It is a common idea, and an element in many legal systems, that people can deserve punishment when they commit criminal (or immoral) actions. A standard philosophical objection to this retributivist idea about punishment is that if human choices and actions are determined by previous events and the laws of nature, then we are not free in the sense required to be morally responsible for our actions, and therefore cannot deserve blame or punishment. It has recently been suggested that this (...) argument can be backed up by neuroscience, since neuroscientific explanations of human behavior leave no room for non-determined free actions. In this thesis, an argument of this sort is discussed. According to this argument, that I call “the Revision Argument”, we should revise the legal system so that any retributivist justification of punishment is removed. I examine some objections to the Revision Argument according to which compatibilism about free will and responsibility is a morally acceptable basis of retributive punishment. I argue that these objections have difficulties in providing a plausible account of the relevant difference between people who deserve punishment for their actions and people who do not. Therefore, I argue that they fail to refute the conclusion of the Revision Argument. (shrink)

“Frankfurt-style cases” are widely considered as having refuted the Principle of Alternate Possibilities by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy has recently argued that FSCs fail because our intuitions about cases involving counterfactual interveners are inconsistent, and this inconsistency is best explained by the fact that our intuitions about such cases are grounded in an internalist prejudice about the location of mental states and capacities. In response (...) to this challenge, we argue that there is no inconsistency in our intuitions about cases involving CIs, as soon as we draw the comparison properly, and that intuitions about such cases do not rest on an internalist prejudice, but on a more basic distinction between two kinds of dispositions. Additionally, we discus... (shrink)

The new dispositionalists defend the position that an agent in a deterministic Frankfurt-style case has the ability to do otherwise, where that ability is the one at issue in the principle of alternative possibilities. Focusing specifically on Kadri Vihvelin's proposal, I argue against this position by showing that it is incompatible with the existence of structurally similar cases to FSCs in which a preemptive intervener bestows an agent with an ability.

‘Frankfurt-style cases’ (FSCs) are widely considered as having refuted the Principle of Alternate Possibilities (PAP) by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy (J Philos 105:223–239, 2008) has recently argued that FSCs fail because we are not entitled to suppose that the agent is morally responsible, given that the mere presence of a counterfactual intervener is enough to make an agent lose responsibility-grounding abilities. Here, I distinguish two (...) kinds of Frankfurt counter-arguments against the PAP: the direct and the indirect counter-arguments. I then argue that Levy’s argument, if valid, can shed doubt on the indirect argument but leaves the direct argument untouched. I conclude that FSCs can still do their job, even if we grant that the mere presence of a counterfactual intervener can modify an agent’s abilities. (shrink)

A version of the principle of alternate possibilities claims that one is only blameworthy for actions which one was able to avoid. Much of the discussion about PAP concerns Frankfurt’s counterexamples to it. After fifty years of refined debates, progress might seem hopeless. Yet, we can make headway by asking: “what’s our reason for believing PAP?” The best answer is this: lacking eligible alternatives—alternatives whose cost is not too high to reasonably opt for—is a good excuse. Yet, this principle is (...) subject to straightforward counterexamples, unless it is given an epistemicised reading. And in this latter case, it does not support PAP. So, PAP is unsupported, at least for now. (shrink)

I argue that realism about causal powers sublates the passivist, Humean-inflected free will problematic. In the first part of the paper I show that adopting what I call ‘powers-non-determinism’ reconfigures the conceptual terrain with respect to the causation component of the contemporary problematic. In part two I show how adopting ‘powers-non-determinism’ significantly alters the nature of the discussion with respect to the agency component of the problematic. In part three I compare ‘powers-non-determinism’ to an otherwise- Humean agent causal position.

Vihvelin argues that Frankfurt-style cases should be divided into two kinds, according to when the trigger for the intention takes place: either prior to the agent's choice or after it. Most agree that only the former, which I call pre-decisional intervention, stands a chance of removing all of an agent's alternatives. Vihvelin notes that both sides in the dispute over whether there is a successful case of pre-decisional intervention assume that if there is a successful case, then it will be (...) a case where the agent has no alternative. Vihvelin thinks this is a mistake: agents subject to pre-decisional intervention still have alternatives, and the intricate discussion and development of ever more complex Frankfurt-style cases is beside the point. She argues for this by presenting a case, purportedly analogous to Frankfurt-style cases, where it is clear that there are alternatives available. Fischer has replied by disputing the analogy. In this paper I argue that Vihvelin is right to think the cases are analogous, but that both Fischer and Vihvelin are wrong to think that Vihvelin's parallel case is one where there are alternatives. Despite appearances, this is not the case, and I construct a Fischer-inspired argument to show this. (shrink)

In this paper, I explore an alternative to the Principle of Alternate Possibilities for Moral Responsibility—the Ceteris Paribus Principle of Alternative Possibilities for Moral Responsibility. I consider motivations for this principle and answer some objections to it.

I argue that a powers-based metaphysics radically reconfigures the existing free will problematic. This is different from claiming that such an approach solves the ill-conceived problems that emerge from Humean-Kantian default commitments.

In this article we survey six recent developments in the philosophical literature on free will and moral responsibility: (1) Harry Frankfurt's argument that moral responsibility does not require the freedom to do otherwise; (2) the heightened focus upon the source of free actions; (3) the debate over whether moral responsibility is an essentially historical concept; (4) recent compatibilist attempts to resurrect the thesis that moral responsibility requires the freedom to do otherwise; (5) the role of the control condition in free (...) will and moral responsibility, and finally (6) the debate centering on luck. (shrink)

The continuing debate between Persson and Savulescu and myself over moral enhancement concerns two dimensions of a very large question. The large question is: what exactly makes something a moral enhancement? This large question needs a book length study and this I provide in my How to be Good, Oxford 2016.. In their latest paper Moral Bioenhancement, Freedom and Reason take my book as their point of departure and the first dimension of the big question they address is one that (...) emphasizes a distinction, not highlighted in their original 2008 paper, between a moral enhancement that will ensure an improvement in morality and one that will simply make people more motivated to be moral. The second issue concerns whether anything that would be a “moral enhancement” properly so called, could involve denying moral agents the very possibility of autonomously choosing to try to be good. In this response, although P&S cover a number of other related issues, I shall concentrate on these two points. (shrink)

This paper argues that John Fischer and Mark Ravizza's compatibilist theory of moral responsibility cannot justify reactive attitudes like blame and desert-based practices like retributive punishment. The problem with their account, I argue, is that their analysis of moderateness in regards to reasons-responsiveness has the wrong normative features. However, I propose an alternative account of what it means for a mechanism to be moderately reasons-responsive which addresses this deficiency. In a nut shell, while Fischer and Ravizza test for moderate reasons-responsiveness (...) by checking how a mechanism behaves in a given time slice across other possible worlds, on my account we should ask how that mechanism behaves in this world over a span of time – specifically, whether it responds to reasons sufficiently often. My diachronic account is intended as a drop-in replacement for Fischer and Ravizza's synchronic account. (shrink)

In his “Frankfurt-style cases user manual”, Florian Cova (2013) distinguishes two kinds of Frankfurt-style arguments against the principle of alternative possibilities (PAP), and argues that my attack on the soundness of Frankfurt-style cases succeeds, at most, only against one kind. Since either kind of argument can be used to undermine PAP, Cova suggests, the fact that my attack fails against at least one means that it does not succeed in rescuing PAP from the clutches of Frankfurt enthusiasts. In this brief (...) response I will argue that my attack undermines both kinds of Frankfurt-style arguments. It shows that we are not entitled to rely on the intuitions that these arguments provoke, whether they are produced by the direct version of the Frankfurt-style argument or the indirect.In a typical Frankfurt-style case (FSC), an agent performs a bad action for which, intuitively, they seem to be morally responsible, despite the fact that they lack alternative possibilities (see Frankfurt 196. (shrink)

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

In this paper, we motivate, propose and defend the following two conditions as individually sufficient and disjunctively necessary for moral responsibility: PODMA —originally proposed by Coren, Acta Analytica, 33, 145–159,, now cast as sufficient rather than necessary—and the TWC*, which amends versions presented by Young, 961–969, 2016; Philosophia, 45, 1365–1380, 2017). We explain why there is a need for new necessary and sufficient conditions, how these build on and improve existing ideas, particularly in relation to Frankfurt-style counterexamples and the continuing (...) discussion on their effectiveness, and why PODMA and the TWC* are good candidates. Finally, we defend the proposal against anticipated objections in order to clarify why we think these individually sufficient and disjunctively necessary conditions are plausible and able to inform the ongoing debate on the role of alternate possibilities in the ascription of moral responsibility. (shrink)

A standard argument for one-boxing in Newcomb’s Problem is ‘Why Ain’cha Rich?’, which emphasizes that one-boxers typically make a million dollars compared to the thousand dollars that two-boxers can expect. A standard reply is the ‘opportunity defence’: the two-boxers who made a thousand never had an opportunity to make more. The paper argues that the opportunity defence is unavailable to anyone who grants that in another case—a Frankfurt case—the agent is deprived of opportunities in the way that advocates of Frankfurt (...) cases typically claim. (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)

Recently, Neil Levy has proposed that an agent can acquire freedom-relevant agential abilities by virtue of the conditions in which she finds herself, and in this way, can be thought of as partially constituted by those conditions. This can be so even if the agent is completely ignorant of the relevant environmental conditions, and even if these conditions play no causal role in what the agent does. Drawing upon these resources, Levy argues that Frankfurt-style examples are not cogent. In this (...) paper, we explain why his argument fails. (shrink)

Abstract:In this paper, I dispute what I callpsychological internalismabout moral responsibility, which comprises most classic accounts as well as newer neurobiological ones, and I defendpsychological externalismabout moral responsibility instead. According to psychological internalism, an agent's moral responsibility is determined solely or primarily by her intentional states. I argue that psychological internalism is empirically challenged by recent findings in social psychology and cognitive science. In light of the empirical evidence, I contend that moral responsibility depends on historical and environmental factors to (...) a much greater degree than previously appreciated. Thus, moral responsibility is not just in the head: indeed, it is much less in the head than typically assumed. (shrink)

ABSTRACT Frankfurt’s ‘Alternate Possibilities and Moral Responsibility’ broke with the tradition of understanding the kind of freedom required for responsibility in terms of alternative possibilities. At the same time, it inspired and motivated a new family of views in its place: views that focus exclusively on actual sequences or the actual causes of behaviour. But, what exactly does that ‘exclusiveness’ claim amount to? At first sight, it may seem natural to interpret it as the claim that the only facts that (...) are relevant to an agent’s freedom are certain facts about actual causes. This would imply that any non-actual facts are simply irrelevant to the freedom of agents. This paper argues that this interpretation is mistaken, and proposes a better one. It also discusses the related but more general question of the type of project that we are invested in when giving a theory of freedom: Are we interested in the bottom-level grounding facts, or are we interested in some higher-level facts? (shrink)

The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom”. -/- Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with (...) moral responsibility. I will argue, however, that it is not merely the inability to do otherwise by itself but rather the inability to do otherwise in combination with the absence of a counterfactual intervener that is incompatible with moral responsibility. If I cannot do otherwise and it is not because of a counterfactual intervener, then it must be the case that I am being forced to choose and therefore act as I do, in which case I cannot be morally responsible for this action. -/- Because the Blockage Argument fails, and because it was really the only way to establish that moral responsibility does not require any alternative possibilities whatsoever, it follows that moral responsibility does indeed require at least one alternative possibility in any given situation. But it turns out that this conclusion does not tip the balance in favor of incompatibilism over compatibilism. It would have if blockage and determinism were equivalent. But they are not. Unlike blockage, determinism is compatible with certain counterfactuals that compatibilists traditionally believed the ability to do otherwise reduces to. So even though moral responsibility is incompatible with blockage, it does not necessarily follow that moral responsibility is incompatible with determinism. (shrink)

It is very widely held that Frankfurt-style cases—in which a counterfactual intervener stands by to bring it about that an agent performs an action but never actually acts because the agent performs that action on her own—show that free will does not require alternative possibilities. This essay argues that that conclusion is unjustified, because merely counterfactual interveners may make a difference to normative properties. It presents a modified version of a fake barn case to show how a counterfactual intervener can (...) make the difference between an agent knowing a fact or merely truly believing that fact, by eliminating veretic epistemic luck. If counterfactual interveners can make this kind of difference to the epistemic status of agents, the essay argues, there is no reason why they can't make an analogous difference to agents' moral responsibility. It concludes that reflection on these cases reveals that despite the mountains of words spilled on the topic, we still don't fully understand what role access to alternative possibilities plays in whether or not agents are morally responsible for their actions. (shrink)