Could neuroimaging evidence help us to assess the degree of a person’s responsibility for a crime which we know that they committed? This essay defends an affirmative answer to this question. A range of standard objections to this high-tech approach to assessing people’s responsibility is considered and then set aside, but I also bring to light and then reject a novel objection—an objection which is only encountered when functional (rather than structural) neuroimaging is used to assess people’s responsibility.

The relevance of personal history to questions of moral responsibility is a challenging topic all around, but especially for those who deny that deterministic histories preclude morally responsible...

John Martin Fischer and Mark Ravizza (1998) advance an innovative form of compatibilism between free will and determinism. They characterize the relevant freedom as the control condition necessary...

In this article I review the core elements of Carolina Sartorio’s actual causal sequence account of free will and moral responsibility, and propose two revisions. First, I suggest replacing the contested notion of absence causation by the relatively uncontroversial notion of causal explanation by absences. Second, I propose retaining explanation by unreduced dispositions, of which Sartorio appears to be wary. I then set out a response to her critical treatment of manipulation arguments against compatibilism. Lastly, I point out that Sartorio’s (...) reasons-sensitivity condition on moral responsibility is amenable to a conception of moral responsibility that, unlike the one she endorses, dispenses with basic desert. (shrink)

We argue that philosophy has an important role to play in bridging certain social practices with certain scientific advancements. Specifically, we describe such a role by focusing on the issue of how and whether neuropsychological data concerning psychopathic offenders reflect on their criminal culpability. We offer some methodological requirements for this type of philosophical application. In addition, we show how it might help in addressing the problem of determining the criminal responsibility of psychopathic offenders.

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)

In this paper, I try to show that externalist compatibilism in the debate on personal autonomy and manipulated freedom is as yet untenable. I will argue that Alfred R. Mele’s paradigmatic, history-sensitive externalism about psychological autonomy in general and autonomous deliberation in particular faces an insurmountable problem: it cannot satisfy the crucial condition of adequacy “H” for externalist theories that I formulate in the text. Specifically, I will argue that, contrary to first appearances, externalist compatibilism does not resolve the CNC (...) manipulation problem. After briefly reflecting on the present status of responses to the manipulation problem in the debate between compatibilists and incompatibilists of various stripes, I will draw the over-all pessimistic conclusion that no party deals with this problem satisfactorily. (shrink)

One of the reasons why moral enhancement may be controversial, is because the advantages of moral enhancement may fall upon society rather than on those who are enhanced. If directed at individuals with certain counter-moral traits it may have direct societal benefits by lowering immoral behavior and increasing public safety, but it is not directly clear if this also benefits the individual in question. In this paper, we will discuss what we consider to be moral enhancement, how different means may (...) be used to achieve it and whether the means we employ to reach moral enhancement matter morally. Are certain means to achieve moral enhancement wrong in themselves? Are certain means to achieve moral enhancement better than others, and if so, why? More specifically, we will investigate whether the difference between direct and indirect moral enhancement matters morally. Is it the case that indirect means are morally preferable to direct means of moral enhancement and can we indeed pinpoint relevant intrinsic, moral differences between both? We argue that the distinction between direct and indirect means is indeed morally relevant, but only insofar as it tracks an underlying distinction between active and passive interventions. Although passive interventions can be ethical provided specific safeguards are put in place, these interventions exhibit a greater potential to compromise autonomy and disrupt identity. (shrink)

Is moral responsibility essentially historical? Consider two agents qualitatively identical with respect to all of their nonhistorical properties just prior to the act of A-ing. Is it possible that, due only to differences in their respective histories, when each A-s only one A-s freely and is morally responsible for doing so? Nonhistorical theorists say “no.” Historical theorists say “yes.” Elsewhere, I have argued on behalf of philosophers like Harry G. Frankfurt that nonhistorical theorists can resist the historical theorists’ case against (...) them, and that, therefore, a nonhistorical thesis remains a live option. Nevertheless, I have remained officially agnostic in this debate, as I acknowledge the pull of the competing considerations speaking on behalf of each view. In what follows, I turn from defending the nonhistorical position to fashioning a new historical theory, a relatively modest one that captures what is especially gripping about the kinds of examples that seem to commend an historical conclusion. (shrink)

Harry Frankfurt dramatically shaped the debates over freedom and responsibility by arguing that the sort of freedom germane to responsibility does not involve the freedom to do otherwise. His argument turns upon an example meant to disprove the Principle of Alternative Possibilities: A person is morally responsible for what she has done only if she could have done otherwise. Debate over Frankfurt's argument has turned almost exclusively on the success of the example meant to defeat it. But there is more (...) to Frankfurt's argument than the example in question, and this is not widely recognized. Inattention to these other aspects of Frankfurt's argument has distorted the force of it. In this paper I shall explore avenues for both refuting and advancing Frankfurt's argument that look beyond the examples. These further considerations invite us to think in broader terms about moral responsibility's nature and the sort of freedom required for it. (shrink)

The way in which we characterize the structural and functional differences between psychopath and normal brains – either as biological disorders or as mere biological differences – can influence our judgments about psychopaths’ responsibility for criminal misconduct. However, Marga Reimer (Neuroethics 1(2):14, 2008) points out that whether our characterization of these differences should be allowed to affect our judgments in this manner “is a difficult and important question that really needs to be addressed before policies regarding responsibility... can be implemented (...) with any confidence”. This paper is an attempt to address Reimer’s difficult and important question; I argue that irrespective of which of these two characterizations is chosen, our judgments about psychopaths’ responsibility should not be affected, because responsibility hinges not on whether a particular difference is (referred to as) a disorder or not, but on how that difference affects the mental capacities required for moral agency. (shrink)

Social constructionist explanations of human thought and behavior hold that our representations produce and regulate the categories, thoughts, and behaviors of those they represent. Performative versions of constructionist accounts explain these thoughts and behaviors as part of an intentional, strategic performance that is elicited and regulated by our representations of ourselves. This paper has four aims. First, I sketch a causal model of performative social constructionist claims. Second, I articulate a puzzling feature of performative claims that makes them seem especially (...) implausible: the puzzle of intention and ignorance. Like other constructionists, performative constructionists are especially interested in explaining thoughts and behaviors that are widely but mistakenly believed to be the unintentional consequences of membership in a natural kind. But why doesn’t the intentional performance of a category undermine this ignorance? My third aim is to resolve this puzzle. I suggest that a plausible understanding can be found in the failure to locate one’s mental states in a causal explanation of one’s thoughts and actions. Finally, I argue that this model implies that the sorts of theories we offer of particular behaviors can create or destroy agency and responsibility with regard to those behaviors. (shrink)

In this article I develop several responses to my co-authors of Four Views on Free Will. In reply to Manuel Vargas, I suggest a way to clarify his claim that our concepts of free will and moral responsibility should be revised, and I question whether he really proposes to revise the notion of basic desert at stake in the debate. In response to Robert Kane, I examine the role the rejection of Frankfurt-style arguments has in his position, and whether his (...) criticism of my version of this argument is sound. In reply to John Fischer, I argue that the reasons-responsiveness central to his account of moral responsibility is not best characterized counterfactually, and I provide a suggestion for revision. (shrink)