Kant holds that the applicability of the moral ‘ought’ depends on a kind of agent-causal freedom that is incompatible with the deterministic structure of phenomenal nature. I argue that Kant understands this determinism to threaten not just morality but the very possibility of our status as rational beings. Rational beings exemplify “cognitive control” in all of their actions, including not just rational willing and the formation of doxastic attitudes, but also more basic cognitive acts such as judging, conceptualizing, and synthesizing.

There is an important contemporary debate in moral responsibility about whether the following asymmetry thesis is true: moral responsibility for actions does not require alternative possibilities but moral responsibility for omissions does. In this paper, we do two things. First, we consider and reject a recent argument against the asymmetry thesis, contending that the argument fails because it rests on a false view about the metaphysics of omissions. Second, we develop and defend a new argument against the asymmetry thesis, one (...) that avoids the problem with the first argument by not resting on any assumptions about what omissions are metaphysically. (shrink)

P.F. Strawson’s compatibilism has had considerable influence. However, as Watson has argued in “Responsibility and the Limits of Evil”, his view appears to have a disturbing consequence: extreme evil exempts an agent from moral responsibility. This is a reductio of the view. Moreover, in some cases our emotional reaction to an evildoer’s history clashes with our emotional expressions of blame. Anyone’s actions can be explained by his or her history, however, and thereby can conflict with our present blame. Additionally, we (...) too might have been evil if our history had been like the unlucky evildoer’s. Thus, our emotional responses to the evildoer compromise our standing to blame them. Since Strawson’s view demarcates moral responsibility by moral emotional responses, his view appears to be self-defeating. In this paper, I defend the Strawsonian view from the reductio and self-defeat problems. I argue that two emotions, disgust and elevation, can be moral reactive attitudes in Strawson’s sense. First, moral disgust expresses neither blame nor exemption from responsibility. Instead, moral disgust presupposes blameworthiness but is instead a distinct response to the extreme wrongdoer. Secondly, moral disgust involves self-directed attitudes that explain away our apparent lack of standing to blame the evil agent. The structure of disgust as a reactive attitude is mirrored along the positive dimension by the emotion that Haidt has called “elevation”, a feeling of moral inspiration. I conclude by defending my view from objections about the moral appropriateness of disgust. (shrink)

This paper provides a brief review of some of the central elements of Robert Kane’s event-causal libertarian theory of free will. It then goes on to consider four of the central criticisms Derk Pereboom has made of Kane’s view and it shows how each of these criticisms can be reasonably answered. These criticisms are the no further power/control objection, the disappearing agent/luck objection, the randomizing manipulator objection, and the problem of responsibility for efforts of will.

Contrary to what I have contended, Michael McKenna argues that basic desert does not have an essential role in the free will debate. On his alternative construal, what is central is whether our practice of holding morally responsible, and blaming in particular, can be justified, and what notion of free will is required for that justification. Notions distinct from basic desert can ground our practice, and so the free will debate is independent of basic desert. Here I argue that the (...) one best candidate for such a notion is basic fairness, but in the area of moral responsibility there is no substantial difference between basic desert and basic fairness. (shrink)

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have been (...) manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (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)

In this article, we will identify two issues that deserve greater attention from those researching lay people’s attitudes to moral responsibility and determinism. The first issue concerns whether people interpret the term “moral responsibility” in a retributive way and whether they are motivated to hold offenders responsible for pre-determined behaviour by considerations other than retributivism, e.g. the desires to condemn the action and to protect society. The second issue concerns whether explicitly rejecting moral responsibility and retributivism, after reading about determinism, (...) would have any impact on “implicit” retributivism when recommending a sentence for a hypothetical offender. We will report the results of an exploratory study that investigated these questions. Our preliminary findings raise the possibility that a significant proportion of participants either i) may not interpret “moral responsibility” in the basic, retributive sense of the term, which is at issue in the determinism debate, or ii) may be unconsciously motivated by non-retributive considerations to judge that the offender is morally responsible, in the basic, retributive sense. If this is confirmed by future research, a wider implication would be that theorists’ arguments against retributivism are more likely to affect public attitudes to punishment when non-retributive ways of achieving important punishment goals are emphasised. Our preliminary findings also suggested that explicit retributivism did not correlate with implicit retributivism. If this is confirmed in future research, it would imply that free will theorists who wish to affect public attitudes toward punishment should, when communicating their research to the public, give detailed consideration to the implications for sentencing. (shrink)

One way to frame the problem of moral luck is as a contradiction in our ordinary ideas about moral responsibility. In the case of two identical reckless drivers where one kills a pedestrian and the other does not, we tend to intuit that they are and are not equally blameworthy. The Character Response sorts these intuitions in part by providing an account of moral responsibility: the drivers must be equally blameworthy, because they have identical character traits and people are originally (...) praiseworthy and blameworthy in virtue of, and only in virtue of, their character traits. After explicating two versions of the Character Response, I argue that they both involve implausible accounts of moral responsibility and fail to provide a good solution to the problem of moral luck. I close by noting how proponents of moral luck can preserve a kernel of truth from the Character Response to explain away the intuition that the drivers are equally blameworthy. (shrink)

Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in the (...) attributability sense, it will be argued, is to feel shame and feeling shame is also to suffer. The different control conditions cannot be explained by a difference in the harm of blame. Instead, this paper argues that accountability and attributability are governed by different kinds of appropriateness: an agent S is accountability blameworthy for X only if S deserves to feel guilty; an agent S is attributability blameworthy for X only if it is fitting that S feels shame for X. (shrink)

Do we have free will? Understanding free will as the ability to act freely, and free actions as exercises of this ability, I maintain that the default answer to this question is “yes.” I maintain that free actions are a natural kind, by relying on the influential idea that kinds are homeostatic property clusters. The resulting position builds on the view that agents are a natural kind and yields an attractive alternative to recent revisionist accounts of free action. My view (...) also overcomes difficulties confronted by previous views according to which free actions might be a natural kind. On my view, free actions exist and we often act freely, as long as we possess various features that are related in the right sorts of ways to each other and to the world. In turn, we acquire and retain the concept as long as most of us possess enough of those features. (shrink)

In a recent essay, Deery and Nahmias :1255–1276, 2017) utilize interventionism about causation to develop an account of causal sourcehood in order to defend compatibilism about free will and moral responsibility from manipulation arguments. In this paper, we criticize Deery and Nahmias’s analysis of sourcehood by drawing a distinction between two forms of causal invariance that can come into conflict on their account. We conclude that any attempt to resolve this conflict will either result in counterintuitive attributions of moral responsibility (...) or will undermine their response to manipulation arguments. (shrink)

In this paper, we investigate how contemporary metaphysics of powers can further an understanding of agent-causal theories of free will. The recent upsurge of such ontologies of powers and the understanding of causation it affords promises to demystify the notion of an agent-causal power. However, as we argue pace, the very ubiquity of powers also poses a challenge to understanding in what sense exercises of an agent’s power to act could still be free—neither determined by external circumstances, nor random, but (...) self-determined. To overcome this challenge, we must understand what distinguishes the power to act from ordinary powers. We suggest this difference lies in its rational nature, and argue that existing agent-causal accounts fail to capture the sense in which the power to act is rational. A proper understanding, we argue, requires us to combine the recent idea that the power to act is a ‘two-way power’ Powers and capacities in philosophy: the new aristotelianism, Routledge, New York, 2013) with the idea that it is intrinsically rational. We sketch the outlines of an original account that promises to do this. On this picture, what distinguishes the power to act is its special generality—the power to act, unlike ordinary powers, does not come with any one typical manifestation. We argue that this special generality can be understood to be a feature of the capacity to reason. Thus, we argue, an account of agent-causation that can further our understanding of free will requires us to recognize a specifically rational or mental variety of power. (shrink)

When an employee’s off-duty conduct generates mass social media outrage, managers commonly respond by firing the employee. This, I argue, can be a mistake. The thesis I defend is the following: the fact that a firing would occur in a mass social media outrage context brought about by the employee’s off-duty conduct generates a strong ethical reason weighing against the act. In particular, it contributes to the firing constituting an inappropriate act of blame. Scholars who caution against firing an employee (...) for off-duty conduct have thus far focused primarily on due process related issues or legal concerns pertaining to free speech, lifestyle discrimination, and employment at-will. However, these concerns amount to only a partial, and contingent, diagnosis of what is at issue. I argue that even when due process considerations are met, firings in these contexts can be unjustified. Moreover, even if a business is not concerned with the unethical conduct per se, but is rather strictly concerned with PR, the argument I advance nevertheless provides one important ethical reason that counts against firings in mass social media outrage contexts. Given that managers are often under significant pressure to respond swiftly in cases where an employee is at the center of mass social media outrage, it is especially important that scholars begin to clarify the normative issues. This article builds on the burgeoning philosophical literature on the ethics of blame and provides a novel account of a distinctive ethical concern that arises with firings in mass social media outrage contexts. (shrink)

After having given in the "Essay" a definition of freedom which straightforwardly entails its compatibility with – among other things – God's foreknowledge, Locke surprisingly writes in a 1693 letter to Molyneux that he does not see how human liberty can coexist with divine prescience. I argue that the confession to Molyneux can be made consistent with the "Essay"'s definition by embracing the view that the problem Locke had in mind when he drafted it was not a problem concerning the (...) reality of human freedom but, rather, its value. (shrink)

This paper focuses on Gilberto Gomes’ work on free will. In a series of contributions that have had a significant impact on the respective literature, Gomes developed a conception about free will and argued that its existence is consistent with recent scientific findings, specially in neuroscience. In this paper, I object to a claim of Gomes about his conception of free will, namely the claim that it is a compatibilist conception. I seek to show that Gomes does not use the (...) term ‘compatibilism’ as it is usual in the contemporary literature on free will, i.e., as the thesis that free will can exist even if determinism is true. Moreover, the conception of free will Gomes proposes actually has an incompatibilist commitment. I argue that, more than a mere terminological point, acknowledging the incompatibilist aspect of Gomes’ view motivates important questions about the details of the view and helps to reveal a limitation of his defense of the existence of free will. [Este artigo tem como tema o trabalho de Gilberto Gomes sobre o livre-arbítrio. Em uma série de contribuições que tiveram um impacto significativo na respectiva literatura, Gomes elaborou uma concepção sobre o livre-arbítrio e argumentou que sua existência é consistente com descobertas científicas recentes, especialmente na neurociência. Neste artigo, questiono uma afirmação de Gomes sobre sua concepção sobre o livre-arbítrio, a saber, que se trata de uma concepção compatibilista. Busco mostrar que Gomes não usa o termo ‘compatibilismo’ como é habitual na literatura contemporânea sobre o livre-arbítrio, isto é, como a tese segundo a qual o livre-arbítrio pode existir ainda que o determinismo seja verdadeiro. Ademais, a concepção sobre o livre-arbítrio desenvolvida por Gomes tem, efetivamente, um compromisso incompatibilista. Argumento que, mais do que uma mera elucidação terminológica, reconhecer o elemento incompatibilista presente na proposta de Gomes suscita questões importantes sobre os detalhes da proposta e também ajuda a reconhecer uma limitação de sua defesa da existência do livre-arbítrio.]. (shrink)

The terms ‘compatibilism’ and ‘incompatibilism’ were introduced in the mid-20th century to name conflicting views about the logical relationship between the thesis of determinism and the thesis that someone has free will. These technical terms were originally introduced within a specific research paradigm, the classical analytic paradigm. This paradigm is now in its final stages of degeneration and few free-will theorists still work within it (i.e. using its methods, granting its substantive background assumptions, etc.). This chapter discusses how the ambiguity (...) of the terms ‘incompatibilism’ and ‘compatibilism’ took root as the classical analytic paradigm declined and why this matters to the contemporary debate. Among other things, I explain why the ambiguity of these anachronistic terms, though relatively innocuous when they were first introduced, is now encouraging theorists to tolerate and perpetuate serious philosophical errors (e.g. to conflate relations as different in kind and importance as correlation and causation, to promote uncontentiously invalid arguments, and to equivocate in ways that keep the free-will debate mired in pseudo-stalemates). I also suggest a new framework for anyone looking for relief from the confusion and deadlock created by quixotic attempts to redefine classical narratives and jargon so that they adequately describe the dialectical contours of the contemporary free-will debate. In addition, this new framework allows philosophers to start cross-pollinating work on free will and other problems, e.g. the paradox of moral luck. -/- A selection from the publication is available to download here. For full version, please gmail me, username: kristin.mickelson.42 -/- . (shrink)

In this dissertation, I argue for a new conception of the epistemic condition on moral responsibility.

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases raise problems (...) for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

In the third and final part of his A Theory of Determinism (TD) Ted Honderich addresses the fundamental question concerning “the consequences of determinism.” The critical question he aims to answer is what follows if determinism is true? This question is, of course, intimately bound up with the problem of free will and, in particular, with the question of whether or not the truth of determinism is compatible or incompatible with the sort of freedom required for moral responsibility. It is (...) Honderich’s aim to provide a solution to “the problem of the consequences of determinism” and a key element of this is his articulation and defence of an alternative response to the implications of determinism that collapses the familiar Compatibilist/Incompatibilist dichotomy. Honderich offers us a third way – the response of “Affirmation” (HFY 125-6). Although his account of Affirmation has application and relevance to issues and features beyond freedom and responsibility, my primary concern in this essay will be to examine Honderich’s theory of “Affirmation” as it concerns the free will problem. (shrink)

According to some, free will requires alternative possibilities. But not any old alternative possibility will do. Sometimes, being able to bring about an alternative does not bestow any control on an agent. In order to bestow control, and so be directly relevant qua alternative to grounding the agent's moral responsibility, alternatives need to be robust. Here, I investigate the nature of robust alternatives. I argue that Derk Pereboom's latest robustness criterion is too strong, and I suggest a different criterion based (...) on the idea that what agents need to be able to do is keep open the possibility of securing their blamelessness, rather than needing to directly ensure their own blamelessness at the time of decision. (shrink)

In this paper, I articulate an argument for incompatibilism about moral responsibility and determinism. My argument comes in the form of an extended story, modeled loosely on Peter van Inwagen’s “rollback argument” scenario. I thus call it “the replication argument.” As I aim to bring out, though the argument is inspired by so-called “manipulation” and “original design” arguments, the argument is not a version of either such argument—and plausibly has advantages over both. The result, I believe, is a more convincing (...) incompatibilist argument than those we have considered previously. (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)

[Note: articles 1-5 are in English; Intro, Discussion, and Conclusion are in Portuguese.] Responsibility practices that are part of our daily lives involve, among other things, standards about how one should praise, blame, or punish people for their actions, as well as particular acts that follow those standards to a greater or lesser extent. A classical question in philosophy asks whether human beings can actually be morally responsible for what they do. This dissertation argues that addressing this classical question is (...) insufficient if one wants the investigation of moral responsibility to serve the goal of improving ordinary responsibility practices. As an alternative, I offer directions for an interdisciplinary investigation that I take to be in a better position to promote that goal. My argument is developed in five articles and a discussion section. The first four articles describe limitations of skeptical views, which deny the existence of moral responsibility. The first article assesses a skeptical argument based on results from neuroscience that intends to show that there is no free will. I argue that a premise in the argument—which says that choices are determined by events in the brain—is not supported by the available results. The second article argues that, despite the fact that existent results do not show that choices are determined by brain events, further studies in neuroscience could in principle do that. The third article begins the discussion of limitations that concern the implementability of some of the changes in responsibility practices recommended in skeptical approaches. Specifically, I describe challenges that attempts to reduce the severity of legal punishment are likely to face due to psychological facts about belief in free will and desire to punish. The forth article presents results from an original experiment that sought to test a hypothesis about the workings of belief in free will and the desire to punish, namely the hypothesis that the desire to punish causally affects beliefs about free will. Results failed to support the hypothesis. Finally, the fifth article presents what I call the enhancement model, i.e., a proposal about how to structure an interdisciplinary investigation that can promote the enhancement of ordinary responsibility practices. The final discussion section shows how the enhancement model overcomes some of the limitations of recent discussions about the existence of moral responsibility, which includes not just the skeptical views considered in earlier articles, but also views that affirm the existence of moral responsibility and free will. The central claim of this dissertation, therefore, is that the investigation of moral responsibility can be rearranged so as to further the goal of improving ordinary responsibility practices. (shrink)

Conventional wisdom suggests that the power to do otherwise is necessary for being morally responsible. While much of the literature on alternative possibilities has focused on Frankfurt’s argument against this claim, I instead focus on one of Dennett’s (1984) arguments against it. This argument appeals to cases of volitional necessity rather than cases featuring counterfactual interveners. van Inwagen (1989) and Kane (1996) appeal to the notion of ‘character setting’ to argue that these cases do not show that the power to (...) do otherwise is unnecessary for moral responsibility. In this paper, I argue that their character setting response is unsuccessful. (shrink)

Moving beyond the retributive system requires clearing away some of the basic assumptions that form the foundation of that system: most importantly, the assumption of moral responsibility, which is held in place by deep and destructive belief in a just world. Efforts to justify moral responsibility typically appeal to some version of self-making, and that appeal is only plausible through limits on inquiry. Eliminating moral responsibility removes a major impediment to deeper inquiry and understanding of the biological, social, and environmental (...) causes of both vicious and virtuous behavior. The resources for moving beyond the moral responsibility are already being developed in social democratic corporatist cultures as well as in workplace management models that nurture commitment and reject blame and shame. Without moral responsibility we must face the unpleasant fact that although punishment is sometimes unavoidable it is always unjust. That unpleasant fact motivates difficult but beneficial changes that minimize both the extent and the severity of punitive measures. (shrink)

Flew strongly defends a compatibilist thesis in the free will debate before going on to totally object to theistic libertarianism. His objections basically rely on his compatibilism embracing the notion of agent causation, which is not very common in compatibilist theses. Since he is a strong proponent of ordinary language philosophy, he also holds that linguistic analyses can certainly solve the free will problem as well as many other problems of philosophy. In doing so, he first uses the paradigm cases (...) based on our common sense experience and then assumes the verity of principle of alternative possibilities. This study attempts to show, on the one hand, that there are some serious difficulties in both his justification of compatibilism and his objections to theistic libertarianism, and on the other hand, that he cannot easily defend both at the same time. (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)

This essay attempts to provide and defend what may be the first actual argument in support of P. F. Strawson's merely stated vision of a response-dependent theory of moral responsibility. It does so by way of an extended analogy with the funny. In part 1, it makes the easier and less controversial case for response-dependence about the funny. In part 2, it shows the tight analogy between anger and amusement in developing the harder and more controversial case for response-dependence about (...) a kind of blameworthiness. It then defends the view from three serious skeptical challenges. (shrink)

Spontaneous actions are preceded by brain signals that may sometimes be detected hundreds of milliseconds in advance of a subject's conscious intention to act. These signals have been claimed to reflect prior unconscious decisions, raising doubts about the causal role of conscious will. Murakami et al. (2014. Nat Neurosci 17: 1574–1582) have recently argued for a different interpretation. During a task in which rats spontaneously decided when to abort waiting, the authors recorded neurons in the secondary motor cortex. The neural (...) activity and relationship to action timing was parsimoniously explained using an integration-to-bound model, similar to those widely used to account for evidence-based decisions. In this model, the brain accumulates spontaneously occurring inputs voting for or against an action, but only commits to act once a certain threshold is crossed. The model explains how spontaneous decisions can be forecast (partially predicted) by neurons that reflect either the input or output of the integrator. It therefore presents an explicit hypothesis capable of rejecting the claim that such predictive signals imply unconscious decisions. We suggest that these results can inform the current debate on free will but must be considered with caution. (shrink)

There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects brain (...) development, how offenders often have pre-existing medical conditions (especially mental health issues), how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, how treatment and rehabilitation methods can best be employed to reduce recidivism and reintegrate offenders back into society, and how a public health approach could be successfully applied within the criminal justice system. Caruso's approach draws on research from the health sciences, social sciences, public policy, law, psychiatry, medical ethics, neuroscience, and philosophy, and he delivers a set of ethically defensible and practically workable proposals for implementing the public health-quarantine model. The essay begins by discussing recent empirical findings in psychology, neuroscience, and the social sciences that provide us with an increased understanding of the social and neurological determinants of health and criminal behavior. It then turns to Caruso's public health-quarantine model and argues that the model provides the most justified, humane, and effective approach for addressing criminal behavior. Caruso concludes by proposing a capability approach to social justice grounded in six key features of human well-being. He argues that we cannot successfully address concerns over public health and safety without simultaneously addressing issues of social justice—including the social determinants of health (SDH) and the social determinants of criminal behavior (SDCB)—and he recommends eight general policy proposals consistent with his model. (shrink)

According to deliberation compatibilism, rational deliberation is compatible with the belief that one’s actions are causally determined by factors beyond one’s control. This paper offers a counterexample to recent accounts of rational deliberation that entail deliberation compatibilism. The counterexample involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It is further argued that there is no relevant difference between the purported counterexample and ordinary doxastic circumstances in which a determinist deliberates.

Free will skepticism is the view that people never truly deserve to be praised, blamed, or punished for what they do. One challenge free will skeptics face is to explain how criminality could be dealt with given their skepticism. This paper critically examines the prospects of implementing legal changes concerning crime and punishment derived from the free will skeptical views developed by Derk Pereboom and Gregg Caruso. One central aspect of the changes their views require is a concern for reducing (...) the severity of current forms of punishment. The paper considers two strategies for pursuing such a reduction. By taking into account evidence from the psychology of belief in free will and desire to punish, it is argued that a strategy aiming at a reduction of people’s natural desire to punish criminals can be successful if capable of providing alternatives to current forms of punishment satisfying three properties: they must be less harmful than current forms of punishment, more effective in preventing crime, and incompatible with current forms of punishment. (shrink)

A growing number of philosophers now hold that agent causation is required for agency, or free will, or moral responsibility. To clarify what is at issue, this paper begins with a distinction between agent causation that is ontologically fundamental and agent causation that is reducible to or realized in causation by events or states. It is widely accepted that agency presents us with the latter; the view in question claims a need for the former. The paper then examines a “disappearing (...) agent” argument from Derk Pereboom that is aimed at showing that free will requires agent causation that is ontologically fundamental. It is argued that the argument fails. Further, it is argued that, contrary to Pereboom’s claim, the issue raised by his disappearing agent argument is distinct from the problem of present luck that libertarian theories of free will face. The paper concludes with an assessment of the prospects for success of a disappearing agent argument showing that agent causation that is ontologically fundamental is required for agency tout court. (shrink)

Abolitionism is the view that if no one is responsible, then we ought to abandon the reactive attitudes. Proponents suggest that reactive attitudes can be replaced in our emotional repertoire by non-reactive analogues. In this paper, I dispute and reject a common challenge to abolitionism according to which the reactive attitudes are necessary for protesting unfairness and maintaining social harmony. While other abolitionists dispute the empirical basis of this objection, I focus on its implications. I argue that even if non-reactive (...) analogues cannot perform the interpersonal and social functions of reactive attitudes, it does not follow that the losses of abandoning them outweigh the gains of retaining them. The force of the challenge rests on a mistake, identified by John Stuart Mill among others, that is common when evaluating entrenched social practices. (shrink)

Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...) 2015), and myself (Caruso 2012, 2013, forthcoming). Critics, however, often complain that adopting such views would have dire consequences for ourselves, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in free will and basic desert moral responsibility would leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and undermine meaning in life. -/- In response, free will skeptics argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe (see, e.g., Pereboom 2001, 2014; Waller 2011, 2015; Caruso 2016, forthcoming). According to optimistic skeptics, prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. And although retributivism and severe punishment, such as the death penalty, would be ruled out, incapacitation and rehabilitation programs would still be justified (see Pereboom 2001, 2013, 2014; Levy 2012; Caruso 2016; Pereboom and Caruso, forthcoming). In this paper, I attempt to extend this general optimism about the practical implications of free will skepticism to the question of creativity. -/- In Section I, I spell out the question of creativity and explain why it’s relevant to the problem of free will. In Section II, I identify three different conceptions of creativity and explain the practical concerns critics have with free will skepticism. In Section III, I distinguish between three different conceptions of moral responsibility and argue that at least two of them are consistent with free will skepticism. I further contend that forward-looking accounts of moral responsibility, which are perfectly consistent with free will skepticism, can justify calling agents to account for immoral behavior as well as providing encouragement for creative activities since these are important for moral and creative formation and development. I conclude in Section IV by arguing that relinquishing belief in free will and basic desert would not mean the death of creativity or our sense of achievement since important and realistic conceptions of both remain in place. (shrink)

In recent decades, with advances in the behavioral, cognitive, and neurosciences, the idea that patterns of human behavior may ultimately be due to factors beyond our conscious control has increasingly gained traction and renewed interest in the age-old problem of free will. To properly assess what, if anything, these empirical advances can tell us about free will and moral responsibility, we first need to get clear on the following questions: Is consciousness necessary for free will? If so, what role or (...) function must it play? Are agents morally responsible for actions and behaviors that are carried out automatically or without conscious control or guidance? Are they morally responsible for actions, judgments, and attitudes that are the result of implicit biases or situational features of their surroundings of which they are unaware? What about the actions of somnambulists or cases of extreme sleepwalking where consciousness is largely absent? Clarifying the relationship between consciousness and free will is imperative if we want to evaluate the various arguments for and against free will. For example, do compatibilist reasons- responsive and deep self accounts require consciousness? If so, are they threatened by recent developments in the behavior, cognitive, and neurosciences? What about libertarian accounts of free will? What powers, if any, do they impart to consciousness and are they consistent with our best scientific theories about the world? In this survey piece, I will outline and assess several distinct views on the relationship between consciousness and free will. (shrink)

Are corporations and other complex groups ever morally responsible in ways that do not reduce to the moral responsibility of their members? Christian List, Phillip Pettit, Kendy Hess, and David Copp have recently defended the idea that they can be. For them, complex groups (sometimes called collectives) can be irreducibly morally responsible because they satisfy the conditions for morally responsible agency; and this view is made more plausible by the claim (made by Theiner) that collectives can have minds. In this (...) paper I give a new argument against the idea that collectives can be irreducibly morally responsible in the ways that individuals can be. Drawing on recent work in the philosophy of mind (what Uriah Kriegel calls "the phenomenal intentionality research program") and moral theory (David Shoemaker's tripartite theory of moral responsibility), I argue that for something to have a mind, it must be phenomenally conscious, and that the fact that collectives lack phenomenal consciousness implies that they are incapable of accountability, an important form of moral responsibility. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

I offer analyses of free will in terms of a complex set of psychological capacities agents possess to varying degrees and have varying degrees of opportunities to exercise effectively, focusing on the under-appreciated but essential capacities for imagination. For an agent to have free will is for her to possess the psychological capacities to make decisions—to imagine alternatives for action, to select among them, and to control her actions accordingly—such that she is the author of her actions and can deserve (...) credit or blame for them. For an agent to act of her own free will is for her to have had (reasonable) opportunity to exercise these capacities in making her decision and acting. There is a long philosophical tradition of treating free will as the set of capacities that, when properly functioning, allow us to make decisions that contribute to our leading a good or flourishing life. On this view, free will is a psychological accomplishment. Free will allows us to be the causal source of our actions in a way that is compatible with determinism and naturalism. (shrink)

Philosophical debates about free will have focused on determinism—a potential ‘threat from behind’ because determinism entails that there are conditions in the distant past that, in accord with the laws of nature, are sufficient for all of our decisions. Neuroscience is consistent with indeterminism, so it is better understood as posing a ‘threat from below’: If our decision-making processes are carried out by neural processes, then it might seem that our decisions are not based on our prior conscious deliberations or (...) reasoning. The response to this threat will require a neurophilosophical theory of mind that makes sense of the causal role of our conscious reasons and reasoning. Without such a theory, our conscious self seems bypassed by the neural processes in our brains, and this view seems to explain why many scientists assume that neuroscience challenges free will. However, I argue that most people are amenable to the possibility of a future theory of mind that is physicalist (if not reductionist), yet preserves much of our ordinary experience and understanding of conscious decision-making and self-control. I outline such a theory using the resources of causal interventionism. I argue that this view is best understood as a minimal revision to our understanding of free will, rather than an elimination of it. And I argue that this view has more reasonable and effective implications for our moral and legal practices than an eliminativist or skeptical theory of free will. (shrink)

Technology could be used to improve morality but it could do so in different ways. Some technologies could augment and enhance moral behaviour externally by using external cues and signals to push and pull us towards morally appropriate behaviours. Other technologies could enhance moral behaviour internally by directly altering the way in which the brain captures and processes morally salient information or initiates moral action. The question is whether there is any reason to prefer one method over the other? In (...) this article, I argue that there is. Specifically, I argue that internal moral enhancement is likely to be preferable to external moral enhancement, when it comes to the legitimacy of political decision-making processes. In fact, I go further than this and argue that the increasingly dominant forms of external moral enhancement may already be posing a significant threat to political legitimacy, one that we should try to address. Consequently, research and development of internal moral enhancements should be prioritised as a political project. (shrink)

For those who maintain that free will is incompatible with causal determinism, a persistent problem is to give a coherent characterization of action that is neither determined by prior events nor random, arbitrary, lucky or in some way insufficiently under the control of the agent to count as free action. One approach—that of Roderick Chisholm and others—is to say that a third alternative is for an action to be caused by an agent in a way that is not reducible to (...) event causal terms. A different approach than the Chisholmian appeal to primitive substance causation is one that, instead, involves causal relations purely among events. This paper presents a particular event-causal indeterminist account of free action, describing both its attractions and recent objections to it, and then proposes a revised version, with the aim of supporting the plausibility of an event-causal indeterminist approach to free will. (shrink)

It is sometimes claimed that forgiveness involves the cancellation of a moral debt. This way of speaking about forgiveness exploits an analogy between moral forgiveness and economic debt-cancellation. Call the view that moral forgiveness is like economic debt-cancellation the Economic Model of Forgiveness. In this article I articulate and motivate the model, defend it against some recent objections, and pose a new puzzle for this way of thinking about forgiveness.

Pereboom’s Four-Case Argument was once considered to be the most powerful of the manipulation arguments against compatibilism. However, because of Demetriou’s :595–617, 2010) response, Pereboom has significantly weakened his argument. Manipulation arguments in general have also been challenged by King : 65–83, 2013). In this paper, I argue that the Four-Case Argument resists both these challenges. One upshot is that Pereboom doesn’t need weaken his argument. Another is that compatibilists still need a response the Four-Case Argument. And another is that (...) we get a much better understanding of the Four-Case Argument, and of manipulation arguments more generally, than is currently available in the literature. (shrink)

In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...) acknowledge that the arguments in its favor are far from conclusive; and some of the least confident concerning the arguments for moral responsibility—such as Van Inwagen—are most confident of the truth of moral responsibility. Thus, argues Waller, whatever the verdict on the strength of philosophical arguments for moral responsibility, it is clear that belief in moral responsibility—whether among philosophers or the folk—is based on something other than philosophical reasons. -/- He goes on to argue that there are several sources for the strong belief in moral responsibility, but the following four are particularly influential: First, moral responsibility is based in a powerful “strike back” emotion that we share with other animals. Second, there is a deep-rooted “belief in a just world”—a belief that, according to Waller, most philosophers reject when they consciously consider it, but which has a deep nonconscious influence on what we regard as just treatment and which provides subtle (but mistaken) support for belief in moral responsibility. Third, there is a pervasive moral responsibility system—extending over criminal justice as well as “common sense”—that makes the truth of moral responsibility seem obvious, and makes challenges to moral responsibility seem incoherent. Finally, there is the enormous confidence we have in the power of reason, which mistakenly leads us to believe that our conscious, rational, and critically reflective selves are constantly guiding our behavior in accordance with our deep values. -/- In these comments, I would like to discuss the many points of agreement I have with Waller, providing along the way additional fuel for his skeptical fire (i.e., his moral responsibility skepticism and his skeptical analysis of the source of our strong belief in moral responsibility). I will also discuss, however, my one main point of disagreement—i.e., his desire to preserve the conception of free will. Waller believes free will can “flourish” in the absence of moral responsibility (see Ch.8), while I maintain they that the variety of free will that is of central philosophical and practical importance is the sort required for moral responsibility in a particular but pervasive sense. This sense of moral responsibility is set apart by the notion of basic desert and is purely backward-looking and non-consequentialist (see Pereboom 2001, 2014; Caruso and Morris, forthcoming). Understood this way, the sort of free will at issue in the historical debate is a kind of power or ability an agent must possess in order to justify certain kinds of desert-based judgments, attitudes, or treatments in response to decisions or actions that the agent performed or failed to perform. (shrink)

Contrary to the commonly held position of Luis de Molina, Thomas Flint and others, I argue that counterfactuals of divine freedom are pre-volitional for God within the Molinist framework. That is, CDFs are not true even partly in virtue of some act of God’s will. As a result, I argue that the Molinist God fails to satisfy an epistemic openness requirement for rational deliberation, and thus she cannot rationally deliberate about which world to actualize.