Alfred Mele’s zygote argument is widely considered to be the strongest version of the manipulation argument against compatibilism (about free will and determinism). Opponents have focused largely on the first of its two premises and on the overall dialectic. My focus here will be on the underlying thought experiment—the Diana scenario—and on the second premise of the argument. I will argue that reflection on the Diana scenario shows that the second premise does not hold, and we will see that my (...) objection to the second premise helps to defend the claim that manipulation arguments face, in general, a dilemma. (shrink)

Basic desert is central to the dispute between compatibilists and incompatibilists over the four-case manipulation argument. I argue that there are two distinct ways of understanding the desert salient to moral responsibility; moral desert can be understood as a claim about fitting responses to an agent or as a claim about the merit of the agent. Failing to recognize this distinction has contributed to a stalemate between both sides. I suggest that recognizing these distinct approaches to moral desert will help (...) clarify a central source of disagreement between compatibilists and incompatibilists and assist both sides in resolving the current stalemate. (shrink)

This paper is based on the comments I gave to Alfred Mele regarding his original Zygote Argument during my presentation at a small workshop on manipulation arguments in Budapest back in 2012. After those comments, Mele changed the conclusion of his original Zygote Argument (OZA) from a positive, explanatory conclusion to a negative, non-explanatory conclusion--and, correspondingly, redefined 'incompatibilism' so that it would no longer refer in his work to the view that determinism precludes (undermines, eliminates, destroys, etc.) free will, but (...) refers narrowly to the perhaps spurious association claim that appears in the conclusion of the revised Zygote Argument (Mele 2013+). Yet, over the last decade, Mele has made no comment in print about the changes he made, the invalidity objection that led to them, nor to the fact that his revised Zygote Argument was originally presented by me as a (non-optimal) reaction to my invalidity objection to his original Zygote Argument. To my knowledge, Mele has only mentioned this 2015 paper once, at it was not in the context of understanding manipulation arguments; it was, rather, in the context of defending his revised, non-explanatory definition of 'incompatibilism' at the opening of Aspects of Agency (p. 6, n. 4). There, Mele singles out *just this 2015 paper* as a place where they'll find what Mele degrades as a type of nonstandard/nontraditional definition of 'incompatibilism' that he rejects. This is notable because Mele provides no empirical evidence that his preferred definition is standard, and most (including Lehrer, who coined the term) reject the negative, non-explanatory, association-based definition that Mele came to endorse in the aftermath of my invalidity objection to OZA. So, if Mele had a genuine concern about philosophers who use the term 'incompatibilism', then Mele could have--and should have--named almost any leading figure in free will for this purpose (since most--including Pereboom, Vihvelin, Haji, etc.) reject the non-explanatory definition that Mele-2013+ now endorses. Yet, for untold reasons, Mele isolated the working definition of 'incompatibilism' used in one paper by one unemployed junior researcher to use as his example--even though Neil Levy had used this same definition in previously published work (eg. Levy 2011). Moreover, if Mele were genuinely interested in helping his readers understand the ambiguity of terms like 'compatibilism' and 'incompatibilism' it is a mystery that he referenced a paper in which nothing of substance hung on the definitions given to these terms -- especially considering that he might have instead pointed them to my OTHER 2015 paper, "A Critique of Vihvelin's Three-Fold Classification" in which the MAIN AIM of the paper is to expose the difficulties facing anyone who wants to define the terms 'compatibilism' and 'incompatibilism' in a way that everyone will accept (including a critique of the negative, non-explanatory "incompossibilist" definition that Mele adopted after my objection to OZA). By all appearances, Mele's main aim in citing specifically THIS paper and none of my other work was to give readers the false impression that my working definition of 'incompatibilism' played some role in my charge that his argument is invalid (which it doesn't, given that the term doesn't appear in either the premises or conclusion of that argument). Mele adds to this unseemly rhetorical campaign in his book *Manipulation Agents* where he mentions an invalidity objection in the intro (p. 84) and then discusses that objection in the final lines of Chapter 5 of the book (p. 120-121). The invalidity objection discussed here is completely pedantic, has never been seriously raised in the primary literature (and was previously addressed in multiple places my multiple philosophers, including me), and has nothing whatever to do with my invalidity objection. In other words, Mele was content to discuss an invalidity objection that no one has ever had to an argument that is clearly valid while completely ignoring the ONLY substantive invalidity objection to his argument in print. This is unfortunate, because it has led to serious confusion --including the patently false description of my invalidity objection to OZA as an objection to the revised version of the Zygote Argument that Mele adopted in *response* my objection (e.g., Capes mistakenly claims "Mickelson (2015) contends that arguments like this [i.e. like the revised Zygote Argument] are invalid. But that’s because she defines “incompatibilism” differently than I’ve defined it here" in his "Manipulation Arguments and Direct Arguments" chapter in the 2023 Wiley-Blackwell Companion to Free Will; I did not say this, and the definition of 'incompatibilism' is irrelevant to my objection). In "The Zygote Argument Is Invalid--Now What?", I simply use the invalidity of the simple 2-premise Zygote Argument as a foil to make a series of more philosophically significant points (e.g. regarding the dialectical structure of the free-will debate, the role of best-explanation reasoning, and to develop the first-ever "master manipulation argument"). Mele has yet to address my reasons for calling attention to the non-trivial invalidity of his OZA or to any of my answers to the "Now What?" question in this paper, even though this question and my proposed answers to this question are the paper's main point. For those interested in a more recent discussion of how the logical and metaphilosophical observations made in this "Now What?" paper have helped to move the free-will debate forward, I suggest looking at the discussions of the "paradigm shift" in the free-will debate that helps to explain why the free-will debate has become mired in stalemates and empty verbal disputes that are found, for example, in my contributions to the Wiley-Blackwell Companion to Free Will (Intro and Chapter 4, 2023) and my paper "Free Will, Self-Creation, and the Paradox of Moral Luck" (2019). (shrink)

Manipulation arguments for incompatibilism all build upon some example or other in which an agent is covertly manipulated into acquiring a psychic structure on the basis of which she performs an action. The featured agent, it is alleged, is manipulated into satisfying conditions compatibilists would take to be sufficient for acting freely. Such an example used in the context of an argument for incompatibilism is meant to elicit the intuition that, due to the pervasiveness of the manipulation, the agent does (...) not act freely and is not morally responsible for what she does. It is then claimed that any agent's coming to be in the same psychic state through a deterministic process is no different in any relevant respect from the pertinent manner of manipulation. Hence, it is concluded that compatibilists' proposed sufficient conditions for free will and moral responsibility are inadequate, and that free will and moral responsibility are incompatible with determinism. One way for compatibilists to resist certain manipulation arguments is by appealing to historical requirements that, they contend, relevant manipulated agents lack. While a growing number of compatibilists advance an historical thesis, in this paper, I redouble my efforts to show, in defense of nonhistorical compatibilists like Harry Frankfurt, that there is still life left in a nonhistorical view. The historical compatibilists, I contend, have fallen shy of discrediting their nonhistorical compatibilist rivals. (shrink)

Many philosophers believe that agents are self-ruled only when ruled by their (authentic) selves. Though this view is rarely argued for explicitly, one tempting line of thought suggests that self-rule is just obviously equivalent to rule by the self . However, the plausibility of this thought evaporates upon close examination of the logic of ‘self-rule’ and similar reflexives. Moreover, attempts to rescue the account by recasting it in negative terms are unpromising. In light of these problems, this paper instead proposes (...) that agents are self-ruled only when not ruled by others. One reason for favouring this negative social view is its ability to yield plausible conclusions concerning various manipulation cases that are notoriously problematic for nonsocial accounts of self-rule. A second reason is that the account conforms with ordinary usage. It is concluded that self-rule may be best thought of as an essentially social concept. (shrink)

Typical incompatibilists about moral responsibility and determinism contend that being basically morally responsible for a decision one makes requires that, if that decision has proximal causes, it is not deterministically caused by them. This article develops a problem for this contention that resembles what is sometimes called the problem of present (or cross-world) luck. However, the problem makes no reference to luck nor to contrastive explanation. This article also develops a solution.

Alfred Mele’s zygote argument for incompatibilism is based on a case involving an agent in a deterministic world whose entire life is planned by someone else. Mele’s contention is that Ernie (the agent) is unfree and that normal determined agents are relevantly similar to him with regards to free will. In this paper, I examine four different ways of understanding this argument and then criticize each interpretation. I then extend my criticism to manipulation arguments in general. I conclude that the (...) zygote argument is no threat to compatibilism. (shrink)

In an earlier paper, I argued for an account of the metaphysics of grace which was libertarian in nature but also non-Pelagian. My goal in the present paper is to broaden my focus on how the human and divine wills relate in graced activities. While there is widespread agreement in Christian theology that the two do interact in an important way, what’s less clear is how the wills of two agents can be united in one of them performing a particular (...) action via a kind of joint or unitive willing. Insofar as the goal in these unitive willings is to have the human will and the divine will operating together in the human bringing about a particular action, I refer to this kind of volition as ”cooperative agency’. I explore two different models -- an identificationist model and an incarnation model -- regarding how the human agent is aligned with God in cooperative agency. I then argue that there are significant reasons for preferring the incarnational model over the identificationist model. (shrink)

Determinism is a claim about the laws of nature: very roughly, it is the claim that everything that happens is determined by antecedent conditions together with the natural laws. Incompatibilism is a philosophical thesis about the relevance of determinism to free will: that the truth of determinism rules out the existence of free will. The incompatibilist believes that if determinism turned out to be true, it would also be true that we don't have, and have never had, free will. The (...) compatibilist denies that determinism has the consequences the incompatibilist thinks it has. According to the compatibilist, the truth of determinism does not preclude the existence of free will. (Even if we learned tomorrow that determinism is true, it might still be true that we have free will.) The philosophical problem of free will and determinism is the problem of understanding, how, if at all, the truth of determinism might be compatible with the truth of our belief that we have free will. That is, it's the problem of deciding who is right: the compatibilist or the incompatibilist. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

I outline a heretofore neglected difference between manipulation scenarios and merely deterministic ones. Plausible scientific determinism does not imply that the relevant prior history of the universe is independent of us, while manipulation does. Owing to sensitive dependence of physical outcomes upon initial conditions, in order to trace a deterministic history, a microphysical level of analysis is required. But on this level physical laws are time-symmetrically deterministic, and causality, conceived asymmetrically, disappears. I then consider a revised scenario to resurrect the (...) threat of manipulation even in the presence of time-symmetry and sensitive dependence upon initial conditions. To do so we posit a Designer-manipulator containing all the information of the manipulated and time-symmetrically related to him. The new scenario violates special relativity, but even waiving that objection, the scenario cannot meet its requirements. I argue that the Designer lacks agency enough to manipulate the target, both because her information lacks the robustness required to constitute knowledge of what she does, and because it leaves no room for desires for specific results. (shrink)

This paper argues that “free will” is vague. The argument has two steps. First, I argue that free will is a matter of degrees and, second, that there are no sharp boundaries separating free decisions and actions and non‐free ones. After presenting the argument, I focus on one significant consequence of the thesis, although others are mentioned along the way. In short, considerations of vagueness help understand the logic behind so‐called manipulation arguments, but also show why these arguments are ultimately (...) flawed. (shrink)

I outline a heretofore neglected difference between manipulation scenarios and merely deterministic ones. Plausible scientific determinism does not imply that the relevant prior history of the universe is independent of us, while manipulation does. Owing to sensitive dependence of physical outcomes upon initial conditions, in order to trace a deterministic history, a microphysical level of analysis is required. But on this level physical laws are time-symmetrically deterministic, and causality, conceived asymmetrically, disappears. I then consider a revised scenario to resurrect the (...) threat of manipulation even in the presence of time-symmetry and sensitive dependence upon initial conditions. To do so we posit a manipulator containing all the information of the manipulated and time-symmetrically related to him. The new scenario violates special relativity, but even waiving that objection, the scenario faces a dilemma. I argue that the manipulator either lacks agency enough to manipulate the target, or can integrate thoughts separated by long time spans into a single decision. In the latter case, the 'manipulated agent' disappears into the manipulator, making it the story of just one agent. (shrink)

A common style of argument in the literature on free will and moral responsibility is the Manipulation Argument. These tend to begin with a case of an agent in a deterministic universe who is manipulated, say, via brain surgery, into performing some action. Intuitively, this agent is not responsible for that action. Yet, since there is no relevant difference, with respect to whether an agent is responsible, between the manipulated agent and a typical agent in a deterministic universe, responsibility is (...) not compatible with the truth of determinism. In response, some theorists have argued that there is a relevant difference, and have developed two sorts of accounts of that difference: bypassing views, and manipulator-focused views. Manipulator-focused views suggest that the difference concerns the presence of a manipulator, whereas bypassing views suggest that the relevant difference concerns the fact that the action issues from attitudes that the manipulated agent acquired in a way that bypassed her capacities for control over her mental life. One sort of case used to decide between these sorts of accounts is a case of machine induction, which is just like a manipulation case, yet the change in the agent is the result of some natural force. Against the received view, Xiaofei Liu argues that such cases pose problems for bypassing views, and favor manipulator-focused views instead. This paper addresses Liu’s arguments, as well as a variety of cases, concluding that cases of machine induction do not provide motivation for a bypassing theorist to adopt a manipulator-focused view. (shrink)

Very plausibly, there is something important missing in our lives if we are thoroughly ignorant or misled about reality – even if, as in a kind of Truman Show scenario, intervention or fantastic luck prevents unhappiness and practical failure. But why? I argue that perfectionism about well-being offers the most promising explanation. My version says, roughly, that we flourish when we exercise our self-defining capacities successfully according to their constitutive standards. One of these self-defining capacities, or capacities whose exercise reveals (...) who we are, is Reason, our capacity for normative self-governance. I argue that in its practical use, Reason formally aims at competently realizing self-chosen valuable ends that are in harmony with each other, or valuable achievements. In its theoretical use, it formally aims at competently grasping fundamental enough subject matters, or a kind of understanding. Because success by reason’s own standards requires many things to go right, there are many different ways in which we can fall short. Some of them amount to partial success. But some, like incompetent inquiry that fails to yield understanding of its target, or taking inefficient means to a worthless end, are robust failures that amount to epistemic or agential unflourishing, and thus to a form of ill-being. (shrink)

This paper assesses two accounts of what it means to have a moral responsibility. According to the desert account, moral responsibility amounts to deserving credit or blame for doing or failing to do things. According to an alternative theory, the demand account, moral responsibility amounts to being subject to a moral requirement, such as an obligation or duty. On this account, moral responsibility identifies the presence of a moral demand that may or may not be accompanied by desert. Experiments are (...) conducted to test these accounts in ordinary moral judgment. Results indicate that moral judgment has both a demand and a desert function, that responsibility can pattern with the demand function, and that responsibilities are attributed without blame, criticism, or punishment when several determinants of moral judgment, such as conscious awareness, intention, belief, and neurodeterminism are manipulated. Results also suggest that having a responsibility is distinguished from being responsible for something, that the latter can pattern with the desert function, and that paradoxically, one can have a responsibility that one is not responsible for. These findings advance our understanding of moral responsibility, the processes underlying moral judgment in moral psychology, and conceptual clarity in moral philosophy. (shrink)

NOTE TO READERS: My current research program is firmly grounded in the technical aspects of this dissertation. That said, my views have evolved significantly since writing it, e.g. I've flipped my views on the best working definition of 'determinism', and I no longer defend the viability of incompatibilist-impossibilism (I still grant the superficial logical consistency of the two views, but now contend that there is no way to defend one without rejecting the other). I have also given up on the (...) general project of rehabilitating the terms 'compatibilism' and 'incompatibilism', as I now see them as unhelpful hangovers from a degenerated research program. (shrink)

Manipulation arguments that start from the intuition that manipulated agents are neither free nor morally responsible then conclude to that free will and moral responsibility are incompatible with determinism. The Zygote argument is a special case of Manipulation argument in which the manipulation intervenes at the very conception of the agent. In this paper, I argue that the Zygote argument fails because (i) very few people share the basic intuitions the argument rests on, and (ii) even those who share this (...) intuition do so for reasons that are unrelated to determinism. Rather, I argue that intuitions about the Zygote argument (and Manipulation arguments in general) are driven by people's intuitions about the deep self, as shown by the fact that intuitions about manipulated agents depend on the moral value of the agent's behavior. (shrink)

The aims of this paper are to: (1) identify the best framework for comprehending multidimensional impact of deep brain stimulation on the self; (2) identify weaknesses of this framework; (3) propose refinements to it; (4) in pursuing (3), show why and how this framework should be extended with additional moral aspects and demonstrate their interrelations; (5) define how moral aspects relate to the framework; (6) show the potential consequences of including moral aspects on evaluating DBS’s impact on patients’ selves. Regarding (...) (1), I argue that the pattern theory of self can be regarded as such a framework. In realizing (2) and (3), I indicate that most relevant issues concerning PTS that require resolutions are ontological issues, including the persistence question, the “specificity problem”, and finding lacking relevant aspects of the self. In realizing (4), I identify aspects of the self not included in PTS which are desperately needed to investigate the full range of potentially relevant DBS-induced changes—authenticity, autonomy, and responsibility, and conclude that how we define authenticity will have implications for our concept of autonomy, which in turn will determine how we think about responsibility. Concerning (5), I discuss a complex relation between moral aspects and PTS—on one hand, they serve as the lens through which a particular self-pattern can be evaluated; on the other, they are, themselves, products of dynamical interactions of various self-aspects. Finally, I discuss (6), demonstrating novel way of understanding the effects of DBS on patients’ selves. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

In recent decades, there has been growing interest among philosophers in what the various Buddhist traditions have said, can say, and should say, in response to the traditional problem of free will. This article investigates the relationship between Buddhist philosophy and the historical problem of free will. It begins by critically examining Rick Repetti's Buddhism, Meditation, and Free Will (2019), in which he argues for a conception of “agentless agency” and defends a view he calls “Buddhist soft compatibilism.” It then (...) turns to a more wide‐ranging discussion of Buddhism and free will—one that foregrounds Buddhist ethics and takes seriously what the various Buddhist traditions have said about desert, punishment, and the reactive attitudes of resentment, indignation, and moral anger. The article aims to show that, not only is Buddhism best conceived as endorsing a kind of free will skepticism, Buddhist ethics can provide a helpful guide to living without basic desert moral responsibility and free will. (shrink)

Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that they (...) improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

In the theoretical literature on moral responsibility, one sometimes comes across cases of manipulated agents. In cases of this type, the agent is a victim of wholesale manipulation, involving the implantation of various pro-attitudes (desires, values, etc.) along with the deletion of competing pro-attitudes. As a result of this manipulation, the agent ends up performing some action unlike any that she would have performed were it not for the manipulation. These sorts of cases are sometimes thought to motivate historical views (...) of responsibility, on which the agent’s past is relevant to whether she is responsible for a specific action. In a recent paper, Daniel Sharp and David Wasserman bring these theoretical discussions on moral responsibility to bear on practical issues regarding neurological modifications of individuals. After proposing and arguing for a historical view, Sharp and Wasserman offer some insight into how such a view may help us in determining the responsibility of subjects who have undergone Deep Brain Stimulation. This paper aims to join this discussion, by arguing that the correct historical view to be applied will also appeal to the agent’s control over her mental life and the fact that this was bypassed. I conclude with some brief comments on the practical implications of such a historical view. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

Most seem to presume that what is threatening about manipulation arguments is the ‘no difference’ premise – that is, the claim that there are no responsibility-relevant differences between a manipulated agent and her merely causally determined counterpart. This presumption underlies three recent replies to manipulation arguments from Kearns (2012), King (2013), and Schlosser (2015). But these replies fail to appreciate the true threat from manipulation arguments – namely, the manipulation cases that are allegedly counterexamples to the leading compatibilist conditions on (...) moral responsibility. This paper argues that if there is a counterexample to all the leading compatibilist conditions on moral responsibility then this is sufficient to undermine compatibilism. (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)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

This article’s guiding question is about bullet biting: When should compatibilists about moral responsibility bite the bullet in responding to stories used in arguments for incompatibilism about moral responsibility? Featured stories are vignettes in which agents’ systems of values are radically reversed by means of brainwashing and the story behind the zygote argument. The malady known as “intuition deficit disorder” is also discussed.

According to what I will call mitigating soft compatibilism, although the truth of determinism is consistent with free action and moral responsibility, determinism nevertheless mitigates praiseworthiness and blameworthiness. In this paper, I take a closer look at this novel brand of compatibilism. My principal aim in doing so is to further explicate the view and to explore ways in which it can be deployed in defense of the more general compatibilist thesis. I also discuss one of the most pressing challenges (...) facing a compatibilist view of this sort, and I offer some suggestions as to how proponents of the view might attempt to address that challenge. (shrink)

This is the introduction to a volume of new essays in the metaphysics of moral responsibility by John Martin Fischer, Carl Ginet, Ishtiyaque Haji, Alfred R. Mele, Derk Pereboom, Paul Russell, and Peter van Inwagen. I provide some background for the essays, cover the main debates in the metaphysics of moral responsibility, and emphasize some of the authors' contributions to this area of philosophy.

Agents have no control over the formation of their own zygote. Others may do. According to a well-known argument, the so-called Zygote Argument for incompatibilism, these facts, together with a prima facie plausible further assumption, are sufficient to prove that human agents cannot be responsible for their actions if they live in a deterministic universe. This paper argues that the lack of agents’ control over the constitution of their own zygote can undermine their responsibility only in exceptional conditions and that (...) the occurrence or non-occurrence of those conditions has nothing to do with the truth or falsity of determinism. What undermines agents’ responsibility in the situations described by the Zygote Argument is the occurrence of some specific initial conditions which may render the manipulation of agents’ behaviour possible, and not the truth of determinism. (shrink)

Manipulation cases have figured prominently in philosophical debates about whether moral responsibility is in some sense deeply historical. Meanwhile, some philosophers have thought that folk thinking about manipulated agents may shed some light on the various argumentative burdens facing participants in that debate. This paper argues that folk thinking is, to some extent, historical. Across three experiments, a substantial number of participants did not attribute moral responsibility to agents with manipulation in their histories. The results of these experiments challenge previous (...) research indicating that folk thinking is not historicist. Furthermore, perceptions of reduced free will, but not of a change in personal identity of the agent, account for the attenuation of moral responsibility when the agent was manipulated. To the extent that folk thinking is relevant to philosophical debates about the nature of moral responsibility, the results helpfully illuminate the dialectical burdens facing competing conceptions of responsible agency. (shrink)

Manipulation arguments aim to show that compatibilism is false. Usually, they aim to undermine compatibilism by first eliciting the intuition that a manipulated agent is not morally responsible. Patrick Todd's (2012) Moral Standing Manipulation Argument instead aims to first elicit the intuition that a manipulator cannot blame her victim. Todd then argues that the best explanation for why a manipulator cannot blame her victim is that incompatibilism is true. In this paper, I present three lines of defence against this argument (...) for those who agree a manipulator cannot blame her victim. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

Some proponents of compatibilist moral responsibility have proposed an historical theory which requires that agents deploy character control in order to be morally responsible. An important type of argument for the character control condition is the manipulation argument, such as Mele’s example of Beth and Chuck. In this paper I show that Beth can be exonerated on various conditions other than her failure to execute character control—I propose a new character, Patty, who meets these conditions and is, I argue, morally (...) responsible for her actions despite lacking character control. Thus the character control condition is unmotivated. I suggest there may be an alternative basis for an historical theory of moral responsibility nonetheless. (shrink)

Some compatibilists have responded to the manipulation argument for incompatibilism by proposing an historical theory of moral responsibility which, according to one version, requires that agents be morally responsible for having their pro-attitudes if they are to be morally responsible for acting on them. This proposal, however, leads obviously to an infinite regress problem. I consider a proposal by Haji and Cuypers that addresses this problem and argue that it is unsatisfactory. I then go on to propose a new solution (...) inspired by the libertarian theory of Robert Kane. (shrink)

I defend a hard-line reply to Derk Pereboom’s four-case manipulation argument. Pereboom accuses compatibilists who take a hard-line reply to his manipulation argument of adopting inappropriate initial attitudes towards the cases central to his argument. If Pereboom is correct he has shown that a hard-line response is inadequate. Fortunately for the compatibilist, Pereboom’s list of appropriate initial attitudes is incomplete and at least one of the initial attitudes he leaves out provides room for a revised hard-line reply to be successfully (...) mounted against the multiple-case argument. (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)

Compatibilists about determinism and moral responsibility disagree with one another about the bearing of agents’ histories on whether or not they are morally responsible for some of their actions. Some stories about manipulated agents prompt such disagreements. In this article, I call attention to some of the main features of my own “history-sensitive” compatibilist proposal about moral responsibility, and I argue that arguments advanced by Michael McKenna and Manuel Vargas leave that proposal unscathed.

Think of the last thing someone did to you to seriously harm or offend you. And now imagine, so far as you can, becoming fully aware of the fact that his or her action was the causally inevitable result of a plan set into motion before he or she was ever even born, a plan that had no chance of failing. Should you continue to regard him or her as being morally responsible—blameworthy, in this case—for what he or she did? (...) Many have thought that, intuitively, you should not. Recently, Alfred Mele has employed this line of thought to mount what many have taken to be a powerful argument for incompatibilism: the “Zygote Argument”. However, in interesting new papers, John Martin Fischer and Stephen Kearns have each independently argued that the Zygote Argument fails. As I see it, the criticisms of Fischer and Kearns reveal some important questions about how the argument is meant to be—or how it would best be—understood. Once we make a slight (but important) modification to the argument, however, I think we will be able to see that the criticisms of Fischer and Kearns do not detract from its substantial force. (shrink)

In recent years, bariatric surgery has become an increasingly popular treatment of obesity. The amount of resources spent on this kind of surgery has led to a heated debate among health care professionals and the general public, as each procedure costs at minimum $14,500 and thousands of patients undergo surgery every year. So far, no substantial argument for or against giving this treatment a high priority has, however, been presented. In this article, I argue that regardless which moral perspective we (...) consider—greatest need, utility or personal responsibility—the conclusion is that we should give bariatric surgery a high priority when allocating scarce resources in health care. (shrink)

This article identifies and assesses a way of thinking that might help to explain why some compatibilists are attracted to what is variously called an internalist, structuralist, or anti-historicist view of moral responsibility—a view about the bearing of agents’ histories on their moral responsibility. Scenarios of two different kinds are considered. Several scenarios feature heavy-duty manipulation that radically changes an agent’s mature moral personality from admirable to despicable or vice versa. These “radical reversal” scenarios are contrasted with a scenario featuring (...) “original design”: a supernatural designer determines exactly how an agent’s life will go before the agent comes into existence. It is explained why scenarios of these two different kinds generate very different challenges to compatibilism. Partly in light of that explanation, it is argued that the way of thinking at issue is misguided. (shrink)

Patrick Todd has recently fashioned a novel argument for incompatibilism, the Moral-Standing Zygote Argument. Todd considers much-discussed cases in which a manipulator causes an agent in a deterministic scenario to act morally wrongly from compatibilist-friendly conditions for freedom and moral responsibility. The manipulator, Todd contends, does not have the standing to blame the manipulated agent, and the best explanation for this is that incompatibilism is true. This is why the manipulated agent is not blameworthy. In this paper, I counter Todd (...) on behalf of the compatibilist, arguing that the best explanation for the manipulator's lack of moral standing to blame is due to the manipulator's intending to cause the manipulated agent to do wrong. (shrink)

This article explores the significance of agents’ histories for directly free actions and actions for which agents are directly morally responsible. Candidates for relevant compatibilist historical constraints discussed by Michael McKenna and Alfred Mele are assessed, as is the bearing of manipulation on free action and moral responsibility.