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)

Strawson's view on punishment has been either neglected or recoiled from in contemporary scholarship on ‘Freedom and Resentment’ (FR). Strawson's alleged retributivism has made his view suspect and troublesome. In this article, we first argue, against the mainstream, that the punishment passage is an indispensable part of the main argument in FR (section 1) and elucidate in what sense Strawson can be called ‘a retributivist’ (section 2). We then elaborate our own hypothesis of symbolic retribution to explain the continuum between (...) moral reactive attitudes and punishment that Strawson only adumbrates (section 3). After this justification of the punitive response to wrongdoing, we compare and contrast our specific kind of retributivist hypothesis with other positions in the so-called ‘new retributivism’ (section 4). Our hypothesis differs from other subvarieties of expressive retributivism in putting centre stage the idea of punishment as taking up a reverential stance towards the victim. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 784-791, May 2022.

Philosophers disagree about whether outcome luck can affect an agent's “moral responsibility.” Focusing on responsibility's “negative side,” some maintain, and others deny, that an action's results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor's blameworthiness and negative desert are equally affected—or unaffected—by an action's results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that (...) serve distinct normative functions: blameworthiness serves aliabilityfunction (removing a bar to otherwise impermissible treatments), whereas desert serves afavoringfunction (contributing new value to states of affairs, or providing new reasons for responsive treatments). Having distinguished (negative) desert from blameworthiness, the article proposes a novel resolution to the outcome‐luck debate: that results do not affect an agent's liability to blame, but do affect the amount and severity of blame to which the agent is justly liable, including by affecting the severity of blame that the agent deserves. (shrink)

The philosophical debate about free will and responsibility has been of great importance throughout the history of philosophy. In modern times this debate has received an enormous resurgence of interest and the contribution in 1962 by P.F. Strawson with the publication of his essay "Freedom and Resentment" has generated a wide range of discussion and criticism in the philosophical community and beyond. The debate is of central importance to recent developments in the free will literature and has shaped the way (...) contemporary philosophers now approach the problem. This volume brings together a focused selection of the major contributions and reactions to the free will and responsibility debate inspired by Strawson's contribution. McKenna and Russell also provide a comprehensive overview of the debate. (shrink)

“Responsibility After ‘Morality’: Strawson’s Naturalism and Williams’ Genealogy” -/- Although P.F. Strawson and Bernard Williams have both made highly significant and influential contributions on the subject of moral responsibility they never directly engaged with the views of each other. On one natural reading their views are directly opposed. Strawson seeks to discredit scepticism about moral responsibility by means of naturalistic observations and arguments. Williams, by contrast, employs genealogical methods to support sceptical conclusions about moral responsibility (and blame). This way of (...) reading their views depends, however, on the assumption that the concept of responsibility that Strawson aims to defend is the same as Williams aims to discredit. The conception of responsibility that Williams aims to discredit is one that is based around the assumptions and aspirations of “the morality system”. This paper argues that while there is a plausible way of interpreting Strawson’s naturalism that uncouples it from the assumptions of “the morality system”, there remain significant differences between Strawson and Williams. More specifically, even if Strawson’s understanding of moral responsibility abandons the (narrow) assumptions of “morality”, Strawson is still committed to “conservative” and “optimistic” conclusions about moral responsibility that cannot be sustained. [March 2022] -/- . (shrink)

A companion to ‘Punishment: Consequentialism’, and also ‘Punishment: The Future’, this paper examines various nonconsequentialist attempts to justify punishment, that is, attempts that appeal to claims concerning the innate worth or intrinsic character of punishment, quite apart from any consequential good or benefit punishment may be thought to produce. The paper starts with retributive theories, and turns then to the denunciation and expressive theories, before considering combined communicative–retributive theories.

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

Even though standard economic theory traditionally ignored any motives that may drive incentivized social decision making except for the maximization of personal consumption utility, the idea that ‘preferences for fairness’ (following social norms) might have an economically tangible impact appeared relatively early. I trace the evolution of these ideas from the first experiments on bargaining to the tests of the hypothesis that pro-sociality in general is driven by the desire to adhere to social norms. I show how a recent synthesis (...) of economics approach with psychology, sociology, and evolutionary human biology can give rise to a mathematically rigorous, psychologically plausible, and falsifiable theory of social norms. Such a theory can predictwhich norms should emerge in each specific (social) context and is capable of organizing diverse observations in economics and other disciplines. It provides the first glimpse at how a unified theory of normative decision making might look like. (shrink)

A distinctive theory of punishment plays a central role in Smith's moral and legal theory. According to this theory, we regard the punishment of a crime as deserved only to the extent that an impartial spectator would go along with the actual or supposed resentment of the victim. The first part of this paper argues that Smith's theory deserves serious consideration and relates it to other theories such as utilitarianism and more orthodox forms of retributivism. The second part considers the (...) objection that, because Smith's theory implies that punishment is justified only when there is some person or persons who is the victim of the crime, it cannot explain the many cases where punishment is imposed purely for the public good. It is argued that Smith's theory could be extended to cover such cases. The third part defends Smith's theory against the objection that, because it relies on our natural feelings, it cannot provide an adequate moral justification of punishment. (shrink)

Nearly all retributive theories of punishment adopt the following model. Punishments are justified when the wrongdoers receive the punishment they deserve. A deserved punishment is one that is proportionate to the offender’s culpability. Culpability has two components: the severity of the wrong, and the offender’s blameworthiness. The broader aim of this article is to outline an alternative retributivist model that directly involves the victim in the determination of the appropriate and just punishment. The narrower aim is to show that the (...) methodology employed by Michael Moore in support of the standard retributive model in fact better supports this alternative model. Moore himself explicitly rejects the idea that victims can play a role in determining just punishments, because this would entail assigning different punishments to equally culpable offenders. When properly applied, however, Moore’s method for justifying retributivism results in an approach that directly involves the victim in the punishment process. (shrink)

In this paper I pursue two closely related objectives. First, I articulate and describe the nature and character of Hume's theory of punishment. Second, in light of this account, I offer an assessment of the contem- porary interest and value of Hume's theory. Throughout my discus- sion I emphasize the relevance and importance of Hume's views on moral responsibility to his account of punishment.1 More specifically, I argue that Hume seeks to develop an account of punishment on the foundation of (...) a naturalistic theory of responsibility - that is, a theory which draws our attention to the role of moral sentiment in this sphere.2 Although this naturalistic aspect of Hume's theory of punishment has been largely overlooked by commentators, I maintain that it is, nevertheless, precisely this aspect of Hume's theory that is especially interesting from a contemporary pers. (shrink)

Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...) are generated in part by a desire to punish. We present evidence supporting this across three studies. On the basis of this, we argue for a debunking explanation of folk judgments of moral universalism. Our results not only further our understanding of the psychological processes underpinning folk judgments of moral universalism. They also bear on philosophical discussions of folk meta-ethics. (shrink)

This article focuses primarily on the emotion of guilt as providing a justification for retributive legal punishment. In particular, I challenge the claim according to which guilt can function as part of our epistemic justification of positive retributivism, that is, the view that wrongdoing is both necessary and sufficient to justify punishment. I show that the argument to this conclusion rests on two premises: (1) to feel guilty typically involves the judgment that one deserves punishment; and (2) those who feel (...) guilty after wrongdoing are more virtuous (or less vicious) than those who do not. I shall argue that premise (1) is false on both empirical and conceptual grounds and that there are no particularly good grounds supporting this premise (2). Finally, I consider and reject the claim that anger, as opposed to guilt, can afford the type of epistemic justification needed by positive retributivism. (shrink)

When any man, even in political society, renders himself by his crimes obnoxious to the public, he is punished by the laws in his goods and person; that is, the ordinary rules of justice are, with regard to him, suspended for a moment, and it becomes equitable to inflict on him, for the benefit of society, what otherwise he could not suffer without wrong or injury?

This paper provides a discussion of the role that emotions may play in the justification of punishment. On the expressivist account of punishment, punishment has the purpose of expressing appropriate emotional reactions to wrongdoing, such as indignation, resentment or guilt. I will argue that this expressivist approach fails as these emotions can be expressed other than through the infliction of punishment. Another argument for hard treatment put forward by expressivists states that punitive sanctions are necessary in order for the law (...) to be valid. But this justification of punishment, too, is unconvincing. There are no good reasons to assume that we have to resort to punitive measures in order to vindicate the law. I will then raise the more general worry whether there is any intelligible link at all between moral emotions such as indignation, resentment or guilt and retributive behaviour. I will finally conclude with some sceptical remarks on the moral worth of retribution. (shrink)

This paper will in good part concern six arguments taken as making up what is called the New Retributivism. It will also have to do with a seventh retributivist argument, and with the unexamined idea that reflection on punishment can lead a life of its own, independently of political philosophy. Both that idea and the arguments bear on the main question of whether punishment in our societies is right or wrong. It is a question not worn to a frazzle, as (...) is the one of how it is that punishment is right, which piously presupposes that it is. My answer to the impious question gets very little wear in this reactionary and, as it sometimes seems, vengeful time. For a particular reason, it will have to go undefended here. (shrink)

This paper will in good part concern six arguments taken as making up what is called the New Retributivism. It will also have to do with a seventh retributivist argument, and with the unexamined idea that reflection on punishment can lead a life of its own, independently of political philosophy. Both that idea and the arguments bear on the main question of whether punishment in our societies is right or wrong. It is a question not worn to a frazzle, as (...) is the one of how it is that punishment is right, which piously presupposes that it is. My answer to the impious question gets very little wear in this reactionary and, as it sometimes seems, vengeful time. For a particular reason, it will have to go undefended here. (shrink)

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often rely on (...) appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

The lesson is that while externalists avoid devastating objections to internalist moral realism, they thereby sacrifice most of thepractical significance of moral realism as an alternative to noncognitivism. They defend the objectivity of moral beliefs, but are forced to concede that the practical relevance and appeal of those beliefs depends on subjective desires. It is because they correctly reject internalism that they succumb to the non-cognitivists'tu quoque.

Imagine that an anthropologist returns from her study of a group of people and reports the following:They refuse to kill one person even to avert the death of all involved—including that one person;They won’t directly push someone to his death to save the lives of five others, but they will push a lever to kill him to save five others;They punish transgressors because it feels right, even when they expect the punishment to cause far more harm than good—and even when (...) the harm done by the punishment exceeds the harm done by the transgression being punished.The anthropologist’s report might lead us to conclude that these people are at least confused, and perhaps even dangerous.Here’s some bad news. Those people are us. Or so suggests recent research in experimental psychology and the neurosciences. This research indicates that our moral intuitions have a vaguely deontological character and they prompt us to make any number of judgments that appear arbitrary or otherwise unjustified, such ... -/- I contend that Greene partly misunderstands the practical implications of his own principles. If our ordinary moral judgments are to do the strategic work Greene wants them to do, he needs to endorse fullfledged Sidgwickian self-effacement for at least some areas of micro-level decision making. By the lights of some of Greene’s own arguments, people must accept the correctness—and not simply the usefulness—of the relevant intuitions in their personal conduct to satisfy utilitarian standards. I argue that removing utilitarian reasoning from micro-level decision making is consistent with Greene’s preferred strategy of using utilitarianism as a Bcommon currency^ for resolving moral conflict at the institutional level. To clarify upfront: the aim of this paper is to offer an internal criticism rather than to defend (e.g.,) the relevant empirical research, utilitarianism, self-effacement, and so on. I’m making an argument about where Greene’s own psychological and philosophical commitments should take him. (shrink)

Jonas Olson presents a critical survey of moral error theory, the view that there are no moral facts and so all moral claims are false. Part I explores the historical context of the debate; Part II assesses J. L. Mackie's famous arguments; Part III defends error theory against challenges and considers its implications for our moral thinking.

This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that (...) supports it. (shrink)

Herbert Morris argues in his influential retributivist paper, "Persons and Punishment," that criminals deserve punishment because their actions represent an unfair distribution of benefits and burdens in society. The proper distribution of benefits and burdens is important, in part, to restore law abiding citizens’ confidence that others will follow the law. In this paper I show that Morris's argument for why criminals deserve punishment morally requires us to set up an institution of rehabilitation in addition to the institution of punishment. (...) Such an institution is morally required because neither pure punishment systems nor punishment systems that incorporate quasi-rehabilitative aspects have ever worked to uphold the necessary confidence that Morris tells us law abiding citizens must have in order to protect the social order. Moreover, we cannot abandon Morris's appeal to the duty to maintain social order without also abandoning a plausibly Morrisian framework. (shrink)

This thesis reconstructs John Rawl's Original Position in order to show that within a liberal democratic culture, the institution of punishment ought to conform to the Moral Education Theory of Punishment, put forth by Jean Hampton. According to Hampton, punishment should facilitate a medium where the state educates the criminal on the moral implications of her wrongdoing. I argue that citizens would select the Moral Education Theory of Punishment in the Original Position, since it offers the best opportunity to redress (...) two calamities related to the criminal's wrongdoing---namely, that it threatens the moral status of the victim, and that it results from the wrongdoer's deficient moral sensibility. Upon consideration, the representatives in the Original Position recognize that redressing either of the two calamities necessitates redressing the other; thus, both objectives reinforce one another. Consequently, the representatives would unanimously select the principles of punishment manifest in the Moral Education Theory. (shrink)