In this paper, we focus on the moral responsibility of organized groups in light of historicism. Historicism is the view that any morally responsible agent must satisfy certain historical conditions, such as not having been manipulated. We set out four examples involving morally responsible organized groups that pose problems for existing accounts of historicism. We then pose a trilemma: one can reject group responsibility, reject historicism, or revise historicism. We pursue the third option. We formulate a Manipulation Condition and a (...) Guarding Condition as addendums to historicism that are necessary to accommodate our cases of group responsibility. (shrink)

Many think it is plausible that agents enjoy freedom and responsibility with respect to their actions in virtue of being reasons-responsive. Extant accounts spell out reasons-responsiveness (RR) as a general modal property. The agent is responsive to reasons for and against ϕ-ing, according to this idea, if they ϕ in accordance with the balance of reasons in a suitable proportion of possible situations. This paper argues that freedom and responsibility are not grounded in such modal properties on the basis of (...) a phenomenon I call ‘rational blind spots’. Agents have highly specific local blockages (or openings) that prevent them from seeing or reacting for a particular type of reason. When these blind spots are triggered, agents fail to be responsive to reasons in the sense relevant to freedom and responsibility. Thus, we judge that they are not free and responsible. But bind spots don’t remove the agent’s possession of general modal RR properties. Thus, extant accounts of reasons-responsiveness render the incorrect result that the agents in these cases remain responsible because they remain responsive to reasons in a general sense. (shrink)

This work develops a philosophically credible and psychologically realisable account of control that is necessary for moral responsibility. We live, think, and act in an environment of subjective uncertainty and limited information. As a result, our decisions and actions are influenced by factors beyond our control. Our ability to act freely is restricted by uncertainty, ignorance, and luck. Through three articles, I develop a naturalistic theory of control for action as a process of error minimisation that extends over time. Thus (...) conceived, control can serve to minimise the influence of luck on action and enable freedom in uncertainty. -/- In Article 1, Thor Grünbaum and I argue for a psychologically plausible account of the kind of control that is necessary for moral responsibility. We begin by establishing the relationship between agentive contribution and responsibility-level control. One way to determine whether one the right kind and degree of control to be morally responsible is to track one’s degree of contribution to an action. However, a psychologically plausible account of control in terms of agentive contribution may seem to contradict the types of functional-mechanistic explanations used in cognitive science. In cognitive psychology and cognitive neuroscience, personal-level capacities are explained by a set of sub-personal mechanisms. Often, such explanations leave no room for a contribution by the agent. By integrating insights from theories of cognitive control and incorporating them into a philosophical account of intentions, we propose a way of thinking about the distribution of cognitive control resources as something the agent does. -/- Article 2 argues that a classic argument concerning luck, originally aimed at libertarianism, generalises beyond any specific theory of free will, and regardless of whether determinism or indeterminism is true. I call this mental luck. Because we all make decisions under conditions of relative uncertainty and limited information, it is possible for an agent to make decisions that are contrary to their own motivation. In such situations, it may be a matter of luck whether the agent makes the right decision. Mentally lucky decisions are not rationally governed by attitudes within the agent's perspective, and thus, may be indistinguishable from unlucky ones. From the perspective of the agent, such decisions may resemble the outcome of a lottery. Therefore, mental luck poses a challenge to most prominent theories of free action and moral responsibility. -/- Finally, article 3 engages with the issue of resultant luck, namely luck in how things turn out. Resultant luck raises a challenge for theories of moral responsibility because its existence suggests that one may be responsible for factors beyond one’s control. Prominent responses to resultant luck led to a choice between internalism and scepticism. I argue that familiar cases of resultant luck are based on the assumption that actions are events. Instead, I propose an alternative ontology of action as an ongoing goal-directed process with a many-shots structure. Described this way, cases of resultant luck are not representative of ordinary action. The proposal of action as a many-shots process is consistent with predictive coding, a cognitive architecture which centres around error minimisation. Under this framework, cases of resultant more luck are no longer failures of action, but rather anticipated errors to be settled within the ordinary process of action. (shrink)

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action occurs or (...) not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, (...) we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

This chapter describes the attributionist approach to moral responsibility. Works by Pamela Hieronymi, T.M. Scanlon, Angela Smith, and Matthew Talbert are taken to representative of this approach. On the interpretation given here, attributionism is committed to the following: assessments of moral responsibility are, and ought to be, centrally concerned with the morally significant features of an agent’s orientation toward others that are attributable to her, and an agent is eligible for moral praise or blame solely on the basis of these (...) attributions. Attributionism is presented as rejecting the claim that agents are morally responsible only for what is under their voluntary control, as well as the claim that agents are responsible for wrongdoing only if they could have responded to the moral considerations that spoke against your behavior. These supposed conditions on moral responsibility are rejected for the same reason: agents may reveal features of their selves, in a way that is sufficient for moral responsibility, even in cases in which these conditions are not met. (shrink)

This paper tries to explain why racial profiling involves a serious injustice and to do so in a way that avoids the problems of existing philosophical accounts. An initially plausible view maintains that racial profiling is pro tanto wrong in and of itself by violating a constraint on fair treatment that is generally violated by acts of statistical discrimination based on ascribed characteristics. However, consideration of other cases involving statistical discrimination suggests that violating a constraint of this kind may not (...) be an especially serious wrong in and of itself. To fully capture the significant wrong that occurs when racial profiling is targeted at black Americans or other similarly situated groups, it is argued that we should appeal to the idea that this basic injustice is exacerbated when it forms part of a larger pattern of similar actions that collectively realize a state of cumulative injustice. (shrink)

Harry Frankfurt Journal of Philosophy, 66, 829–39 famously attacked what he called the principle of alternate possibilities. PAP states that being able to do otherwise is necessary for moral responsibility. He gave counterexamples to PAP known since then as “Frankfurt cases.” This paper sidesteps the enormous literature on Frankfurt cases while preserving some of our salient pretheoretical intuitions about the relation between alternate possibilities and moral responsibility. In particular, I introduce, explain, and defend a principle that has so far been (...) overlooked, namely, “the principle of doxastic moral asymmetry” : a rational agent, S, is morally responsible for an action that S performed, E, only if, when S did E, S justifiably believed either that E was closer to S’s most praiseworthy alternate possibility than it was to S’s most blameworthy alternate possibility, or that E was closer to S’s most blameworthy alternate possibility than it was to S’s most praiseworthy alternate possibility. (shrink)

ABSTRACTIt has recently become fashionable among those who write on questions of moral responsibility to distinguish two different concepts, or senses, of moral responsibility via the labels ‘responsibility as attributability’ and ‘responsibility as accountability’. Gary Watson was perhaps the first to introduce this distinction in his influential 1996 article ‘Two Faces of Responsibility’ , but it has since been taken up by many other philosophers. My aim in this study is to raise some questions and doubts about this distinction and (...) to argue that it has led to confusion rather than clarification in debates over moral responsibility. In place of the attributability/accountability distinction, I propose that there is a single concept of moral responsibility underlying our actual moral practices. This core notion of moral responsibility, which I call ‘responsibility as answerability’, is well positioned to explain thos.. (shrink)

Do incompatibilist arguments, like some fatalist arguments, rest on modal fallacies? If Westphal (2012) is right, then one popular argument for incompatibilism van Inwagen’s “First Formal Argument” does rest on a modal fallacy. Similarly, Warfield (2000) claims that the standard modal formulation of the master argument for incompatibilism is a modal fallacy. Here, I refute both claims. Contra Westphal, I show that the mistake in van Inwagen’s "First Formal Argument" is no modal fallacy. After that, I argue that Warfield’s charge (...) of modal fallacy can be easily avoided by using a plausible principle concerning actuality. Then, I show that this allows one to put forward a fairly simple argument for fatalism (the thesis that we aren’t able to do otherwise from what we actually do). (shrink)

This thesis investigates the conceptual relationship between laws of nature and free will. In order to clarify the discussion, I begin by distinguishing several questions with respect to the nature of a law: i) do the laws of nature cover everything that happens? ii) are they deterministic? iii) can there be exceptions to universal and deterministic laws? iv) do the laws of nature govern everything in the world? In order to answer these questions I look at three widely endorsed accounts (...) of laws: "Humean" regularity accounts, laws as relations among universals, and the dispositional essentialist account. I argue that there is nothing in the very nature of a law - in any of the accounts surveyed - that implies a positive answer to questions (i) and (ii). I show that this has important consequences for the free will problem. I then turn to the compatibility of free will and determinism. I focus on the Humean view and the dispositional essentialist account of laws. And the bulk of this discussion concerns the consequence argument, especially the question of whether the laws of nature are "up to us". I show that, on the dispositional conception of laws, there is no sense in which the laws of nature are up to us, contrary to the Humean view. However, this does not mean that there is no room for free will on the dispositional account. I argue that free will requires the laws of nature to be limited in scope, rather than being indeterministic. I conclude by showing that this allows one to resist the claim that indeterminism rules out free will. (shrink)

A prominent objection to non-cognitive moral bio-enhancements is that they would compromise the recipient’s ‘freedom to fall’. I begin by discussing some ambiguities in this objection, before outlining an Aristotelian reading of it. I suggest that this reading may help to forestall Persson and Savulescu’s ‘God-Machine’ criticism; however, I suggest that the objection still faces the problem of explaining why the value of moral conformity is insufficient to outweigh the value of the freedom to fall itself. I also question whether (...) the objection is compatible with Neil Levy’s parity principle. Accordingly, I go on to consider an alternative relational freedom-based objection to NCMBEs that aims to explain the fundamental moral importance of the freedom that NCMBEs would violate. I argue that although this strategy might allow the critic of NCMBEs to bypass a powerful criticism of Harris’ objection, it also weakens the freedom-based objection’s compatibility with the parity principle. (shrink)

The human brain, with its 100 billion neurons working in intricate collaborations to create the physical basis of the memories, perceptions, thoughts, and emotions that together make me the person...

Incompatibilists and compatibilists (mostly) agree that there is a strong intuition that a manipulated agent, i.e., an agent who is the victim of methods such as indoctrination or brainwashing, is unfree. They differ however on why exactly this intuition arises. Incompatibilists claim our intuitions in these cases are sensitive to the manipulated agent’s lack of ultimate control over her actions, while many compatibilists argue that our intuitions respond to damage inflicted by manipulation on the agent’s psychological and volitional capacities. Much (...) hangs on this issue because manipulation-based arguments are among the most important for defending incompatibilist views of free will. In this paper, I investigate this issue from a experimental perspective, using a set of statistical methods well suited for identifying the features of hypothetical cases people’s intuitions are responding to. Results strongly support the compatibilist view—subjects’ tendency to judge that a manipulated agent is unfree was found to depend on their judgments that the agent suffers impairments to certain psychological/volitional capacities that compatibilists say are the basis for free will. I discuss the significance of these results for the use of manipulation cases in the philosophical debate about free will. (shrink)

The concept of mental integrity is currently a significant topic in discussions concerning the regulation of neurotechnologies. Technologies such as deep brain stimulation and brain-computer interfaces are believed to pose a unique threat to mental integrity, and some authors have advocated for a legal right to protect it. Despite this, there remains uncertainty about what mental integrity entails and why it is important. Various interpretations of the concept have been proposed, but the literature on the subject is inconclusive. Here we (...) consider a number of possible interpretations and argue that the most plausible one concerns neurotechnologies that bypass one’s reasoning capacities, and do so specifically in ways that reliably lead to alienation from one’s mental states. This narrows the scope of what constitutes a threat to mental integrity and offers a more precise role for the concept to play in the ethical evaluation of neurotechnologies. (shrink)

Greg Janzen has recently criticised my defence of Frankfurt’s counterexample to the Principle of Alternate Possibilities by arguing that Jones avoids killing Smith in the counterfactual scenario. Janzen’s argument consists in introducing a new thought-experiment which is supposed to be analogous to Frankfurt’s and where the agent is supposed to avoid A-ing. Here I argue that Janzen’s argument fails on two counts, because his new scenario is not analogous to Frankfurt’s and because the agent in his new scenario does not (...) avoid A-ing. (shrink)

It is sometimes objected that we cannot adopt skepticism about moral responsibility, because the criminal justice system plays an indispensable social function. In this paper, I examine the implications of moral responsibility skepticism for the punishment of those convicted of crime, with special attention to recent arguments by Saul Smilansky. Smilansky claims that the skeptic is committed to fully compensating the incarcerated for their detention, and that this compensation would both be too costly to be practical and would remove the (...) deterrent function from incarceration. I argue that the skeptic is not committed to full compensation of the offender, and that the costs of such compensation would in any case be far smaller than Smilansky thinks. In fact, I claim, the costs of the criminal justice system to which the skeptic is committed might be very much lower than the costs – economic, social and moral – we currently pay as a consequence of our system of punishment. (shrink)

Blame is usually discussed in the context of the free will problem, but recently moral philosophers have begun to examine it on its own terms. If, as many suppose, free will is to be understood as the control relevant to moral responsibility, and moral responsibility is to be understood in terms of whether blame is appropriate, then an independent inquiry into the nature and ethics of blame will be essential to solving (and, perhaps, even fully understanding) the free will problem. (...) In this article we first survey and categorize recent accounts of the nature of blame – is it action, belief, emotion, desire, or something else? – and then we look at several proposed requirements on appropriate blame that look beyond the transgressor himself, considerations that will form part of a full account of the ethics of blame. (shrink)

Many theorists writing about moral responsibility accept that voluntary control is necessary for responsibility. Call such theorists volitionists. Recently, volitionism has been called into question by theorists I call nonvolitionists. Yet neither volitionists nor nonvolitionists have carefully articulated a clear volitionist thesis, nor have they sufficiently explained the concept of voluntary control that somehow seems connected to volitionism. I argue that attempts to explain the volitionist thesis, voluntary control, and their relation are more problematic than have previously been recognized. Instead, (...) I recommend understanding volitionism in terms of intentional actions and omissions. This understanding has several benefits. It clarifies the debate and its parameters, it avoids the problematic notion of voluntary control while relying on the clearer notion of intentional action, and it highlights that the debate between volitionists and nonvolitionists essentially concerns the nature and scope of obligations. As a result, understanding volitionism in terms of intentional actions and omissions can help breathe new life into the volitionist debate. (shrink)

Harry Frankfurt (1969) famously gave cases in which an agent lacks alternate possibilities and yet seems morally responsible. Such cases purportedly falsify the Principle of Alternate Possibilities, which states that the ability to do otherwise is necessary for moral responsibility. There is an enormous body of literature debating whether or not Frankfurt cases and their variants do in fact falsify PAP. In order to sidestep Frankfurt cases altogether, Garry Young (2016) argues for a different version of PAP, namely, PAP, on (...) which alternate possibilities are sufficient rather than necessary for moral responsibility. Young also argues for another sufficient but not necessary condition, the ‘Twin World Condition’. Only one of PAP and TWC needs to be satisfied for moral responsibility. I argue here that Young’s proposal as it stands generates too much moral responsibility. So I present versions of Young’s conditions that avoid this problem. I also argue that even with those revisions, Young’s proposal does not limit moral responsibility as effectively as PAP does. (shrink)

The compatibilism debate revolves around the question whether moral responsibility and free will are compatible with determinism. Prima facie, this seems to be a substantial issue. But according to the triviality objection, the disagreement is merely verbal: compatibilists and incompatibilists, it is maintained, are talking past each other, since they use the terms “free will” and “moral responsibility” in different senses. In this paper I argue, first, that the triviality objection is indeed a formidable one and that the standard replies (...) to it are unconvincing. This, however, does not mean that the objection succeeds. Starting with the debate about moral responsibility, I attempt to show that there is an account of moral responsibility which enables us to defend the compatibilism debate against the charge of triviality—namely, the normative conception of moral responsibility. If “moral responsibility” is defined in normative terms, then we cannot distinguish between a compatibilist and an incompatibilist sense of “moral responsibility”, because such a disambiguation would be inconsistent with the essential action-guiding force of normative expressions. Finally, I examine how the normative conception of moral responsibility can help us to defend the free will debate against the triviality objection and draw some general conclusions. (shrink)

ABSTRACT According to the ‘Principle of Alternative Possibilities’, an agent is morally responsible for performing some action only if she could have done otherwise. Beginning with Harry Frankfurt nearly fifty years ago, a number of putative counterexamples have been offered. In this essay, I consider a type of counterexample developed by David Hunt: so-called ‘complete blockage’ Frankfurt examples. The chief objection to these cases is that they presuppose causal determinism, thereby begging the question against incompatibilists. I argue, however, that even (...) if we grant that complete blockage Frankfurt examples assume causal determinism, they can still be successfully deployed as counterexamples to PAP without begging the question. (shrink)

According to most Muslim philosophers, the Divine foreknowledge, on the one hand, is so inclusive that encompasses each and every minor and timed action of moral agents, and because of the perfection of God in essence and attributes, any defects in His essence and attributes including any errors in His foreknowledge are impossible. On the other hand, these philosophers, like other defenders of free will, claim that significance of any kind of free will and responsibility of a moral agent depends (...) on their access to alternate possibilities (PAP (and, consequently, their ability to do and not to do an action simultaneously. This paper aims to deal with this highly debated and rooted question that whether these two views are essentially in conflict with each other. To answer this pivotal question briefly based on a modified version of Frankfurt cases and Muslim philosophers’ definition of free will, we attempt to defend their initial approach to eliminating the conflict between Divine foreknowledge and free will or moral responsibility and show that, firstly, this infallible knowledge is contingent on the agent’s voluntary action and, secondly, despite the principle of alternate possibilities, moral responsibility of the agent does not depend on the person’s avoidance of the forthcoming action. (shrink)

This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument against the (...) challenge is unpersuasive. This analysis allows the article to flesh out the challenge, and demonstrate why it is currently non-completeable. However, the paper argues that contrary to what is often assumed the burden of proof falls on the defenders of criminal justice, and that they will find meeting it a monumental task. (shrink)

This essay will canvass recent philosophical discussion of accounts of human (free) agency that deploy a notion of agent causation . Historically, many accounts have only hinted at the nature of agent causation by way of contrast with the causality exhibited by impersonal physical systems. Likewise, the numerous criticisms of agent causal theories have tended to be highly general, often amounting to no more that the bare assertion that the idea of agent causation is obscure or mysterious. But in the (...) past decade, detailed accounts of agent causation have been offered (chiefly by Randolph Clarke and Timothy O’Connor), and they have occasioned more specific objections in turn. These recent accounts and objections to them will be my primary focus in what follows. But first I will identify two distinct motivations that have been advanced for adopting an agent causal approach to human agency and the ontological and metaphysical commitments common to any version of this approach. (shrink)