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)

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)

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.

How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some proposition (...) when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature. (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)

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)

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)

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)

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)