Przekład na podstawie: „Responsiveness and Moral Responsibility”, w: Responsibility, Character, and the Emotions: New Essays in Moral Psychology, red. Ferdinand Schoeman, 81–106; przedruk w: John Martin Fischer, My Way: Essays on Moral Responsibility, 63–83. Przekład za zgodą Autora. Autor przedstawia model odpowiedzialności moralnej oparty na faktycznej sekwencji i pojęciu zdolności reagowania na racje, a następnie przeprowadza analogię między tym modelem a opracowanym przez Roberta Nozicka modelem wiedzy opartej na faktycznej sekwencji, oraz wprowadza pojęcie semikompatybilizmu.

Our aim in this paper is to put the concept of moral responsibility under a microscope. At the lowest level of magnification, it appears unified. But Gary Watson has taught us that if we zoom in, we will find that moral responsibility has two faces: attributability and accountability. Or, to describe the two faces in different terms, there is a difference between being responsible and holding responsible. It is one thing to talk about the connection the agent has with her (...) action; it is quite another to talk about the potential interaction the agent might have with her moral community. It turns out, though, that the faces of moral responsibility can themselves be viewed under an even higher level of magnification. If moral responsibility has two faces, then our aim in this paper is to examine their features. To do so reveals subtle distinctions in our concept of moral responsibility and its interaction with surrounding issues that, we argue, can help illuminate various debates in the literature. (shrink)

I reply to the challenges to Frankfurt-style compatibilism about causal determinism and moral responsibility presented in Daniel Speak's paper 'The Impertinence of Frankfurt-Style Argument'. I seek to show how Speak's critiques rest on an 'all-or-nothing' attitude in various ways, and I attempt to defend the importance of Frankfurt-style argumentation in defence of compatibilism.

The Frankfurt cases have been thought by some philosophers to show that moral responsibility does not require genuine metaphysical access to alternative possibilities. But various philosophers have rejected this putative "lesson" of the cases, and they have put forward a powerful "Dilemma Defense." In the last decade or so, many philosophers have been persuaded by the Dilemma Defense that the Frankfurt cases do not show what Frankfurt (and others) thought they show. This essay presents a template for a general strategy (...) of response to the Dilemma Defense. It thus seeks to provide further support for the author's view that the Frankfurt cases help to establish that moral responsibility does not require alternative possibilities. (shrink)

In this paper I give an overview of my “framework for moral responsibility,” and I offer some reasons that commend it. I contrast my approach with indeterministic models of moral responsibility and also other compatibilist strategies, including those of Harry Frankfurt and Gary Watson.

John Martin Fischer is one of the leading proponents of semi-compatibilism, one of the ideas proposed in the debates on free will and determinism. According to him, even if it is not possible to make a free choice once determinism is accepted, persons can be held morally responsible for their actions. Thus, the ability to choose one of several alternatives, i.e. to act otherwise, is not necessary for moral responsibility. In his translated article Responsibility and Inevitability, Fischer sketches an outline (...) of a theory of moral responsibility that explains how persons are responsible for their actions, for the actions they do not perform (omissions), and for the consequences of their actions or omissions. (shrink)

In this paper I seek to identify different sorts of freedom putatively linked to moral responsibility; I then explore the relationship between such notions of freedom and the Consequence Argument, on the one hand, and the Frankfurt-examples, on the other. I focus (in part) on a dilemma: if a compatibilist adopts a broadly speaking "conditional" understanding of freedom in reply to the Consequence Argument, such a theorist becomes vulnerable in a salient way to the Frankfurt-examples.

Przekład na podstawie: “The Frankfurt Cases: The Moral of the Stories”, Philosophical Review 119 : 315–336. Przekład za zgodą Autora Autor argumentuje, że morał przykładów frankfurtowskich jest następujący: jeśli determinizm przyczynowy wyklucza odpowiedzialność moralną, to nie na mocy eliminacji alternatywnych możliwości, a następnie odpowiada na najważniejsze wyzwanie dla tej tezy, mianowicie argument nazywany „obroną przez dylemat”.

This paper focuses on Gilberto Gomes’ work on free will. In a series of contributions that have had a significant impact on the respective literature, Gomes developed a conception about free will and argued that its existence is consistent with recent scientific findings, specially in neuroscience. In this paper, I object to a claim of Gomes about his conception of free will, namely the claim that it is a compatibilist conception. I seek to show that Gomes does not use the (...) term ‘compatibilism’ as it is usual in the contemporary literature on free will, i.e., as the thesis that free will can exist even if determinism is true. Moreover, the conception of free will Gomes proposes actually has an incompatibilist commitment. I argue that, more than a mere terminological point, acknowledging the incompatibilist aspect of Gomes’ view motivates important questions about the details of the view and helps to reveal a limitation of his defense of the existence of free will. [Este artigo tem como tema o trabalho de Gilberto Gomes sobre o livre-arbítrio. Em uma série de contribuições que tiveram um impacto significativo na respectiva literatura, Gomes elaborou uma concepção sobre o livre-arbítrio e argumentou que sua existência é consistente com descobertas científicas recentes, especialmente na neurociência. Neste artigo, questiono uma afirmação de Gomes sobre sua concepção sobre o livre-arbítrio, a saber, que se trata de uma concepção compatibilista. Busco mostrar que Gomes não usa o termo ‘compatibilismo’ como é habitual na literatura contemporânea sobre o livre-arbítrio, isto é, como a tese segundo a qual o livre-arbítrio pode existir ainda que o determinismo seja verdadeiro. Ademais, a concepção sobre o livre-arbítrio desenvolvida por Gomes tem, efetivamente, um compromisso incompatibilista. Argumento que, mais do que uma mera elucidação terminológica, reconhecer o elemento incompatibilista presente na proposta de Gomes suscita questões importantes sobre os detalhes da proposta e também ajuda a reconhecer uma limitação de sua defesa da existência do livre-arbítrio.]. (shrink)

In a recent article in this journal, “Destinism,” Andrew Bailey presents a puzzle for “Destinism,” the view that the only things we can do are those we in fact do. The puzzle is intriguing and important in part because it challenges a doctrine that many philosophers think could be true compatibly with our being morally responsible. Destinism is at least a viable view. Bailey’s puzzle derives from very plausible assumptions, but I argue that these assumptions are not as plausible as (...) they appear. Interpreted in a way that renders one of them acceptable makes another problematic. There is no one interpretation on which the puzzling arguments are uncontrovertibly sound. (shrink)

I offer an overview of the book, _Death, Immortality, and Meaning in Life_, summarizing the main issues, arguments, and conclusions (Fischer 2020). I also present some new ideas and further developments of the material in the book. A big part of this essay is drawing connections between the specific issues treated in the book and those in other areas of philosophy, and in particular, the theory of agency and moral responsibility. I highlight some striking similarities of both structure and content (...) between the death/meaning in life literature and the free will/moral responsibility literature. (shrink)

In a fascinating recent article, Michael Otsuka seeks to bypass the debates about the Principle of Alternative Possibilities by presenting and defending a different, but related, principle, which he calls the “Principle of Avoidable Blame.” According to this principle, one is blameworthy for performing an act only if one could instead have behaved in an entirely blameless manner. Otsuka claims that although Frankfurt-cases do undermine the Principle of Alternative Possibilities, they do not undermine the Principle of Avoidable Blame. In this (...) brief paper, we offer a critical discussion of the core of Otsuka’s argument, especially the claim that his favored principle cannot be refuted by Frankfurt-cases. We do not believe that Otsuka has offered good reason to suppose that the Principle of Avoidable Blame—and the related incompatibilism—fares any better than the original Principle of Alternative Possibilities. (shrink)

In this paper I develop a sketch of an overall theology that dispenses with “alternative-possibilities” freedom in favor of “actual-sequence” freedom. I hold that acting freely does not require freedom to do otherwise, and that acting freely is the freedom component of moral responsibility. Employing this analytical apparatus, I show how we can offer various important elements of a theology that employs only the notion of acting freely. I distinguish my approach from the important development of Open Theism by William (...) Hasker. My view about God’s foreknowledge is in-between comprehensive foreknowledge and no foreknowledge. (shrink)

Many moral philosophers assume that a person is entitled to respect; this suggests that there is a right to respect. I argue, however, that there is no such right. There can be no right to respect because of what respect is, in conjunction with what a right demands and certain limitations of human agency. In this paper, I first examine the nature and ontological basis of rights. I next consider the notion of respect in general; I adduce several varieties of (...) respect, then present a primary distinction needed to discern the notion of respect relevant to the putative right. Then I propound the argument that there can be no right to respect and consider some means of challenging its conclusion. In closing, I trace some of the consequences of this argument and suggest how it might motivate a different approach to understanding our most basic obligations to one another. (shrink)

Philosophical tradition has long held that free will is necessary for moral responsibility. We report experimental results that show that the folk do not think free will is necessary for moral responsibility. Our results also suggest that experimental investigation of the relationship is ill served by a focus on incompatibilism versus compatibilism. We propose an alternative framework for empirical moral psychology in which judgments of free will and moral responsibility can vary independently in response to many factors. We also suggest (...) that, in response to some factors, the necessity relation may run from responsibility to free will. (shrink)

Quaderns de filosofia V, 1 Número complet / Número completo / Full Issue.

Perhaps personality traits substantially influence one’s philosophically relevant intuitions. This suggestion is not only possible, it is consistent with a growing body of empirical research: Personality traits have been shown to be systematically related to diverse intuitions concerning some fundamental philosophical debates. We argue that this fact, in conjunction with the plausible principle that almost all adequate philosophical views should take into account all available and relevant evidence, calls into question some prominent approaches to traditional philosophical projects. To this end, (...) we present the Philosophical Personality Argument (PPA). We explain how it supports the growing body of evidence challenging some of the uses of intuitions in philosophy, and we defend it from some criticisms of empirically based worries about intuitions in philosophy. We conclude that the current evidence indicates that the PPA is sound, and thus many traditional philosophical projects that use intuitions must become substantially more empirically oriented. (shrink)

With recent advancements in technology and computer science, we have reached a point where we can clearly state that thinking is no longer the exclusive privilege of living minds. Artificial intelligence can gather and process information in a manner fairly similar or even superior to our thinking process. AI can use this processed information in a reasoning process to make decisions and execute them. However, what makes our mind distinct from AI is the addition of “I,” that is, an entity (...) composed of two mental processes of awareness-based choice selection and discretionary selection of information for attention that are the fundamental core function of decision making and awareness processes, respectively. ABCS allows the coexistence of free will alongside—but unrestrained by—the chain of causality in the decision-making process with the help of awareness. “I” also allows for DSIA, which is a key step in the awareness process. This intertwined process is crucial for our consciousness. Similar to AI, the mind is devoid of any form of self-recognition without awareness. Self-awareness is a collaborative function of “I” and the mind. “I” is instrumental in the sense of self-awareness, but on its own, it is selfless. Additionally, “I” is the heart of the decision-making process. Therefore, AI is missing “I,” a selfless master of the mind. (shrink)

An object's disposition to A in circumstances C is masked if circumstances C obtain without the object Aing. This paper explores an analogous sense in which abilities can be masked, and it uses the results of this exploration to motivate an analysis of agents' abilities in terms of dispositions. This analysis is then shown to provide the resources to defend a version of the Principle of Alternate Possibilities against Frankfurt-style counterexamples. Although this principle is often taken to be congenial to (...) incompatibilism concerning free action and determinism, the paper concludes by using the dispositional analysis of abilities to argue for compatibilism, and to show why the 'master argument' for incompatibilism is unsound. (shrink)

I intend to argue that the counterexamples inspired by the Frankfurt-type cases against the necessity of an epistemic safety condition for knowledge are not plausible. The epistemic safety condition for knowledge is a modal condition recently supported by Sosa (2007) and Pritchard (2015), among others, and can be formulated as follows: (SC) If S knows that p on basis B, then S’s true belief that p could not have easily been false on basis B. I will try to argue that (...) the safety condition, expressed in (SC), is still necessary for knowledge and that, therefore, epistemic safety is not threatened by Frankfurt-type cases. In particular, I want to show that Kelp’s counterexamples are ineffective against (SC). (shrink)

This article reviews the reasons scholars hold that driverless cars and many other AI equipped machines must be able to make ethical decisions, and the difficulties this approach faces. It then shows that cars have no moral agency, and that the term ‘autonomous’, commonly applied to these machines, is misleading, and leads to invalid conclusions about the ways these machines can be kept ethical. The article’s most important claim is that a significant part of the challenge posed by AI-equipped machines (...) can be addressed by the kind of ethical choices made by human beings for millennia. Ergo, there is little need to teach machines ethics even if this could be done in the first place. Finally, the article points out that it is a grievous error to draw on extreme outlier scenarios—such as the Trolley narratives—as a basis for conceptualizing the ethical issues at hand. (shrink)

An early modern scholastic conception of moral possibility helps make sense of Descartes's own perplexing use of that concept and solves the exegetical puzzles surrounding Descartes's conflicting remarks about free will.

If indeterminism is to be necessary for moral responsibility, we must show that it doesn’t preclude responsibility (the Luck Problem) and that it might enhance it (the Enhancement Problem). A ‘strong luck claim’ motivates the Luck Problem: if an agent’s choice is undetermined, then her mental life will be causally irrelevant to her choice, whichever way she decides. A ‘weak luck claim’ motivates the Enhancement Problem: if an agent’s choice is undetermined, then even if her mental life is causally relevant (...) to her choice, whichever way she decides, we cannot explain how she _settles_ her choice. Only the weak luck claim is plausible. However, its plausibility depends on our accepting that we could only settle our choices if they are settled by additional exercises of agency. If we instead understand the process of settling decisions in procedural terms, we can begin to sketch a solution to the Enhancement Problem. (shrink)

Proponents of modern Frankfurt-Style Counterexamples generally accept that we cannot construct successful FSCs in which there are no alternative possibilities present. But they maintain that we can construct successful FSCs in which there are no morally significant alternatives present and that such examples succeed in breaking any conceptual link between alternative possibilities and free will. I argue that it is not possible to construct an FSC that succeeds even in this weaker sense. In cases where any alternatives are clearly insignificant, (...) it does not appear at all obvious that the agent can be held responsible. Present popular FSCs include alternatives that are ambiguous in their significance, and when the examples are sharpened to remove this ambiguity, they lose their force. Moreover, the proponent of such examples faces a problem: We can easily construct scenarios in which any alternatives are obviously insignificant, and in such scenarios, we are not intuitively inclined to suppose the agent is responsible. The proponent of new FSCs must therefore distinguish any alternatives she includes from the sorts included in these scenarios. The difference must now be such that this helps to make it seem intuitively likely that the agent is responsible where the agent otherwise would not appear responsible, and these alternatives are irrelevant to any judgment about whether the agent is responsible. I maintain that it is impossible to achieve both of these goals at once. (shrink)

While philosophers have worried about mental causation for centuries, worries about the causal relevance of conscious phenomena are also increasingly featuring in neuroscientific literature. Neuroscientists have regarded the threat of epiphenomenalism as interesting primarily because they have supposed that it entails free will scepticism. However, the steps that get us from a premise about the causal irrelevance of conscious phenomena to a conclusion about free will are not entirely clear. In fact, if we examine popular philosophical accounts of free will, (...) we find, for the most part, nothing to suggest that free will is inconsistent with the presence of unconscious neural precursors to choices. It is only if we adopt highly non-naturalistic assumptions about the mind (e.g. if we embrace Cartesian dualism and locate free choice in the non-physical realm) that it seems plausible to suppose that the neuroscientific data generates a threat to free will. (shrink)

ABSTRACT Agents in Frankfurt-style counterexamples only appear to be responsible insofar as they act willingly in the actual sequence, but would need to be manipulated against their will into forming the relevant intention in the alternative sequence. This difference appears ineliminable and unavoidably morally significant. ‘Neo-Frankfurtians’ concede that the sequences must be physically differentiated, but deny their moral differentiation. In contrast, I explore whether the alternatives could be physically undifferentiated, despite their moral difference. The reason there is an ineliminable moral (...) difference is because there is an ineliminable causal one: The agent’s choice must be caused by his own inclinations in one sequence, but by Black’s manipulation in the other. Whether this causal difference entails a physical one depends on whether we suppose causal relations conform to Humean supervenience. The denial of the latter requires us to either reject any broadly Humean view of causation, or else to suppose that we can individuate events or their qualities independently of the physical facts. If these are coherent possibilities, such examples may show that physically differentiated alternatives are not required for moral responsibility. This could support compatibilism, but only if such examples adequately parallel determinism, and I remain sceptical on this point. (shrink)

Supervenient libertarianism maintains that indeterminism may exist at a supervening agency level, consistent with determinism at a subvening physical level. It seems as if this approach has the potential to break the longstanding deadlock in the free will debate, since it concedes to the traditional incompatibilist that agents can only do otherwise if they can do so in their actual circumstances, holding the past and the laws constant, while nonetheless arguing that this ability is compatible with physical determinism. However, we (...) argue that supervenient libertarianism faces some serious problems, and that it fails to break us free from this deadlock within the free will debate. (shrink)

A type of transcendental argument for libertarian free will maintains that if acting freely requires the availability of alternative possibilities, and determinism holds, then one is not justified in asserting that there is no free will. More precisely: if an agent A is to be justified in asserting a proposition P (e.g. "there is no free will"), then A must also be able to assert not-P. Thus, if A is unable to assert not-P, due to determinism, then A is not (...) justified in asserting P. While such arguments often appeal to principles with wide appeal, such as the principle that ‘ought’ implies ‘can’, they also require a commitment to principles that seem far less compelling, e.g. the principle that ‘ought’ implies ‘able not to’ or the principle that having an obligation entails being responsible. It is argued here that these further principles are dubious, and that it will be difficult to construct a valid transcendental argument without them. (shrink)

This open access book provides an exploration of the consequences of the ontological differences between natural and social objects (sometimes described as objects of nature and objects of thought) in the workings of causal and agency relationships. One of its important and possibly original conclusions is that causal and agency relationships do not encompass all of the dependent relationships encountered in social life. The idea that social reality is contingent has been known (and largely undisputed) at least since Wittgenstein’s “On (...) Certainty”, but social science, and most notably economics has continued to operate on the basis of causal and agency theories borrowed or adapted from the natural sciences. This volume contains essays that retain and justify the partial or qualified use of this approach and essays that totally reject any use of causal and agency theory built on determined facts (closed systems).The rejection is based on the possibly original claim that, whereas causation in the objects of the natural sciences reside in their properties, human action is a matter of intentionality. It engages with critical realist theory and re-examines the role of free will in theories of human action in general and economic theory in particular. (shrink)

Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced ‘ought’ implies ‘can’ (...) principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

Theoria, Volume 88, Issue 4, Page 799-811, August 2022.

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Frankfurt’s “Alternate Possibilities and Moral Responsibility” made an important intervention into the literature on moral responsibility via a classical Frankfurt-type example, arguing that “the principle of alternate possibilities” is false. This paper argues that classical Frankfurt-type examples fail due to the use of agentic counterfactual interventions who lack agency. Using finite state machines to illustrate, I show the models that classical Frankfurt-type examples must use and why they are incongruent with leeway incompatibilist beliefs—the motivating interlocutor for classical Frankfurt-type examples. I (...) then argue that returning agency to the agentic counterfactual intervention also returns alternate possibilities to the actual sequence of events, undermining a core premise of Frankfurt’s. Lastly, I show why a number of potential counterarguments should fail to persuade the leeway incompatibilist. (shrink)

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

This paper proposes a logical framework for studying the structure of moral responsibility for outcomes. The analysis incorporates two vital features: an agency condition and a negative condition of an alternative possibility. The logical language allows us to identify and disambiguate seven plausible criteria for moral responsibility. To accommodate interdependent decision contexts, the semantics are given in terms of so-called responsibility games. The logical framework enables us to classify the logical relations between these seven criteria for moral responsibility. Although all (...) seven criteria are logically distinct, I also identify circumstances where the seven criteria locally reduce to only three. (shrink)

Frank Jackson has argued that only if we have a priori knowledge of the extension-fixers for many of our terms can we vindicate the methodological practice of relying on intuitions to decide between philosophical theories. While there has been much discussion of Jackson’s claim that we have such knowledge, there has been comparatively little discussion of this most powerful argument for that claim. Here I defend an alternative explanation of our intuitions about possible cases, one that does not rely on (...) a priori extension-fixers. This alternative explanation provides a vindication of our reliance on intuitions, while blocking Jackson’s abductive argument for a priori semantic knowledge. In brief, I argue that we should regard our armchair intuitions as providing an important, a priori source of evidence for hypotheses about the contents of our implicit referential policies with regard to our terms. But all such hypotheses have a potential falsifier that is only discoverable empirically. In other words, gold-standard evidence for such hypotheses is always empirical. (shrink)

In A Metaphysics for Freedom (Oxford: Oxford University Press, 2012), Helen Steward develops a distinctive account of agency designed to support her argument for ‘Agency Incompatibilism’. I argue that Steward’s account of agency has two main shortcomings. First, the extension of the agency concept Steward is committed to is problematic. Second, Steward’s account of agency turns out on inspection to have significant structural affinities to the accounts it is meant to oppose, and thus faces similar potential problems. One of these (...) problems has to do with Steward’s conception of bodily control. (shrink)

Editors’ Overview: Moral Responsibility in Technology and Engineering Content Type Journal Article Category Original Paper Pages 1-11 DOI 10.1007/s11948-011-9285-z Authors Neelke Doorn, Department of Technology, Policy and Management, Delft University of Technology, P.O. Box 5015, 2600 GA Delft, The Netherlands Ibo van de Poel, Department of Technology, Policy and Management, Delft University of Technology, P.O. Box 5015, 2600 GA Delft, The Netherlands Journal Science and Engineering Ethics Online ISSN 1471-5546 Print ISSN 1353-3452 Journal Volume Volume 18 Journal Issue Volume 18, (...) Number 1. (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 argue that there is an important anomaly to the causalist/compatibilist paradigm in the philosophy of action and free will. This anomaly, which to my knowledge has gone unnoticed so far, can be found in the philosophy of Harry Frankfurt. Two of his most important contributions to the field – his influential counterexample to the Principle of Alternate Possibilities and his ‘guidance’ view of action – are incompatible. The importance of this inconsistency goes far beyond the issue (...) of coherence within Frankfurt’s philosophy. I shall argue that this inconsistency represents an important anomaly within the causalist/compatibilist framework; so that we should start to seriously consider having to move on from the established paradigm. (shrink)

Greg Janzen has recently criticised my defence of Frankfurt’s counterexample to the Principle of Alternate Possibilities by arguing that Jones avoids killing Smith in the counterfactual scenario. Janzen’s argument consists in introducing a new thought-experiment which is supposed to be analogous to Frankfurt’s and where the agent is supposed to avoid A-ing. Here I argue that Janzen’s argument fails on two counts, because his new scenario is not analogous to Frankfurt’s and because the agent in his new scenario does not (...) avoid A-ing. (shrink)

I show that Pickard’s argument against the irresistibility of addiction fails because her proposed dilemma, according to which either drug-seeking does not count as action or addiction is resistible, is flawed; and that is the case whether or not one endorses Pickard’s controversial definition of action. Briefly, we can easily imagine cases in which drug-seeking meets Pickard’s conditions for agency without thereby implying that the addiction was not irresistible, as when the drug addict may take more than one route to (...) go meet her dealer. (shrink)

Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at the (...) time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers. (shrink)