In this paper, I propose and defend a structural ownership condition on moral responsibility. According to the condition I propose, an agent owns a mental item if and only if it is part of or is partly grounded by a coherent set of psychological states. As I discuss, other theorists have proposed or alluded to conditions like psychological coherence, but each proposal is unsatisfactory in some way. My account appeals to narrative explanation to elucidate the relevant sense of psychological coherence.

Libertarianism seems vulnerable to a serious problem concerning present luck, because it requires indeterminism somewhere in the causal chain leading to directly free action. Compatibilism, in contrast, is thought to be free of this problem, as not requiring indeterminism in the causal chain. I argue that this view is false: compatibilism is subject to a problem of present luck. This is less of a problem for compatibilism than for libertarianism. However, its effects are just as devastating for one kind of (...) compatibilism, the kind of compatibilism which is history‐sensitive, and therefore must take the problem of constitutive luck seriously. The problem of present luck confronting compatibilism is sufficient to undermine the history‐sensitive compatibilist's response to remote – constitutive – luck. (shrink)

According to manipulation arguments for incompatibilism, manipulation might undermine an agent’s responsibility even when the agent satisfies plausible compatibilist conditions on responsibility. According to Sripada, however, empirical data suggest that people take manipulation to undermine responsibility largely because they think that the manipulated act is in discord with the agent’s “deep self,” thus violating the plausible compatibilist condition of deep self concordance. This paper defends Sripada’s general methodological approach but presents data that strongly suggest that, contrary to Sripada’s contention, most (...) of the effect of manipulation on attributions of moral responsibility is unmediated by worries about inadequate information or deep self discordance. Instead, it depends largely on worries that the action is ultimately explained by factors outside the agent’s control, just as proponents of manipulation arguments have proposed. More generally, data suggest that judgments of... (shrink)

This paper focuses on a non-volitional account that has received a good deal of attention recently, Angela Smith's rational relations view. I argue that without historical conditions on blameworthiness for the non-voluntary non-volitionist accounts like Smith’s are (i) vulnerable to manipulation cases and (ii) fail to make sufficient room for the distinction between badness and blameworthiness. Towards the end of the paper I propose conditions aimed to supplement these deficiencies. The conditions that I propose are tailored to suit non-volitional accounts (...) of blameworthiness. Unlike some volitional historical conditions on blameworthiness, the conditions that I propose do not require that the person have exercised voluntary control (e.g., via choices or decisions) over the acquisition of her attitudes or values. (shrink)

Dans un article publié dans ce numéro, Ishtiyaque Haji soutient que la difficulté posée par la chance au compatibilisme n’est pas nouvelle, mais qu’elle est en fait identique au problème inhérent aux cas de manipulation, auquel les compatibilistes ont déjà répondu. Dans cet article, je distingue deux problèmes que la chance pose au compatibilisme. Si l’un des deux est bien celui que l’on trouve dans les cas de manipulation, celui identifié par Haji est cependant différent. La difficulté soulevée par la (...) chance est donc bien originale, et les solutions au problème des cas de manipulation échouent à y répondre. (shrink)

Advances in neuroscience might make it possible to develop techniques for directly altering offenders’ brains, in order to make offenders more responsible and law-abiding. The idea of using such techniques within the criminal justice system can seem intuitively troubling, even if they were more effective in preventing crime than traditional methods of rehabilitation. One standard argument against this use of brain interventions is that it would undermine the individual’s free will. This paper maintains that ‘free will’ (at least, as that (...) notion is understood by those who adopt the influential compatibilist approach) is an inadequate basis for explaining what is problematic about some direct brain interventions. This paper then defends an alternative way of objecting to certain kinds of direct brain interventions, focusing on the relationship between the offender and the state rather than the notion of free will. It opposes the use of interventions which aim to enhance ‘virtue responsibility’ (by instilling particular values about what is right and wrong), arguing that this would objectify offenders. In contrast, it argues that it may be acceptable to use direct brain interventions to enhance ‘capacity responsibility’ (i.e. to strengthen the abilities necessary for the exercise of responsible agency, such as self-control). Finally it considers how to distinguish these different kinds of responsibility enhancement. (shrink)

Is moral responsibility essentially historical? Consider two agents qualitatively identical with respect to all of their nonhistorical properties just prior to the act of A-ing. Is it possible that, due only to differences in their respective histories, when each A-s only one A-s freely and is morally responsible for doing so? Nonhistorical theorists say “no.” Historical theorists say “yes.” Elsewhere, I have argued on behalf of philosophers like Harry G. Frankfurt that nonhistorical theorists can resist the historical theorists’ case against (...) them, and that, therefore, a nonhistorical thesis remains a live option. Nevertheless, I have remained officially agnostic in this debate, as I acknowledge the pull of the competing considerations speaking on behalf of each view. In what follows, I turn from defending the nonhistorical position to fashioning a new historical theory, a relatively modest one that captures what is especially gripping about the kinds of examples that seem to commend an historical conclusion. (shrink)

Manipulation arguments for incompatibilism all build upon some example or other in which an agent is covertly manipulated into acquiring a psychic structure on the basis of which she performs an action. The featured agent, it is alleged, is manipulated into satisfying conditions compatibilists would take to be sufficient for acting freely. Such an example used in the context of an argument for incompatibilism is meant to elicit the intuition that, due to the pervasiveness of the manipulation, the agent does (...) not act freely and is not morally responsible for what she does. It is then claimed that any agent's coming to be in the same psychic state through a deterministic process is no different in any relevant respect from the pertinent manner of manipulation. Hence, it is concluded that compatibilists' proposed sufficient conditions for free will and moral responsibility are inadequate, and that free will and moral responsibility are incompatible with determinism. One way for compatibilists to resist certain manipulation arguments is by appealing to historical requirements that, they contend, relevant manipulated agents lack. While a growing number of compatibilists advance an historical thesis, in this paper, I redouble my efforts to show, in defense of nonhistorical compatibilists like Harry Frankfurt, that there is still life left in a nonhistorical view. The historical compatibilists, I contend, have fallen shy of discrediting their nonhistorical compatibilist rivals. (shrink)

Some compatibilists have responded to the manipulation argument for incompatibilism by proposing an historical theory of moral responsibility which, according to one version, requires that agents be morally responsible for having their pro-attitudes if they are to be morally responsible for acting on them. This proposal, however, leads obviously to an infinite regress problem. I consider a proposal by Haji and Cuypers that addresses this problem and argue that it is unsatisfactory. I then go on to propose a new solution (...) inspired by the libertarian theory of Robert Kane. (shrink)

In a recent paper, Ishtiyaque Haji and Michael McKenna argue that my attack on Frankfurt-style cases fails. I had argued that we cannot be confident that agents in these cases retain their responsibility-underwriting capacities, because what capacities an agent has can depend on features of the world external to her, including merely counterfactual interveners. Haji and McKenna argue that only when an intervention is actual does the agent gain or lose a capacity. Here I demonstrate that this claim is false: (...) capacities are dispositions that can be constituted by features of the environment that are currently inactive. I also reply to two other objections: that my argument begs the question against historical accounts of moral responsibility and that it leaves the very locus of free action, our mental acts, untouched. (shrink)

Cases involving certain kinds of manipulation seem to challenge compatibilism about responsibility-grounding free will. To deal with such cases many compatibilists give what has become known as a ‘soft line’ reply. In this paper I present a challenge to the soft line reply. I argue that any relevant case involving manipulation—and to which a compatibilist might wish to give a soft line reply—can be transformed into one supporting a degree of moral responsibility through the addition of libertarian elements (such as (...) alternative possibilities of a kind unavailable under determinism and executive control of the sort commonly associated with agent-causation). From a compatibilist’s perspective the subtraction of libertarian elements should make no difference to any assessment of the agent’s responsibility. The compatibilist should therefore judge the agent morally responsible after the removal of the libertarian elements. Yet removal of the libertarian elements returns the case to its original form and thus what started out as a soft line has now collapsed into a hard line reply. Various ways of resisting my argument are considered, but each is shown to carry important burdens. (shrink)