The Normative Structure of Responsibility deals with responsibility in legal, moral, and linguistic contexts. The book builds on conceptual analysis and data from everyday language, ethics, and the law in order to defend the thesis that responsibility is fundamentally normative, that is, it cannot be reduced to purely descriptive factors. The book is divided in three parts: the first part draws a conceptual map of various responsibility concepts, conceptions and conditions and their interaction with different kinds of rules; the second (...) part engages with arguments in favour of a descriptive understanding of responsibility based on ethics, neuroscience, and metaphysics and argues against it; the third part investigates the language of responsibility and its use in formal and informal contexts. (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)

People hold wildly opposing and very strong views on the question whether mental disorders are brain disorders, and the disagreement is primarily a conceptual one, not one about whether there are,...

I examine Manuel Vargas's revisionist justification for continuing with our responsibility-characteristic practices in the absence of basic desert. I query his claim that this justification need not depend on how we settle questions about the content of morality, arguing that it requires us to reject the Kantian principle that prohibits treating anyone merely as a means. I maintain that any convincing argument against this principle would have to be driven by concerns that arise within the sphere of moral theory itself, (...) whereas Vargas's argument draws solely on concerns about the expensive metaphysics involved in a libertarian conception of freedom. I argue that this amounts not just to changing the concept of free will by stipulation, but also (more problematically) to changing our moral principles by stipulation. (shrink)

It is very contentious whether the features of the manifest image have a place in the world as it is described by natural science. For the advocates of strict naturalism, this is a serious problem, which has been labelled ‘placement problem’. In this light, some of them try to show that those features are reducible to scientifically acceptable ones. Others, instead, argue that the features of the manifest image are mere illusions and, consequently, have to be eliminated from our ontology. (...) In brief, the two options that are open to strict naturalists for solving the placement problem are ontological reductionism and eliminativism. Other advocates of naturalist philosophy, however, claim that both these strategies fail and, consequently, opt for ‘mysterianism’, the view according to which we cannot give up the recalcitrant features of the manifest image even if we are not able to understand the ways in which they could be reduced to the scientific features. Mysterianism has the merit of facing the difficulties that whoever wants to explain reductively, or explain away, the features of the manifest image encounters. It is also a defeatist philosophical view, though, since it considers the most important philosophical problems as unsolvable mysteries. For this reason, I argue that mysterianism can also be taken as a reductio of strict naturalism, given its presumption that all phenomena are either explainable by the natural sciences or to be rejected as illusory. In this article, it is argued that the failures of reductionism, eliminativism and mysterianism should teach us that both the scientific image and the manifest image of the world are essential and mutually irreducible but not incompatible with each other. To support this claim, in the second part of the article, the case of free will is discussed. (shrink)

The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain _meanings_ that make them denials/affirmations of (...) freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s concept of natural meaning. Expanding on Hampton’s theory, drawing on both H. L. A. Hart and Kant, I argue that crime has the natural meaning of denying freedom, and punishment has the natural meaning of affirming freedom. The paper presents an ideal theory, not a justification for actual criminal justice practices, which in most countries unfortunately fail to instantiate the value of mutual freedom. (shrink)

This paper analyses recent calls for so called “neurorights”, suggested novel human rights whose adoption is allegedly required because of advances in neuroscience, exemplified by a proposal of the Neurorights Initiative. Advances in neuroscience and technology are indeed impressive and pose a range of challenges for the law, and some novel applications give grounds for human rights concerns. But whether addressing these concerns requires adopting novel human rights, and whether the proposed neurorights are suitable candidates, are a different matter. This (...) paper argues that the proposed rights, as individuals and a class, should not be adopted and lobbying on their behalf should stop. The proposal tends to promote rights inflationism, is tainted by neuroexceptionalism and neuroessentialism, and lacks grounding in relevant scholarship. None of the proposed individual rights passes quality criteria debated in the field. While understandable from a moral perspective, the proposal is fundamentally flawed from a legal perspective. Rather than conjuring up novel human rights, existing rights should be further developed in face of changing societal circumstances and technological possibilities. (shrink)

The shift in the prevailing view of alcoholism from a moral paradigm towards a biomedical paradigm is often characterized as a form of biomedicalization. We will examine and critique three reasons offered for the claim that viewing alcoholism as a disease is morally problematic. The first is that the new conceptualization of alcoholism as a chronic brain disease will lead to individualization, e.g., a too narrow focus on the individual person, excluding cultural and social dimensions of alcoholism. The second claim (...) is that biomedicalization will lead to stigmatization and discrimination for both alcoholics and people who are at risk of becoming alcoholics. The third claim is that as a result of the biomedical point of view, the autonomy and responsibility of alcoholics and possibly even persons at risk may be unjustly restricted. Our conclusion is that the claims against the biomedical conceptualization of alcoholism as a chronic brain disease are neither specific nor convincing. Not only do some of these concerns also apply to the traditional moral model; above that they are not strong enough to justify the rejection of the new biomedical model altogether. The focus in the scientific and public debate should not be on some massive “biomedicalization objection” but on the various concerns underlying what is framed in terms of the biomedicalization of alcoholism. (shrink)

Thought experiments have played a central role in philosophical methodology, largely as a means of elucidating the nature of our concepts and the implications of our theories.1 Particular attention is given to widely shared “folk” intuitions – the basic untutored intuitions that the layperson has about philosophical questions.2 The folk intuition is meant to underlie our core metaphysical concepts, and philosophical analysis is meant to explicate or sometimes refine these naïve concepts. Consistency with the deliverances of folk intuitions is a (...) sign that the philosopher is making contact with his object of interest. In order to explore folk concepts, people are often asked to provide their intuitions about a state of affairs in some alternate universe or possible world, one that differs in particular, precise ways from the way things are in the actual world. Here we provide evidence that people’s intuitions about moral responsibility sometimes diverge across worlds even when the facts about these worlds are the same. Which world one considers actual affects at least some philosophical judgments, suggesting that it is not just possible worlds to which our intuitions are tied. We will present several possible explanations for the asymmetry we have identified, and we’ll consider some implications for philosophical intuition. (shrink)