that these experiences also have another sort of phenomenal content that is normally accurate, even assuming determinism. (shrink)

It is commonly thought, in line with the position defended in an influential paper by David Lewis, that the decision problems faced in the prisoner’s dilemma and the Newcomb situation are essentially the same problem. José Luis Bermúdez has recently attacked the case Lewis makes for this claim. While I think the claim is false, I contend that Bermúdez’s reason for rejecting Lewis’s argument is inadequate, and then outline what I take to be a better reason for doing so.

Onora O’Neill hat 1984 den Zusammenhang zwischen grundsätzlichen Bedenken gegenüber dem ethischen Autonomiebegriff und der Kritik an der paternalistisch geprägten medizinethischen Praxis hergestellt, nicht die tatsächliche Einwilligung des konkreten Patienten zu berücksichtigen, sondern die angenommene, hypothetische Einwilligung, die ein idealisierter, völlig rationaler Patient geben würde. Im Anschluss an experimentalpsychologische Studien zur subliminalen Wahrnehmung, zu Volition und Handlungskontrolle erfahren kompatibilistische Theorien menschlicher Freiheit innerhalb der theoretischen Philosophie neue Popularität. Eine Handlung ist demnach frei, wenn sie das Resultat bestimmter Fähigkeiten einer Person (...) ist („Kompetenztheorie“). Der Artikel setzt sich mit zwei dieser Theorien, Henrik Walters Konzept „natürlicher Freiheit“ und Michael Pauens „Minimalkonzeption personaler Freiheit“ näher auseinander—und zwar vorderhand im Hinblick auf den Entwurf eines nichtidealisierten ethischen Autonomiekonzeptes. Als solches ist es an der aktualen bzw. faktischen Fähigkeit einer Person ausgerichtet, rekurrierend auf die spezifische Determiniertheit autonomer Entscheidungen und Handlungen sowie auf ein relativiertes Konzept menschlicher Vernunft. (shrink)

We propose another positive illusion that fits with McKay & Dennett's (M&D's) criteria for adaptive misbeliefs. This illusion is pervasive in adult reasoning but we focus on its prevalence in children's developing theories. It is a strongly held conviction arising from normal functioning of the doxastic system that confers adaptive advantage on the individual.

Naive physics beliefs can be systematically mistaken. They provide a useful test-bed because they are common, and also because their existence must rely on some adaptive advantage, within a given context. In the second part of the commentary we also ask questions about when a whole family of misbeliefs should be considered together as a single phenomenon.

‘Frankfurt-style cases’ (FSCs) are widely considered as having refuted the Principle of Alternate Possibilities (PAP) by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy (J Philos 105:223–239, 2008) has recently argued that FSCs fail because we are not entitled to suppose that the agent is morally responsible, given that the mere presence of a counterfactual intervener is enough to make an agent lose responsibility-grounding abilities. Here, I distinguish two (...) kinds of Frankfurt counter-arguments against the PAP: the direct and the indirect counter-arguments. I then argue that Levy’s argument, if valid, can shed doubt on the indirect argument but leaves the direct argument untouched. I conclude that FSCs can still do their job, even if we grant that the mere presence of a counterfactual intervener can modify an agent’s abilities. (shrink)

One reason that many philosophers are reluctant to seriously contemplate the possibility that we lack free will seems to be the view that we must believe we have free will if we are to regard each other as persons in the morally deep sense—the sense that involves deontological notions such as human rights. In the contemporary literature, this view is often informed by P.F. Strawson's view that to treat human beings as having free will is to respond to them with (...) the reactive attitudes, and that if we suspend the reactive attitudes we can only regard human beings as objects to be manipulated in the service of social goals. This purported implication of suspending the reactive attitudes has persuaded many philosophers that we cannot truly treat human beings as persons without assuming that they have free will. I argue that this line of thinking is misguided. I think Strawson is correct to worry that the consequentialism he sees as implicit in the objective attitude undermines our ability to treat each other as persons. But I think it is a mistake to accept that we must maintain the reactive attitudes, or any other attributions of free will or moral responsibility, to avoid a depersonalizing slide into consequentialism. Kant's idea of treating people as autonomous ends in themselves, rather than as mere means to ends, provides a compelling analysis of what it means to treat humans as persons, and I argue that there are ways of interpreting Kant's idea which do not involve reactive attitudes or any other attributions of free will or moral responsibility. -/- . (shrink)

Libertarianism has, seemingly, always been in disrepute among philosophers. While throughout history philosophers have offered different reasons for their dissatisfaction with libertarianism, one worry is recurring: namely a worry about luck. To many, it seems that if our choices and actions are undetermined, then we cannot control them in a way that allows for freedom and responsibility. My fundamental aim in this paper is to place libertarians on a more promising track for formulating a defensible libertarian theory. I begin by (...) arguing that Robert Kane's influential formulation of libertarianism actually generates an acute worry about luck, showing specifically that Kane's recipe for solving the problem of luck and his attendant conception of the location and role of indeterminism derived from it are deeply problematic. I then offer a reformulation of libertarianism ? particularly a new conception of the location and role of indeterminism ? that is capable of avoiding the problems that beset Kane's theory and that, I argue, places libertarians on a more promising track for formulating a defensible theory. (shrink)

According to the Principle of the Fixity of the Past (FP), no one can now do anything that would require the past to have unfolded differently than it actually did, for the past is fixed, over and done with. Why might doing something in the future require the past to be different? Because if determinism is true—if the laws of nature and the initial conditions of the Big Bang determined a unique future for our universe—then doing anything other than what (...) you are determined to do would require one of two things: either a miracle, a violation of the actual laws of nature, or a different past, all the way back to the Big Bang or beyond. Which would it be? Those who reject miracles accept a Backtracking Principle (BT), according to which the past would (have to) be different. If this is correct, then it follows by (FP) that you cannot now do anything other than what you are determined to do. The conclusion of this much-discussed argument is that the freedom to do otherwise is incompatible with determinism. In order to break a stalemate between incompatibilists and compatibilists in the debate over (FP), this article presents a new Action-Type Argument for (FP). The aim is to refute Backtracking Compatibilism, the view that (BT) is true and yet the freedom to do otherwise is compatible with determinism. The form of the Action-Type Argument for (FP) also leads to a Simple Argument for incompatibilism, which does not assume (BT). What the Simple Argument does assume is a “governing” view of laws of nature, a view of laws as more than mere regularities that turn out to be exceptionless over all time. Incompatibilism follows. (shrink)

I argue that the empirical literature on priming effects does not warrant nor suggest the conclusion, drawn by prominent psychologists such as J. A. Bargh, that we have no free will or less free will than we might think. I focus on a particular experiment by Bargh – the ‘elderly’ stereotype case in which subjects that have been primed with words that remind them of the stereotype of the elderly walk on average slower out of the experiment’s room than control (...) subjects – and I show that we cannot say that subjects cannot help walking slower or that they are not free in doing do. I then illustrate how these cases can be reconciled and normalized within a Davidsonian theory of action to show that, in walking slower, subjects are acting intentionally. My argument applies across various experiments, including those of goal priming. In the final section I argue that the only cases in which priming effects are efficacious are so-called Buridan cases. (shrink)

In this paper, I examine a new line of response to Frankfurt’s challenge to the traditional association of moral responsibility with the ability to do otherwise. According to this response, Frankfurt’s counterexample strategy fails, not in light of the conditions for moral responsibility per se, but in view of the conditions for action. Specifically, it is claimed, a piece of behavior counts as an action only if it is within the agent’s power to avoid performing it. In so far as (...) Frankfurt’s challenge presupposes that actions can be unavoidable, this view of action seems to bring his challenge up short. Helen Steward and Maria Alvarez have independently proposed versions of this response. Here I argue that this response is unavailable to Frankfurt’s incompatibilist opponents. This becomes evident when we put this question to its proponents: “Are actions that originate deterministically ipso facto unavoidable?” If they answer “yes,” they encounter one horn of a dilemma. If they answer “no,” they encounter the other horn. Since no one has a clearer stake in meeting Frankfurt’s challenge than these theorists do, it is significant that the Steward-Alvarez response is unavailable to them. (shrink)

Argument for fatalism attempts to prove that free choice is a logical or conceptual impossibility. The paper argues that the first two premises of the argument are sound: propositions are either true or false and they have their truth-value eternally. But the claim that from the fatalistic premises with the introduction of some innocent further premise dire consequences follow as regards to the possibility of free choice is false. The introduced premise, which establishes the connection between the first two premises (...) (which are about the nature of propositions) and the concept of free choice is not innocent. It creates the impression that the truth of certain propositions can somehow determine the occurrence of certain events. But no proposition can have such an effect since the counterfactuals If proposition P were true, event E would happen does not say anything about determination. The argument for fatalism is, however, not a boring sophism. It does reveal something about the nature of propositional representation. It shows that each proposition represents necessarily the fact what it represents, i.e. it shows that propositions have their truth conditions non-contingently. But from this nothing follows as regards to the contingent nature of the facts represented. On the bases of the first two premises of the argument for fatalism we cannot infer to the impossibility of free choice. The argument for fatalism should not be interpreted as an attempt to prove on purely logical or conceptual grounds that we do not have the ability to influence future events by our choices. But it could be used to show something about the nature of propositional representation. (shrink)

Local miracle compatibilists claim that we are sometimes able to do otherwise than we actually do, even if causal determinism obtains. When we can do otherwise, it will often be true that if we were to do otherwise, then an actual law of nature would not have been a law of nature. Nevertheless, it is a compatibilist principle that we cannot do anything that would be or cause an event that violates the laws of nature. Carl Ginet challenges this nomological (...) principle, arguing that it is not always capable of explaining our inability to do otherwise. In response to this challenge, I point out that this principle is part of a defense against the charge that local miracle compatibilists are committed to outlandish claims. Thus it is not surprising that the principle, by itself, will often fail to explain our inability to do otherwise. I then suggest that in many situations in which we are unable to do otherwise, this can be explained by the compatibilist’s analysis of ability, or his criteria for the truth of ability claims. Thus, the failure of his nomological principle to explain the falsity of certain ability claims is no strike against local miracle compatibilism. (shrink)

I have presented a Frankfurt-style argument (Pereboom 2000, 2001, 2003) against the requirement of robust alternative possibilities for moral responsibility that features an example, Tax Evasion , in which an agent is intuitively morally responsible for a decision, has no robust alternative possibilities, and is clearly not causally determined to make the decision. Here I revise the criterion for robustness in response to suggestions by Dana Nelkin, Jonathan Vance, and Kevin Timpe, and I respond to objections to the argument by (...) Carlos Moya and David Widerker, in the process of which I refine the Tax Evasion example. (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 contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In 1969 Harry Frankfurt published his hugely influential paper 'Alternate Possibilities and Moral Responsibility' in which he claimed to present a counterexample to the so-called 'Principle of Alternate Possibilities' ('a person is morally responsible for what he has done only if he could have done otherwise'). The success of Frankfurt-style cases as counterexamples to the Principle has been much debated since. I present an objection to these cases that, in questioning their conceptual cogency, undercuts many of those debates. Such cases (...) all require a counterfactual mechanism that could cause an agent to perform an action that he cannot avoid performing. I argue that, given our concept of what it is for someone to act, this requirement is inconsistent. Frankfurt-style alleged counterexamples are cases where an agent is morally responsible for an action he performs even though, the claim goes, he could not have avoided performing that action. However, it has recently been argued, e.g. by John Fischer, that a counterexample to the Principle could be a 'Fischer-style case', i.e. a case where the agent can either perform the action or do nothing else. I argue that, although Fischer-style cases do not share the conceptual flaw common to all Frankfurt-style cases, they also fail as counterexamples to the Principle. The paper finishes with a brief discussion of the significance of the Principle of Alternate Possibilities. (shrink)

John Fischer has attacked the Ockhamistic solution to the freedom–foreknowledge dilemma by arguing that: (1) God's prior beliefs about the future, though being soft facts about the past, are soft facts of a special sort, what he calls ‘hard-type soft facts’, i.e. soft facts, the constitutive properties of which are ‘hard’, or ‘temporally non-relational properties’; (2) in this respect, such facts are like regular past facts which are subject to the fixity of the past. In this paper, I take issue (...) with this argument by Fischer, claiming that it does not succeed for two reasons: (i) Fischer's account of the notion of a hard property is unsatisfactory; (ii) his notion of a hard-type soft fact is incoherent. Despite this criticism, I agree with Fischer that there is a fundamental difference between God's beliefs about the future and regular soft facts with regard to their fixity-status, but I argue that the reason for this difference is that God's forebeliefs are plain hard facts about the past. (shrink)

Nothing can kill a promising research program in ethics more quickly than a plausible argument to the effect that it is committed to a morally repellent consequence. It is especially troubling when a theory one favors is jeopardized in this way. I have this worry about Harry Frankfurt's theory of free will, autonomous agency and moral responsibility, for there is a very plausible argument to the effect that aspects of his view commit him to a version of the late Stoic (...) thesis that acting freely is a matter of ‘making do,’ that is, of bringing oneself to be motivated to act in accordance with the feasible, so that personal liberation can be achieved by resigning and adapting oneself to necessity. In this paper I try to determine whether the theory does in fact commit Frankfurt (and adherents like me) to this result and, if so, what can be done to prevent it. (shrink)

Peter van Inwagen contends that nonresponsibility transfers across deterministic relations. Suppose it does. If the facts of the past and the laws of nature entail every truth about what one does, and no one is even in part morally responsible for the past and the laws, then no one is even in part morally responsible for what one does. This argument, the Direct Argument, has drawn various critics, who have attempted to produce counterexamples to its core inference principle. This article (...) considers two notable efforts, one by John Martin Fischer and Mark Ravizza and another by David Widerker. It shows that neither is sufficient to reject the Direct Argument. The article then proceeds to challenge the argument in a novel fashion. Van Inwagen has not given us good reason to think that the principle in question has an adequate anchor in our inferential practices, especially in light of the dialectical context with the compatibilist. Hence, it is not the compatibilists' burden to produce counterexamples to it. Rather, it is van Inwagen's burden to produce relevant confirming instances of it. (shrink)

Claims about agents’ abilities—practical abilities—are common in theliterature on free will, moral responsibility, moral obligation, personalautonomy, weakness of will, and related topics. These claims typicallyignore differences among various kinds or levels of practical ability. Inthis article, using ‘A’ as an action variable, I distinguish among threekinds or levels: simple ability toA; ability toAintentionally; and a morereliable kind of ability toAassociated with promising toA. I believe thatattention to them will foster progress on the topics I mentioned. Substan-tiating that belief—by making progress (...) on these topics in light of suchattention—is a project for other occasions. My aim here is to lay a partialfoundation for that project. (shrink)

Suppose that there is no real distinction between 'mad' and 'bad' because every truly bad-acting agent, proves to be a morally incompetent one. If this is the case: should we not change our ordinary interpersonal relationships in which we blame people for the things they do? After all, if people literally always act to 'the best of their abilities' nobody is ever to blame for the wrong they commit, whether these wrong actions are 'horrible monster'-like crimes or trivial ones, such (...) as cycling on a footpath. This paper offers a skeptical solution, i.e., a solution that does not depend upon the existence of individual responsibility for extreme wrongdoing. I conclude that even in the 'worst case' that skepticism about the distinction between mad and bad is warranted, we are nevertheless justified to treat one another; in general, as morally competent agents who are often to blame for the wrong they commit. (shrink)