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  1. Compatibilism and Incompatibilism in Social Cognition.John Turri - 2017 - Cognitive Science 41 (S3):403-424.
    Compatibilism is the view that determinism is compatible with acting freely and being morally responsible. Incompatibilism is the opposite view. It is often claimed that compatibilism or incompatibilism is a natural part of ordinary social cognition. That is, it is often claimed that patterns in our everyday social judgments reveal an implicit commitment to either compatibilism or incompatibilism. This paper reports five experiments designed to identify such patterns. The results support a nuanced hybrid account: The central tendencies in ordinary social (...)
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  • Compatibilism can be natural.John Turri - 2017 - Consciousness and Cognition 51:68-81.
    Compatibilism is the view that moral responsibility is compatible with determinism. Natural compatibilism is the view that in ordinary social cognition, people are compatibilists. Researchers have recently debated whether natural compatibilism is true. This paper presents six experiments (N = 909) that advance this debate. The results provide the best evidence to date for natural compatibilism, avoiding the main methodological problems faced by previous work supporting the view. In response to simple scenarios about familiar activities, people judged that agents had (...)
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  • Is Incompatibilism Intuitive?Jason Turner, Eddy Nahmias, Stephen Morris & Thomas Nadelhoffer - 2007 - Philosophy and Phenomenological Research 73 (1):28-53.
    Incompatibilists believe free will is impossible if determinism is true, and they often claim that this view is supported by ordinary intuitions. We challenge the claim that incompatibilism is intuitive to most laypersons and discuss the significance of this challenge to the free will debate. After explaining why incompatibilists should want their view to accord with pretheoretical intuitions, we suggest that determining whether incompatibilism is in fact intuitive calls for empirical testing. We then present the results of our studies, which (...)
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  • Why the luck problem isn't.Manuel Vargas - 2012 - Philosophical Issues 22 (1):419-436.
    The Luck Problem has existed in one form or another since David Hume, at least. It is perhaps as old as Stoic objections to the Epicurean swerve. Although the general issue admits of different formulations with subtly different emphases, the characterization of it that will serve as my target focuses on “cross-worlds” luck, a kind of luck that arises when the decision-making of agents is indeterministic.
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  • The New Defense of Determinism: Neurobiological Reduction.Mehmet Ödemi̇ş - 2021 - Kader 19 (1):29-54.
    Determinist thought with its sui generis view on life, nature and being as a whole is a point of view that could be observed in many different cultures and beliefs. It was thanks to Greek thought that it ceased to be a cultural element and transformed into a systematic cosmology. Schools such as Leucippos, then Democritos and Stoa attempted to integrate the determinist philosophy into ontology and cosmology. In the course of time, physics and metaphysics-based determinism approaches were introduced, and (...)
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  • Taking Hobart Seriously.Taylor W. Cyr - 2020 - Philosophia 49 (4):1407-1426.
    Hobart’s classic 1934 paper “Free Will as Involving Determination and Inconceivable Without It” has been widely cited as an example of an argument for the view that free will requires the truth of determinism. In this paper, I argue that this reading of Hobart’s paper is mistaken and that we should instead read Hobart as arguing that an agent exercises their free will only if the proximate causes of the agent’s action deterministically cause their action. After arguing that Hobart’s view, (...)
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  • Moral Responsibility, Luck, and Compatibilism.Taylor W. Cyr - 2019 - Erkenntnis 84 (1):193-214.
    In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...)
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  • The Psychology of Dilemmas and the Philosophy of Morality.Fiery Cushman & Liane Young - 2009 - Ethical Theory and Moral Practice 12 (1):9-24.
    We review several instances where cognitive research has identified distinct psychological mechanisms for moral judgment that yield conflicting answers to moral dilemmas. In each of these cases, the conflict between psychological mechanisms is paralleled by prominent philosophical debates between different moral theories. A parsimonious account of this data is that key claims supporting different moral theories ultimately derive from the psychological mechanisms that give rise to moral judgments. If this view is correct, it has some important implications for the practice (...)
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  • Openness, Accidentality and Responsibility.Daniel Cohen - 2006 - Philosophical Studies 127 (3):581-597.
    In this paper, I present a novel argument for scepticism about moral responsibility. Unlike traditional arguments, this argument doesn’t depend on contingent empirical claims about the truth or falsity of causal determinism. Rather, it is argued that the conceptual conditions of responsibility are jointly incompatible. In short, when an agent is responsible for an action, it must be true both that the action was non-accidental, and that it was open to the agent not to perform that action. However, as I (...)
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  • How (not) to attack the luck argument.E. J. Coffman - 2010 - Philosophical Explorations 13 (2):157-166.
    The Luck Argument is among the most influential objections to the main brand of libertarianism about metaphysical freedom and moral responsibility. In his work, Alfred Mele [2006. Free will and luck . Oxford: Oxford University Press] develops - and then attempts to defeat - the literature's most promising version of the Luck Argument. After explaining Mele's version of the Luck Argument, I present two objections to his novel reply to the argument. I argue for the following two claims: (1) Mele's (...)
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  • Self-forming actions, contrastive explanations, and the structure of the will.Neil Campbell - 2020 - Synthese 197 (3):1225-1240.
    Robert Kane’s libertarian theory is often attacked on the grounds that undetermined self-forming actions are not amenable to contrastive explanation. I propose that we should understand contrastive explanations in terms of an appeal to structuring causes. Doing so reveals that Kane’s claim that there can be no contrastive explanation for self-forming actions is not an unwanted implication of his appeal to indeterminism, but is actually an implication of the fact that the agent’s will is not yet appropriately structured. I then (...)
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  • Contrastive Explanation, Efforts of Will, and Dual Responsibility: A Defense of Kane’s Libertarian Theory.Neil Campbell & Jamal Kadkhodapour - 2022 - Acta Analytica 37 (3):415-430.
    Neil Levy mounts two arguments against Robert Kane’s influential libertarian theory. According to the first, because Kanean self-forming actions are undetermined, there can be no contrastive explanation for why agents choose as they do rather than otherwise, in which case how they choose appears to be a matter of luck. According to the second, if one grants Kane the claim that agents are responsible for their undetermined choices in virtue of the fact that they made efforts of will to choose (...)
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  • Experimental Philosophy, Contextualism and SSI.Jessica Brown - 2011 - Philosophy and Phenomenological Research 86 (2):233-261.
    I will ask the conditional question: if folk attributions of "know" are not sensitive to the stakes and/or the salience of error, does this cast doubt on contextualism or subject-sensitive invariantism (SSI)? I argue that if it should turn out that folk attributions of knowledge are insensitive to such factors, then this undermines contextualism, but not SSI. That is not to say that SSI is invulnerable to empirical work of any kind. Rather, I defend the more modest claim that leading (...)
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  • Lucky agents, big and little: should size really matter?David Blumenfeld - 2011 - Philosophical Studies 156 (3):311-319.
    This essay critically examines Alfred R. Mele’s attempt to solve a problem for libertarianism that he calls the problem of present luck. Many have thought that the traditional libertarian belief in basically free acts (where the latter are any free A-ings that occur at times at which the past up to that time and the laws of nature are consistent with the agent’s not A-ing at that time) entail that the acts are due to luck at the time of the (...)
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  • A Unified Empirical Account of Responsibility Judgments.Gunnar Björnsson & Karl Persson - 2012 - Philosophy and Phenomenological Research 87 (3):611-639.
    Skeptical worries about moral responsibility seem to be widely appreciated and deeply felt. To address these worries—if nothing else to show that they are mistaken—theories of moral responsibility need to relate to whatever concept of responsibility underlies the worries. Unfortunately, the nature of that concept has proved hard to pin down. Not only do philosophers have conflicting intuitions; numerous recent empirical studies have suggested that both prosaic responsibility judgments and incompatibilist intuitions among the folk are influenced by a number of (...)
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  • Why Christians Should Not Be Kaneans about Freedom.Michael D. Bertrand & Jack Mulder - 2017 - Philosophia Christi 19 (2):315 - 329.
    Abstract: In this paper we argue that Robert Kane’s theory of free will cannot accommodate the possibility of a sinless individual who faces morally significant choices because a sinless agent cannot voluntarily accord value to an immoral desire, and we argue that Kane’s theory requires this. Since the Jesus of the historic Christian tradition is held to be sinless, we think Christians should reject Kane’s theory because it seems irreconcilable with historic Christian Christology. We consider two objections to our argument (...)
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  • A coherent, naturalistic, and plausible formulation of libertarian free will.Mark Balaguer - 2002 - Noûs 36 (3):379-406.
    Let libertarianism be the view that humans are capable of making decisions that are simultaneously undetermined and appropriately non-random. It’s often argued that this view is incoherent because indeterminacy entails randomness (of some appropriate kind). I argue here that the truth is just the opposite: the right kind of indeterminacy in our decisions actually entails appropriate non-randomness, so that libertarianism is coherent, and the question of whether it’s true reduces to the wide-open empirical question of whether certain of our decisions (...)
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  • Free Will and the Divergence Problem.Takuo Aoyama, Shogo Shimizu & Yuki Yamada - 2015 - Annals of the Japan Association for Philosophy of Science 23:1-18.
    This paper presents what the authors call the ‘divergence problem’ regarding choosing between different future possibilities. As is discussed in the first half, the central issue of the problem is the difficulty of temporally locating the ‘active cause’ on the modal divergent diagram. In the second half of this paper, we discuss the ‘second-person freedom’ which is, strictly, neither compatibilist negative freedom nor incompatibilist positive freedom. The divergence problem leads us to two hypothetical views (i.e. the view of single-line determination (...)
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  • Do judgments about freedom and responsibility depend on who you are? Personality differences in intuitions about compatibilism and incompatibilism.Adam Feltz & Edward T. Cokely - 2009 - Consciousness and Cognition 18 (1):342-350.
    Recently, there has been an increased interest in folk intuitions about freedom and moral responsibility from both philosophers and psychologists. We aim to extend our understanding of folk intuitions about freedom and moral responsibility using an individual differences approach. Building off previous research suggesting that there are systematic differences in folks’ philosophically relevant intuitions, we present new data indicating that the personality trait extraversion predicts, to a significant extent, those who have compatibilist versus incompatibilist intuitions. We argue that identifying groups (...)
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  • Experimental Philosophy Is Here to Stay.Chris Weigel - 2009 - Analyse & Kritik 31 (2):221-242.
    Experimental philosophy is comprised of two broad projects, the negative project and the positive project, each of which is a response to a kind of armchair use of intuitions. I examine two examples of the negative project-the analysis of knowledge and the theory of reference-and two examples of the positive project-free will and intentional action-and review criticisms of each example. I show how the criticisms can be met and argue that even if they could not have been met, experimental philosophy (...)
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  • Distance, anger, freedom: An account of the role of abstraction in compatibilist and incompatibilist intuitions.Chris Weigel - 2011 - Philosophical Psychology 24 (6):803 - 823.
    Experimental philosophers have disagreed about whether "the folk" are intuitively incompatibilists or compatibilists, and they have disagreed about the role of abstraction in generating such intuitions. New experimental evidence using Construal Level Theory is presented. The experiments support the views that the folk are intuitively both incompatibilists and compatibilists, and that abstract mental representations do shift intuitions, but not in a univocal way.
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  • Variantism about responsibility.John M. Doris, Joshua Knobe & Robert L. Woolfolk - 2007 - Philosophical Perspectives 21 (1):183–214.
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  • The Trouble with Tracing.Manuel Vargas - 2005 - Midwest Studies in Philosophy 29 (1):269-291.
    Many prominent theories of moral responsibility rely on the notion of “tracing,” the idea that responsibility for an outcome can be located in (i.e., “traced back to”) some prior moment of control, perhaps significantly antecedent to the proximate sources of a considered action. In this article, I show how there is a problem for theories that rely on tracing. The problem is connected to the knowledge condition on moral responsibility. Many prima facie good candidate cases for tracing analyses appear to (...)
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  • Are omnipotence and necessary moral perfection compatible? Reply to Mawson.Wes Morriston - 2003 - Religious Studies 39 (4):441-449.
    In response to an earlier paper of mine, T. J. Mawson has argued that omnipotence is logically incompatible with wrong-doing, ‘whilst accepting that there is “a genuine, active power knowingly to choose evil” and thus leaving room for a free-will defence to the problem of evil’. Here, I attempt to show that Mawson is mistaken on both counts – that his argument for the incompatibility of omnipotence and wrong-doing is defective, and that the free-will defence cannot be sustained on the (...)
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  • Buddhist Perspectives on Free Will: Agentless Agency?Rick Repetti (ed.) - 2016 - London, UK: Routledge / Francis & Taylor.
    A collection of essays, mostly original, on the actual and possible positions on free will available to Buddhist philosophers, by Christopher Gowans, Rick Repetti, Jay Garfield, Owen Flanagan, Charles Goodman, Galen Strawson, Susan Blackmore, Martin T. Adam, Christian Coseru, Marie Friquegnon, Mark Siderits, Ben Abelson, B. Alan Wallace, Peter Harvey, Emily McRae, and Karin Meyers, and a Foreword by Daniel Cozort.
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  • Identification, situational constraint, and social cognition: Studies in the attribution of moral responsibility.Robert L. Woolfolk, John M. Doris & John M. Darley - 2006 - Cognition 100 (2):283-301.
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  • On the importance of history for responsible agency.Manuel Vargas - 2006 - Philosophical Studies 127 (3):351-382.
    In this article I propose a resolution to the history issue for responsible agency, given a moderate revisionist approach to responsibility. Roughly, moderate revisionism is the view that a plausible and normatively adequate theory of responsibility will require principled departures from commonsense thinking. The history issue is whether morally responsible agency – that is, whether an agent is an apt target of our responsibility-characteristic practices and attitudes – is an essentially historical notion. Some have maintained that responsible agents must have (...)
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  • Indeterminism and Freedom.Hidenori Suzuki - 2011 - Kagaku Tetsugaku 44 (2):2_47-2_63.
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  • More work for hard incompatibilism.Tamler Sommers - 2009 - Philosophy and Phenomenological Research 79 (3):511-521.
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  • Experimental philosophy and free will.Tamler Sommers - 2010 - Philosophy Compass 5 (2):199-212.
    This paper develops a sympathetic critique of recent experimental work on free will and moral responsibility. Section 1 offers a brief defense of the relevance of experimental philosophy to the free will debate. Section 2 reviews a series of articles in the experimental literature that probe intuitions about the "compatibility question"—whether we can be free and morally responsible if determinism is true. Section 3 argues that these studies have produced valuable insights on the factors that influence our judgments on the (...)
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  • Why free will remains a mystery.Seth Shabo - 2011 - Pacific Philosophical Quarterly 92 (1):105-125.
    Peter van Inwagen contends that free will is a mystery. Here I present an argument in the spirit of van Inwagen's. According to the Assimilation Argument, libertarians cannot plausibly distinguish causally undetermined actions, the ones they take to be exercises of free will, from overtly randomized outcomes of the sort nobody would count as exercises of free will. I contend that the Assimilation Argument improves on related arguments in locating the crucial issues between van Inwagen and libertarians who hope to (...)
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  • The Two‐Stage Luck Objection.Seth Shabo - 2020 - Noûs 54 (1):3-23.
    The Luck Objection is an influential family of challenges to libertarianism. In recent years, discussions of the Luck Objection have reached an impasse of sorts. On one hand, existing responses to the objection have failed to satisfy libertarianism’s many critics. On the other hand, a growing number of libertarians seem unimpressed by existing formulations of the objection. To break the impasse, I present a two-stage version of the objection. The first stage has the limited objective of showing that supposed exercises (...)
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  • Free will and mystery: looking past the Mind Argument.Seth Shabo - 2013 - Philosophical Studies 162 (2):291-307.
    Among challenges to libertarians, the _Mind_ Argument has loomed large. Believing that this challenge cannot be met, Peter van Inwagen, a libertarian, concludes that free will is a mystery. Recently, the _Mind_ Argument has drawn a number of criticisms. Here I seek to add to its woes. Quite apart from its other problems, I argue, the _Mind_ Argument does a poor job of isolating the important concern for libertarians that it raises. Once this concern has been clarified, however, another argument (...)
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  • Why C-luck really is a problem for compatibilism.S. B. Schoonover & Ivan Guajardo - 2019 - Canadian Journal of Philosophy 49 (1):48-69.
    Some philosophers have recently argued that luck at the time of decision is a problem for compatibilists and libertarians alike. But conceptual ambiguity regarding deterministic luck at the time of decision – henceforth C-luck – has obscured recognition of the problem C-luck poses to compatibilism. This paper clarifies C-luck and distinguishes it from present luck, showing that the former arises from contingent factors at the time of decision instead of presupposed free will requirements. We then argue that empirical findings confirm (...)
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  • Persistent bias in expert judgments about free will and moral responsibility: A test of the Expertise Defense.Eric Schulz, Edward T. Cokely & Adam Feltz - 2011 - Consciousness and Cognition 20 (4):1722-1731.
    Many philosophers appeal to intuitions to support some philosophical views. However, there is reason to be concerned about this practice as scientific evidence has documented systematic bias in philosophically relevant intuitions as a function of seemingly irrelevant features (e.g., personality). One popular defense used to insulate philosophers from these concerns holds that philosophical expertise eliminates the influence of these extraneous factors. Here, we test this assumption. We present data suggesting that verifiable philosophical expertise in the free will debate-as measured by (...)
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  • From Modal Collapse to Providential Collapse.Joseph C. Schmid - 2022 - Philosophia 50 (3):1413-1435.
    The modal collapse objection to classical theism has received significant attention among philosophers as of late. My aim in this paper is to advance this blossoming debate. First, I briefly survey the modal collapse literature and argue that classical theists avoid modal collapse if and only if they embrace an indeterministic link between God and his effects. Second, I argue that this indeterminism poses two challenges to classical theism. The first challenge is that it collapses God’s status as an intentional (...)
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  • Events, agents, and settling whether and how one intervenes.Jason D. Runyan - 2016 - Philosophical Studies 173 (6):1629-1646.
    Event-causal libertarians maintain that an agent’s settling of whether certain states-of-affairs obtain on a particular occasion can be reduced to the causing of events by certain mental events or states, such as certain desires, beliefs and/or intentions. Agent-causal libertarians disagree. A common critique against event-causal libertarian accounts is that the agent’s role of settling matters is left unfilled and the agent “disappears” from such accounts—a problem known as the disappearing agent problem. Recently, Franklin has argued that an “enriched” event-causal account (...)
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  • In Defense of a Broad Conception of Experimental Philosophy.David Rose & David Danks - 2013 - Metaphilosophy 44 (4):512-532.
    Experimental philosophy is often presented as a new movement that avoids many of the difficulties that face traditional philosophy. This article distinguishes two views of experimental philosophy: a narrow view in which philosophers conduct empirical investigations of intuitions, and a broad view which says that experimental philosophy is just the colocation in the same body of (i) philosophical naturalism and (ii) the actual practice of cognitive science. These two positions are rarely clearly distinguished in the literature about experimental philosophy, both (...)
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  • The Lesson of Bypassing.David Rose & Shaun Nichols - 2013 - Review of Philosophy and Psychology 4 (4):599-619.
    The idea that incompatibilism is intuitive is one of the key motivators for incompatibilism. Not surprisingly, then philosophers who defend incompatibilism often claim that incompatibilism is the natural, commonsense view about free will and moral responsibility (e.g., Pereboom 2001, Kane Journal of Philosophy 96:217–240 1999, Strawson 1986). And a number of recent studies find that people give apparently incompatibilist responses in vignette studies. When participants are presented with a description of a causal deterministic universe, they tend to deny that people (...)
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  • Neuroscientific challenges to free will and responsibility.Adina Roskies - 2006 - Trends in Cognitive Sciences 10 (9):419-423.
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  • Don’t panic: Self-authorship without obscure metaphysics1.Adina L. Roskies - 2012 - Philosophical Perspectives 26 (1):323-342.
    In this paper I attempt to respond to the worries of the source incompatibilist, and try to sketch a naturalistically plausible, compatibilist notion of self-authorship and control that I believe captures important aspects of the folk intuitions regarding freedom and responsibility. It is my hope to thus offer those moved by source incompatibilist worries a reason not to adopt what P.F. Strawson called “the obscure and panicky metaphysics of Libertarianism” (P. F. Strawson, 1982) or the panic-inducing moral austerity of the (...)
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  • Bringing moral responsibility down to earth.Adina L. Roskies & Shaun Nichols - 2008 - Journal of Philosophy 105 (7):371-388.
    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 (...)
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  • A Strawsonian look at desert.Adina L. Roskies & Bertram F. Malle - 2013 - Philosophical Explorations 16 (2):133-152.
    P.F. Strawson famously argued that reactive attitudes and ordinary moral practices justify moral assessments of blame, praise, and punishment. Here we consider whether Strawson's approach can illuminate the concept of desert. After reviewing standard attempts to analyze this concept and finding them lacking, we suggest that to deserve something is to justifiably receive a moral assessment in light of certain criteria – in particular, eligibility criteria (a subject's properties that make the subject principally eligible for moral assessments) and assignment criteria (...)
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  • The Divine Controller Argument for Incompatibilism.Katherin A. Rogers - 2012 - Faith and Philosophy 29 (3):275-294.
    Incompatibilists hold that, in order for you to be responsible, your choices must come from yourself; thus, determinism is incompatible with responsibility. One way of defending this claim is the Controller Argument: You are not responsible if your choices are caused by a controller, and natural determinism is relevantly similar to such control, therefore... Q.E.D. Compatibilists dispute both of these premises, insisting upon a relevant dissimilarity, or allowing, in a tollens move, that since we can be determined and responsible, we (...)
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  • How Indeterminism Could Help Incompatibilism on Free Action.Manuel Pérez Otero - 2016 - Dialectica 70 (2):169-184.
    The main goal of this paper is to contribute to the clarification of the dialectics between compatibilists and incompatibilists on free action. I describe a new incompatibilist position that has been neglected in the literature. I also provide a proper rationale for such a position. First, I present a justification for incompatibilism that is composed of an old idea and a new one. The old idea is the FRAP principle: freedom requires alternative possibilities. Compatibilists and incompatibilists alike usually share a (...)
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  • Експериментальна філософія: Новий напрям у філософії та нові можливості для міждисциплінарних досліджень.Oleksiy V. Polunin - 2018 - Вісник Харківського Національного Університету Імені В. Н. Каразіна. Серія «Філософія. Філософські Перипетії» 58:13-28.
    У статті представлено нову течію у філософії, а саме експериментальну філософію, яка потужно заявила про себе в останні двадцять п’ять років і знайшла розповсюдження переважно в країнах Західної та Центральної Європи і США. Окреслено її передісторію, основні положення, ключові методи і тематику досліджень, а також окремі результати. Представлено головні напрями у межах самої експериментальної філософії, а саме рестрикціонізм, експериментальний дескриптивізм та експериментальний аналіз понять. У статті підкреслюється значний міждисциплінарний потенціал експериментальної філософії та описується ряд напрямів, у яких могла б відбутись (...)
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  • Ordinary Men: Genocide, Determinism, Agency, and Moral Culpability.Nigel Pleasants - 2018 - Philosophy of the Social Sciences 48 (1):3-32.
    In the space of their 16-month posting to Poland, the 500 men of Police Battalion 101 genocidally massacred 38,000 Jews by rifle and pistol fire. Although they were acting as members of a formal security force, these men knew that they could avoid participation in killing operations with impunity, and a substantial minority did so. Why, then, did so many participate in the genocidal killing when they knew they did not have to? Landmark historical studies by Christopher Browning and Daniel (...)
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  • The Five Marks of the Mental.Tuomas K. Pernu - 2017 - Frontiers in Psychology 8.
    The mental realm seems different to the physical realm; the mental is thought to be dependent on, yet distinct from the physical. But how, exactly, are the two realms supposed to be different, and what, exactly, creates the seemingly insurmountable juxtaposition between the mental and the physical? This review identifies and discusses five marks of the mental, features that set characteristically mental phenomena apart from the characteristically physical phenomena. These five marks (intentionality, consciousness, free will, teleology, and normativity) are not (...)
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  • From Neuroscience to Law: Bridging the Gap.Tuomas K. Pernu & Nadine Elzein - 2020 - Frontiers in Psychology 11.
    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 (...)
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  • Moral luck: Optional, not brute.Michael Otsuka - 2009 - Philosophical Perspectives 23 (1):373-388.
    'Moral luck' refers to the phenomenon whereby one's degree of blameworthiness for what one has done varies on account of factors beyond one's control. Applying concepts of Dworkin's from the domain of distributive justice, I draw a distinction between 'option moral luck,' which is that to which one has exposed oneself as the result of one's voluntary choices, and 'brute moral luck,' which is that which is unchosen and unavoidable. I argue that option moral luck is not ruled out on (...)
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