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 (...) surprising factors, sometimes prompting apparently contradictory judgments. In this paper, we show how an independently motivated hypothesis about responsibility judgments provides a unified explanation of the more important results from these studies. According to this ‘Explanation Hypothesis’, to take an agent to be morally responsible for an event is to take a relevant motivational structure of the agent to be part of a significant explanation of the event. We argue that because of how explanatory interests and perspectives affect what we take as significant explanations, this analysis accounts for the puzzling variety of empirical results. If this is correct, the Explanation Hypothesis also provides a new way of understanding debates about moral responsibility. (shrink)

We discuss recent work in experimental philosophy on free will and moral responsibility and then present a new study. Our results suggest an error theory for incompatibilist intuitions. Most laypersons who take determinism to preclude free will and moral responsibility apparently do so because they mistakenly interpret determinism to involve fatalism or “bypassing” of agents’ relevant mental states. People who do not misunderstand determinism in this way tend to see it as compatible with free will and responsibility. We discuss why (...) these results pose a challenge to incompatibilists. (shrink)

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 (...) put significant pressure on the claim that incompatibilism is intuitive. Finally, we consider and respond to several potential objections to our approach. (shrink)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

Choice is one of the central elements in the experience of free will, but it has not received a good account from either compatibilists or libertarians. This paper develops an account of choice based around three features: (i) choice is an action; (ii) choice is not determined by one's prior beliefs and desires; (iii) once the question of what to do has arisen, choice is typically both necessary and sufficient for moving to action. These features might appear to support a (...) libertarian account, but they do not. Instead it is argued that all three features can be accommodated within a compatibilist account, where choice is needed because of agents' inabilities to arrive at judgements about what is best. Choice differs though from random picking: in choosing, agents frequently (though not always) deploy abilities that enable them to make good choices. In such cases, judgements about what is best will frequently follow the choice. Finally choice is distinguished from agency, and, on the basis of the distinction, the claim that choice is an action is made good. (shrink)

Some incompatibilists about free will or moral responsibility and determinism would abandon their incompatibilism were they to learn that determinism is true. But is it reasonable to flip-flop in this way? In this article, we contend that it is and show what follows. The result is both a defense of a particular incompatibilist strategy and a general framework for assessing other cases of flip-flopping.

Theories of free will are often measured against how well they capture everyday intuitions about free will. But what are these everyday intuitions, and what theoretical commitments do they express? Empirical methods have delivered mixed messages. In response, some free will theorists have developed error theories to undermine the credentials of countervailing intuitions. These efforts are predicated on the idea that people might misunderstand determinism in any of several ways. This paper sheds light on the comprehension problem. We first discuss (...) recent efforts to explain systematic errors in how people interpret determinism. Then, we present the alarming results of two new preregistered studies exploring three types of comprehension failure: (a) epiphenomenal bypassing, (b) fatalistic bypassing, and (c) indeterministic intrusion. Our findings suggest that misunderstanding runs deeper than others have supposed. This casts doubt on existing models of commonsense thinking about free will. Unless and until researchers properly control for the kinds of misunderstandings we identify, research on free will intuitions cannot shed light on whether ordinary thinking reflects commitments to compatibilism or incompatibilism. (shrink)

The claim that common sense regards free will and moral responsibility as compatible with determinism has played a central role in both analytic and experimental philosophy. In this paper, we show that evidence in favor of this “natural compatibilism” is undermined by the role that indeterministic metaphysical views play in how people construe deterministic scenarios. To demonstrate this, we re-examine two classic studies that have been used to support natural compatibilism. We find that although people give apparently compatibilist responses, this (...) is largely explained by the fact that people import an indeterministic metaphysics into deterministic scenarios when making judgments about freedom and responsibility. We conclude that judgments based on these scenarios are not reliable evidence for natural compatibilism. (shrink)

Sometimes you make a choice. Whether or not you made it was up to you. The choice was free. But how can this be? A scientific view of the world may leave no room for free choice. Free will literature continually explodes. Yet experts still focus on control or on a power to do otherwise. Sadly, they neglect another intuitive feature of free will: being an underived source or ultimate originator. When acting freely, one is a self-determined, self-directed, sole author (...) of change. Surprisingly, though the literature is replete with this pre-theoretic feature of free will, virtually no one makes rigorous use of it when constructing arguments. Equipped with fresh research, this book contends that agent-causation—currently an unpopular theory—deserves serious reconsideration. Only agent-causation accounts for ultimate origination, and popular objections fail under rigorous scrutiny. This book is tightly argued. It challenges and deepens recent advances in free will scholarship made by Peter van Inwagen, Robert Kane, Carl Ginet, Randy Clarke, Stewart Goetz, Tim O’Connor, and others. (shrink)

This paper examines two arguments against the possibility of moral responsibility—the first directly from the work of Galen Strawson and the next inspired by Strawson’s argument. Both of these arguments are found wanting, and their shortcomings are used as a springboard to sketch a positive libertarian view of moral responsibility and defend that view against preliminary objections.

The concept of burden of proof is used in a wide range of discourses, from philosophy to law, science, skepticism, and even in everyday reasoning. This paper provides an analysis of the proper deployment of burden of proof, focusing in particular on skeptical discussions of pseudoscience and the paranormal, where burden of proof assignments are most poignant and relatively clear-cut. We argue that burden of proof is often misapplied or used as a mere rhetorical gambit, with little appreciation of the (...) underlying principles. The paper elaborates on an important distinction between evidential and prudential varieties of burdens of proof, which is cashed out in terms of Bayesian probabilities and error management theory. Finally, we explore the relationship between burden of proof and several (alleged) informal logical fallacies. This allows us to get a firmer grip on the concept and its applications in different domains, and also to clear up some confusions with regard to when exactly some fallacies (ad hominem, ad ignorantiam, and petitio principii) may or may not occur. (shrink)

‘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)

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 (...) a reliable and validated test of expert knowledge-does not eliminate the influence of one important extraneous feature (i.e., the heritable personality trait extraversion) on judgments concerning freedom and moral responsibility. These results suggest that, in at least some important cases, the expertise defense fails. Implications for the practice of philosophy, experimental philosophy, and applied ethics are discussed. (shrink)

On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous, and likely implausible. (...) As a result, they require qualifications. (shrink)

In this paper I argue from a number of positions that are, while not uncontested, at least common among analytic philosophers of religion for the possibility, and indeed the plausibility, of a doctrine of limbo. The account of limbo that I advocate is substantially different than the element of Catholic speculative theology that goes by the same name. According to that doctrine, the limbus infantium is a place or state of perfect natural happiness for those who, prior to the age (...) of reason, die without baptism. Given the possibility of ‘baptism by desire’, the need for limbo, as I shall develop it, is not based on whether or not an agent has received the sacrament of baptism. Instead limbo is, I argue, a place where individuals who have not had sufficient opportunity to be reconciled to God in the present life will be given the opportunity to do so in the next life. Limbo, so understood, is a place which allows for the post-mortem healing and growth of individuals so that they are able to choose either for or against God in the way required for redemption in this life. On this view, limbo is not a place of ‘second-chances’, but rather a place of first-chances for those who were denied them in their terrestrial life. (shrink)

In this paper I propose a form of free will fallibilism. Unlike the free will realist who is fully persuaded that we have sufficient evidence of freedom to justify holding individuals morally responsible for what they do and imposing punishment, and unlike the free will skeptic who is fully persuaded that we do not have enough evidence to believe that we face a future of open alternatives, the free will fallibilist will believe that we have enough evidence to justify a (...) belief in freedom for some purposes but not for others. Along the way I argue that deliberation-compatibilism of the sort recently defended by Pereboom is subject to a very familiar sort of counterexample. The question that concerns me the most is whether punishment—this brutal institution that disposes of the lives of countless of our most vulnerable citizens—can be justified. I think it cannot, precisely because there is not sufficient evidence that human beings are free to choose between branching alternatives and so deserve to be treated like that. At least, if there is such justifying evidence it is more or less completely balanced by evidence that all events including human actions have causes. Moreover, I find compatibilism utterly unpersuasive. At the same time, I believe that I am a free agent; what I do is in large part up to me. I believe that the explanation of action cannot be reduced to causal explanation, and I believe that the logic of action requires a notion of branching time. I have two pictures of the universe; which of the two pictures I may rely upon will depend upon just what it is that I intend to do. Between the problem that preoccupies me, punishment, and my day-to-day choices, there is a wide gap. There are a lot of choices that, on the axis of justification, fall in between the two, many of them choices about how to treat those around us: whether to snub a friend who has insulted me, whether to castigate her, whether to reward a kind act with praise. Where to draw the line is a topic for another paper. The only principle that right now seems to me firm enough to act upon is this: the greater the likelihood of doing harm, the less likely the choice is to be justified. (shrink)

Jednou z důležitých otázek týkajících se svobodné vůle je tzv. otázka kompatibility. Táže se, zda jsou svobodná vůle a morální zodpovědnost slučitelné s platností determinismu. Existuje řada postojů k dané problematice. Na jedné straně se můžeme setkat s inkompatibilismem, který tvrdí, že svobodná vůle a morální zodpovědnost nejsou kompatibilní s kauzálním determinismem (ať již mluvíme o libertariánství či přísném determinismu), na straně druhé máme kompatibilismus, který se sloučením těchto dvou koncepcí nemá problém. Můj zájem je zaměřen pouze na současnou debatu (...) týkající se svobodné vůle, která prozatím nedošla k jednotné odpovědi na danou otázku. Jedním ze způsobů podpory stanovisek (ať již jedné či druhé strany) je odkaz na jejich intuitivnost. Lidské intuice jsou ale empiricky testovatelné, proč tedy tvrzení filosofů neověřit? Tuto otázku si pokládají zástupci poměrně mladého filosofického směru, kterým je experimentální filosofie. Ta ve svém znaku nese hořící křeslo, aby demonstrovala vymezení vůči závěrům získaným skrze čistě apriorní přístup a snahu o empirická přezkoumání dosavadních poznatků filosofie. Za pomoci experimentálních metod se zástupci experimentální filosofie snaží mapovat intuice laiků (tedy nefilosofů), kteří nejsou zatíženi teoretickými závazky jako samotní filosofové, a nedochází tudíž k nechtěnému zkreslení výsledků. Mým cílem je představit výsledky experimentální filosofie ohledně otázky kompatibility. Aby to bylo možné, je nutné se zběžně seznámit se základními odpověďmi na otázku kompatibility. Dále shrnu nejvýznamnější experimenty, které do dané diskuse přispěly. Chci zároveň poukázat, že debata experimentálních filosofů nabrala velice rychle svébytného směru, čímž, dle mého názoru, má potenciál původní diskusi posunout a obohatit. (shrink)

In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...) evidence is simply not there. In this paper I make two parallel points against a quarantine theory of criminal justice. First, the free will skeptic who would justify universal criminal quarantine is also faced with a burden of proof, the burden to establish to a similarly high level that no human being ever acts freely. Second, there is not sufficient evidence for that conclusion either. I believe that the quandary that this creates for criminal justice can be resolved by distinguishing the methods associated with a particular approach from the approach itself: if our choice is between the methods of punishment and the methods of quarantine, the methods that constitute punishment are, I would argue, morally preferable to those that constitute quarantine. (shrink)