Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

By means of the Rollback Argument, this paper argues that metaphysically robust probabilities are incompatible with a kind of control which can ensure that free actions are not a matter of chance. Our main objection to those (typically agent-causal) theories which both attribute a kind of control to agents that eliminates the role of chance concerning free actions and ascribe probabilities to options of decisions is that metaphysically robust probabilities should be posited only if they can have a metaphysical explanatory (...) role but probabilities can explain anything only if chance has a role. First, we reconstruct the Rollback Argument. Second, we criticize the standard ways of reconciling non-chancy control with metaphysically robust probabilities. Finally, we respond to those worries that are related to the thought experiment of the Rollback Argument. (shrink)

Peter van Inwagen famously offers a version of the luck objection to libertarianism called the ‘Rollback Argument.’ It involves a thought experiment in which God repeatedly rolls time backward to provide an agent with many opportunities to act in the same circumstance. Because the agent has the kind of freedom that affords her alternative possibilities at the moment of choice, she performs different actions in some of these opportunities. The upshot is that whichever action she performs in the actual-sequence is (...) intuitively a matter of mere chance. I explore a new response to the Rollback Argument. If there are true counterfactuals of libertarian freedom, then the agent performs the same action each time she is placed in the same circumstance, because that is what she would freely do in that circumstance. This response appears to negate the chancy intuition. Ultimately, however, I argue that this new response is unsuccessful, because there is a variant of the Rollback Argument that presents the same basic challenge to the libertarian on the assumption that there are true counterfactuals of libertarian freedom. Thus, true counterfactuals of libertarian freedom do not provide the libertarian with a solution to the Rollback Argument. (shrink)

Computer models and simulations have provided enormous benefits to researchers in the natural and social sciences, as well as many areas of philosophy. However, to date, there has been little attempt to use computer models in the development and evaluation of metaphysical theories. This is a shame, as there are good reasons for believing that metaphysics could benefit just as much from this practice as other disciplines. In this paper I assess the possibilities and limitations of using computer models in (...) metaphysics. I outline the way in which different kinds of model could be useful for different areas of metaphysics, and I illustrate in more detail how agent-based models specifically could be used to model two well-known theories of laws: David Lewis’s "Best System Account" and David Armstrong's "Nomic Necessitation" view. Some logically possible processes cannot be simulated on a standard computing device. I finish by assessing how much of a threat this is to the prospect of metaphysical modeling in general. (shrink)

It is widely assumed that candidates for free, undetermined choices must have objective probabilities prior to their performance. Indeed although this premise figures prominently in a widely discussed argument against libertarianism, few libertarians have called it into question. In this article, I will investigate whether libertarians ought to reject it. I will conclude that doing so should not be tempting to event-causal libertarians or most agent-causal ones, because the added costs outweigh the benefits.

To have free will is to have what it takes to act freely. When an agent acts freely—when she exercises her free will—what she does is up to her. A plurality of alternatives is open to her, and she determines which she pursues. When she does, she is an ultimate source or origin of her action. So runs a familiar conception of free will.

This essay will canvass recent philosophical discussion of accounts of human (free) agency that deploy a notion of agent causation . Historically, many accounts have only hinted at the nature of agent causation by way of contrast with the causality exhibited by impersonal physical systems. Likewise, the numerous criticisms of agent causal theories have tended to be highly general, often amounting to no more that the bare assertion that the idea of agent causation is obscure or mysterious. But in the (...) past decade, detailed accounts of agent causation have been offered (chiefly by Randolph Clarke and Timothy O’Connor), and they have occasioned more specific objections in turn. These recent accounts and objections to them will be my primary focus in what follows. But first I will identify two distinct motivations that have been advanced for adopting an agent causal approach to human agency and the ontological and metaphysical commitments common to any version of this approach. (shrink)

Liberal incompatibilism considers the causal determinism governing all events of the world as a serious obstacle to human freedom.Thus, they seek a way of protecting human freedom with one of these three different approaches: 1. Non-causal account or simple indeterminism, 2. Event causal account or indeterministic causation of events. 3. Agent causation account. In this research, we study the views of the main theorists of these three ideas and criticize them. Then, according to the definition of free will, based on (...) two principles: possible alternatives at the moment of choice and active control of the agent in relation to the act, we will show that it only the agent causation account that succeeds in providing a sensible picture of man’s freedom in action; because the other two views have neglected the role of the agent in controlling and directing action, and have reduced voluntary action merely to an accidental and random event. Agent causation refutes the monopoly of the role of causality for phenomena and claims that the agent is not only passive and affected by events occurring around him but essentially and with his causal powers is at least the creational cause for one of the mental events that initiates the process of realizing the external act. Therefore, despite causal determination, he is truly free, and the direction and control of his actions is in his hands. (shrink)