This article focuses on philosophical views that attempt to explain widespread belief in indeterministic choice by following a strategy that harkens back at least to Spinoza. According to this Spinozan strategy, people draw an inference from the absence of experiences of determined choice to the belief in indeterministic choice. Accounts of this kind are historically liable to overgeneralization. The pair of accounts defended in Shaun Nichols’ recent book, Bound: Essays on Free Will and Responsibility, are the most complete and empirically (...) plausible representatives of this strategy. I argue that both accounts ultimately fail, and overgeneralization worries remain for Spinozan strategists. (shrink)

G.E.M. Anscombe famously remarked that an adequate philosophy of psychology was needed before we could do ethics. Fifty years have passed, and we should now ask what significance our best theories of the psychology of agency have for moral philosophy. My focus is on non-moral conceptions of autonomy and self-governance that emphasize the limits of deliberation -- the way in which one's cares render certain options unthinkable, one's intentions and policies filter out what is inconsistent with them, and one's resolutions (...) function to block further reflection. I argue that we can expect this deliberative "silencing" to lead to moral failures that occur because the morally correct option was filtered out of the agent's deliberation. I think it follows from these conceptions of self-governance that we should be considered culpable for unwitting acts and omissions, even if they express no ill will, moral indifference, or blameworthy evaluative judgments. The question is whether this consequence is acceptable. Either way, the potential tradeoff between self-governance and moral attentiveness is a source of doubt about recent attempts to ground the normativity of rationality in our concern for self-governance. (shrink)

Recently, several libertarian philosophers have argued that we appear free on the basis of widespread experience, and that this appearance justifies believing that we enjoy libertarian free will (e.g. Pink 2004 and Swinburne 2013). Such arguments have a long history in philosophy but have been easily dismissed on one of two grounds: either the appearance of freedom does not exist, or else it is an illusion. In this paper, I argue that although presentations of the argument have been historically inadequate, (...) non-libertarians have also seriously underappreciated the force of libertarian appeals to phenomenology. I show that, when properly construed, the appearance of freedom constitutes a wide range of diverse phenomena in need of explanation, of which extant non-libertarian alternatives provide only partial explanations, or else fail to explain altogether. In identifying this lacuna, I take the first step towards providing a better non-libertarian alternative. (shrink)

Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in (...) relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice. (shrink)