There are few concepts as relevant as that of intentional action in shaping our sense of self and the interaction with the environment. At the same time, few concepts are so elusive. Indeed, both conceptual and neuroscientific accounts of intentional agency have proven to be problematic. On the one hand, most conceptual views struggle in defining how agents can adequately exert control over their actions. On the other hand, neuroscience settles for definitions by exclusion whereby key features of human intentional (...) actions, including goal-directness, remain underspecified. This paper reviews the existing literature and sketches how this gap might be filled. In particular, we defend a gradualist notion of intentional behaviour, which revolves around the following key features: autonomy, flexibility in the integration of causal vectors, and control. (shrink)

Feasting on a plethora of social media platforms, news aggregators, and online marketplaces, recommender systems (RSs) are spreading pervasively throughout our daily online activities. Over the years, a host of ethical issues have been associated with the diffusion of RSs and the tracking and monitoring of users’ data. Here, we focus on the impact RSs may have on personal autonomy as the most elusive among the often-cited sources of grievance and public outcry. On the grounds of a philosophically nuanced notion (...) of autonomy, we illustrate three specific reasons why RSs may limit or compromise it: the threat of manipulation and deception associated with RSs; the RSs’ power to reshape users’ personal identity; the impact of RSs on knowledge and critical thinking. In our view, however, notwithstanding these legitimate concerns, RSs may effectively help users to navigate an otherwise overwhelming landscape. Our perspective, therefore, is not to be intended as a bulwark to protect the _status quo_ but as an invitation to carefully weigh these aspects in the design of ethically oriented RSs. (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)

It is an increasingly popular view among philosophers that moral responsibility can, in principle, be attributed to unconscious autonomous agents. This trend is already remarkable in itself, but it is even more interesting that most proponents of this view provide more or less the same argument to support their position. I argue that as it stands, the Extension Argument, as I call it, is not sufficient to establish the thesis that unconscious autonomous agents can be morally responsible. I attempt to (...) show that the Extension Argument should overcome especially strong ethical considerations; moreover, its epistemological grounds are not too solid, partly because the justifications of its premises are in conflict. (shrink)

This paper outlines a new conative theory of blame. I argue that the best-known conative approaches to blame (Scanlon 1998, 2008, Sher 2006a) misrepresent the cognitive and dispositional components of blame. Section 1 argues, against Scanlon and Sher, that blaming involves the judgment that an act or state is the fault of the blamed. I also propose an alternative dispositional condition on which blaming only occurs if it matters to the blamer whether the blamed gets the punishment that she deserves. (...) In Section 2, I discuss objections to judgment-based accounts of blame (that they cannot tell the difference between blaming and judging to be blameworthy, that they cannot explain why blame is often accompanied by emotion, and that they cannot make sense of irrational blame), and I argue that my proposal can handle all of them. (shrink)

We argue that explainable artificial intelligence (XAI), specifically reason-giving XAI, often constitutes the most suitable way of ensuring that someone can properly be held responsible for decisions that are based on the outputs of artificial intelligent (AI) systems. We first show that, to close moral responsibility gaps (Matthias 2004), often a human in the loop is needed who is directly responsible for particular AI-supported decisions. Second, we appeal to the epistemic condition on moral responsibility to argue that, in order to (...) be responsible for her decision, the human in the loop has to have an explanation available of the system’s recommendation. Reason explanations are especially well-suited to this end and we examine whether – and how – it might be possible to make such explanations fit with AI systems. We support our claims by focusing on a case of disagreement between human in the loop and AI system. (shrink)

In this paper I argue that Pereboom’s empirical objection to agent causation fails to undermine the most plausible version of agent-causal libertarianism. This is significant because Pereboom concedes that such libertarianism is conceptually coherent and only falls to empirical considerations. To substantiate these claims I outline Pereboom’s taxonomy of agent-causal views, develop the strongest version of his empirical objections, and then show that this objection fails to undermine what I consider the most plausible view of agent-causal libertarianism, namely, reconciliatory integrationist (...) agent-causalism. I then strengthen my criticism of Pereboom by responding to three objections to my view. I show that these objections, though initially challenging, fail to undermine my argument. I therefore conclude that, to this extent, agent-causal views remain a viable option in the contemporary free will debate. (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)

This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a modified Rawlsian original position (...) in which we assume we are just as likely to be among the punished when the veil of ignorance is raised as we are to be among those protected by the institution of punishment. The justification of remorse presented here is care-based, and draws on the value of sympathizing with people we have wronged, which has a Kantian ground in the duty to take others’ ends as our own. (shrink)

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

Many philosophers think there is a luck problem confronting libertarian models of free will. If free actions are undetermined, then it seems to be a matter of chance or luck that they occur—so the objection goes. Agent-causal libertarians have responded to this objection by asserting that free actions, in their essence, involve a direct causal relation between agents and the events they cause. So, free actions are not lucky after all. Not everyone, however, is convinced by this response. Al Mele (...) and Peter van Inwagen, for instance, argue that luckiness remains even if agent-causation exists. One way to answer their arguments, I suggest, is by appealing to considerations in metaphysical grounding and the associated idea of explanatory priority. Mele’s argument loses force if facts about which possible world is actual are partly grounded in facts about free choices themselves. And van Inwagen’s challenge can be met if facts about free actions are explanatorily prior to any objective probabilities associated with those actions. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

For many philosophers, bad-history wrongdoers are primarily interesting because of what their cases might tell us about the interaction of moral responsibility and history. However, philosophers focusing on blameworthiness have overlooked important questions about blame itself. These bad-history cases are complicated because blame and sympathy are both fitting. When we are careful to consider the rich natures of those two reactions, we see that they conflict in several important ways. We should see bad-history cases as cases about whether and how (...) we should blame, rather than as cases giving us ready insight into the nature of moral responsibility. (shrink)

According to “voluntarists,” voluntary control is a necessary precondition on being blameworthy. According to “non-voluntarists,” it isn’t. I argue here that we ought to take seriously a type of voluntary control that both camps have tended to overlook. In addition to “direct” control over our behavior, and “indirect” control over some of the consequences of our behavior, we also possess “constitutive” control: the capacity to govern some of our attitudes and character traits by making choices about what to do that (...) constitute those attitudes and traits. Taking this sort of control seriously, I argue, ultimately tips the scale towards voluntarism. First, I address a non-voluntarist case in which an agent is putatively made blameworthy by the reasons for which she acts, even though the particular reasons for which she acts aren’t up to her. I argue that this case looks compelling only if we overlook constitutive control, and thereby miss how the agent’s motivating reasons are under her voluntary control even though non-voluntarists think they are not. I then use the notion of constitutive control to diffuse some of the best putative counterexamples to voluntarism: cases in which subjects are blameworthy either for caring inadequately about others or for wishing them ill. (shrink)

Philosophers have already recognized the importance of causal preemption involving “positive” events. First, preemption with positive events raises problems for counterfactual theories of causation. Second, theories of moral and legal responsibility rely heavily on the concept of causation, so accurately assessing responsibility in preemption cases requires correctly assessing their causal structure. However, philosophers have not discussed preemption involving “negative” events or omissions. This paper argues that cases of preemptive omissions exist and have important implications for theories of causation and for (...) moral and legal responsibility. Of theoretical importance, the alterations made to counterfactual theories of causation to address preemption with positive events do not seem to work for accommodating preemptive omissions. Of practical importance, there have been actual legal cases involving preemptive omissions, and at least one such case was, this paper contends, decided incorrectly on erroneous causal grounds. This paper identifies what must happen for preemptive omissions to obtain. It then argues for the existence of preemptive omissions by constructing a series of cases and drawing structural parallels between preemption cases with positive events and cases with omissions. It ultimately presents a formula for generating preemptive omissions and examines both why “traditional” methods of generating preemption fail for omissions and why the proposed method avoids such concerns. (shrink)

Although the free will debate of contemporary analytic philosophy lacks almost any kind of historical perspective, some scholars have pointed out a striking similarity between Stoic approaches to free will and Frankfurt’s well-known hierarchical theory. However, the scholarly agreement is only apparent because they disagree about the kind of similarity between the Stoic and the Frankfurtian theories. The main thesis of my paper is that so far, commentators have missed the crucial difference between the Stoics’ approach to free will and (...) Frankfurt’s, a difference that makes the former the superior approach. (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)

Is it appropriate to blame people unequally if the only difference between them was a matter of luck? Suppose Alice would drive recklessly if she could, Belen drove recklessly but didn’t harm anyone, and Cleo drove recklessly and killed a child. Luck-advocates emphasize that in real life we do blame such agents very unequally. Luck-skeptics counter that people aren’t responsible for factors beyond their control, or beyond their quality of will. I’ll defend a somewhat reconciliatory view. I’ll concede to the (...) skeptics that these agents are equally culpable. Nonetheless, I’ll suggest with the luck-advocates that it’s fitting to blame them unequally. That’s because their culpability is unequally significant for us: Cleo’s culpability concerns us more than Belen’s, and Belen’s more than Alice’s—just like the fault of a close aggressor concerns us more than that of an aggressor far off in place and time. And it’s fitting for us to respond with more blame to faults that concern us more. Indeed, blaming people simply in proportion to their culpability manifests a form of fetishism, or problematic mere-matter-of-principle concern. So while many skeptical tenets may hold, in substance the luck-advocates are right. (shrink)

Menges (2022) seeks to identify the kind of blame that should be at issue in debates between skeptics and anti-skeptics about responsibility. Menges argues that such blame is constituted by responses that the target has a claim against, and by the blamer’s thought that they have forfeited this claim due to their bad action and state while engaged in that action. I identify a class of blame responses that Menges mistakenly excludes and offer an alternative, more general, account in which (...) the distinctive feature of controversial blame isn’t claim forfeiture, but the defeat of reasons grounded in the target’s interests. (shrink)

"The Manipulation Argument has recently taken center stage in the free-will debate, yet little else can be said of this newcomer that is uncontroversial. At present, even the most fundamental elements of the Manipulation Argument--its structure, conclusion, and target audience--are a matter of dispute. As such, we cannot begin, as we ideally would, with a simple and relatively uncontroversial overview of the argument. Instead, clarifying the debate over the basic structure and general conclusion of the Manipulation Argument will be our (...) goal." -/- UPDATE: I now refer to an isolated objection to the counterexample step as a hardline reply, an isolated attack on the generalization step a softline reply, and an isolated response to the explanation step as an "al dente" reply. Al dente replies have been given in Mele's 2005 critique of the Four-Case Argument and my 2015 (2012) critique of Mele's Zygote Argument. I also now refer to a manipulation argument which has a generalization step that concludes to impossibilism and an explanation step which proposes an explanation for the impossibility of free will as a "Master Manipulation Argument" (examples of master manipulation arguments include Mickelson 2015 and 2019). (shrink)

The author discusses Aristotle’s notion of deliberation and shows that it differs considerably from the model of deliberation as is common in contemporary discussions of free will and moral responsibility. As opposed to the contemporary model, Aristotle’s account does not require that the deliberator has any belief (or lack thereof) concerning the availability of possible courses of action. However, the action chosen by deliberation, before it is performed, is still contingent––i.e. such that it can both be and not be done––and (...) up to us. Moreover, the action’s being up to us can be seen as grounded in our having rational capacities that are necessarily two-sided. This might suggest that the agent can do otherwise than she has decided by deliberation. The author argues that this is not the case: after deliberation, or after forming the relevant desire, the agent can actualize only one arm of her two-sided capacity, and hence, she cannot act differently than as decided by deliberation. If it makes sense to say that she can act differently, it is only because there may occur, in the interval between deliberation and action, some other desire which takes over a role of the decisive factor. (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 and why it matters to the contempory debate. 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 knowingly promote invalid arguments, and to equivoate on jargon in ways that keep the free-will debate mired in psuedo-stalemates). I also suggest a new paradigm for anyone looking for relief from the confusion and deadlock created by the use of inadequate classical narratives and jargon. -/- A selection from the publication is available to download here. For full version, please gmail me, username: kristin.mickelson.42 -/- . (shrink)

Philosophers often consider problems of free will and moral luck in isolation from one another, but both are about control and moral responsibility. One problem of free will concerns the difficult task of specifying the kind of control over our actions that is necessary and sufficient to act freely. One problem of moral luck refers to the puzzling task of explaining whether and how people can be morally responsible for actions permeated by factors beyond their control. This chapter explicates and (...) assesses skeptical, compatibilist, and libertarian approaches to moral luck. First, I argue that what makes the above problems of free will and moral luck distinct is largely their emphasis on different kinds of luck. Second, I describe and evaluate skeptical arguments from constitutive and circumstantial luck that it is impossible to act freely. Third, I explicate and assess various support and implication relationships between various kinds of compatibilism and libertarianism, on the one hand, and causal, constitutive, circumstantial, and resultant moral luck, on the other. (shrink)

This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between (...) risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies. (shrink)

"We wish this volume to be a sure companion to the study of free will, broadly construed to include action theory, moral and legal responsibility, and cohort studies feathering off into adjacent fields in the liberal arts and sciences. In addition to general coverage of the discipline, this volume attempts a more challenging and complementary accompaniment to many familiar narratives about free will. In order to map out some directions such accompaniment will take, in this introduction we anchor the thirty (...) contributions to this volume in some common history from which they arise, and attempt to indicate where future work in free will and moral responsibility will–and has already begun to–depart from that history." -Excerpt from Introduction. ... ... To read full introduction, (1) download attached file or (2) follow wiley_dot_com link below, click "Read An Excerpt", then click :Excerpt 3:(pdf)". (shrink)

Central cases of moral blame suggest that blame presupposes that its target deserves to feel guilty, and that if one is blameworthy to some degree, one deserves to feel guilt to a corresponding degree. This, some think, is what explains why being blameworthy for something presupposes having had a strong kind of control over it: only given such control is the suffering involved in feeling guilt deserved. This chapter argues that all this is wrong. As evidenced by a wider range (...) of cases, blame doesn’t presuppose that the target deserves to feel guilt and doesn’t necessarily aim at the target’s suffering in recognition of what they have done. On the constructive side, the chapter offers an explanation of why, in many cases of moral blameworthiness, the agent nevertheless does deserve to feel guilt. The explanation leans on a general account of moral and non-moral blame and blameworthiness and a version of the popular idea that moral blame targets agents’ objectionable quality of will. Given the latter idea, the morally blameworthy have harmed the standing of some person or value, giving rise to obligations to give correspondingly less relative weight to their own standing, and so, sometimes, to their own suffering. (shrink)

This is a contribution to a Book symposium on The Limits of Free Will: Selected Essays by Paul Russell. Russell provides replies to three critics of The Limits of Free Will. The first reply is to Robert Wallace and focuses on the question of whether there is a conflict between the core compatibilist and pessimist components of the "critical compatibilist" position that Russell has advanced. The second reply is to Angela Smith's discussion of the "narrow" interpretation of moral responsibility responsibility (...) (as defended by R. Jay Wallace) and how best to respond to it. The third and last reply is concerned with Christopher Bennett's criticism of Russell's views concerning "motivational scepticism" and the possibility of pure practical reasons. (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)

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 chapter describes the attributionist approach to moral responsibility. Works by Pamela Hieronymi, T.M. Scanlon, Angela Smith, and Matthew Talbert are taken to representative of this approach. On the interpretation given here, attributionism is committed to the following: assessments of moral responsibility are, and ought to be, centrally concerned with the morally significant features of an agent’s orientation toward others that are attributable to her, and an agent is eligible for moral praise or blame solely on the basis of these (...) attributions. Attributionism is presented as rejecting the claim that agents are morally responsible only for what is under their voluntary control, as well as the claim that agents are responsible for wrongdoing only if they could have responded to the moral considerations that spoke against your behavior. These supposed conditions on moral responsibility are rejected for the same reason: agents may reveal features of their selves, in a way that is sufficient for moral responsibility, even in cases in which these conditions are not met. (shrink)

In this paper I will address a specific luck argument that has been put forward against event causal libertarianism: the disappearing agent objection. I will show why some replies are unsatisfactory while dealing with this objection and, by criticizing the notion of settling and the conception of selfhood invoked by this objection I’ll suggest that the event causal libertarian should reject the objection as it rests on an unacceptable ontology and that consequently, he should bite the bullet and admit that (...) there is some residual arbitrariness in torn decision making. (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)

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)

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

Helen Steward holds that an agent’s settling something does not require a conscious, full-fledged intention. Rather, sub-intentional acts can be instances of settling by the agent if that act is subordinated to the agent’s personal-level conscious systems. I argue that this position is mistaken, and that agential settling does in fact require a conscious intention. I argue for this claim by offering a case which on Steward’s position has counterintuitive implications. I consider a variety of ways in which Steward might (...) respond, and show how each response incurs serious dialectical burdens. I then propose my preferred view of agential settling which does not share the aforementioned counterintuitive claims. (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)

In a recent article in this journal, I argued against the popular twofold Strawsonian claim that there can be no moral responsibility without a moral community and that, as a result, moral responsibility is essentially interpersonal. Benjamin De Mesel has offered a number of objections to my argument, including in particular the objection that I mischaracterized Strawson’s view. In this article, I respond to De Mesel’s criticisms.

This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, or (...) Deep Self. Recently leading compatibilist neuroethicists added the condition of not feeling alienated from desires motivating a person's action. This article argues against such attempts to determine conditions under which patients undergoing neuromodulation should be subject to negative reactive attitudes and legal punishment. Compatibilism should not be used to justify basic desert moral responsibility and legal punishment. Instead, a new way of thinking about the function of moral responsibility attribution is proposed for patients with neuromodulation. Their compatibilist capabilities should serve as important indicators for determining appropriate, forward‐looking courses of action, such as quarantining and restorative treatment, to ensure the public safety and well‐being of the patients. (shrink)

Pereboom’s defense of deliberation-compatibilism is the most elaborate and most sophisticated current attempt to defend this position. In this paper, I have provided a careful, and open-minded assessment of that defense. The conclusion that emerged is that it is subject to an important objection that leaves him with no explanation of the relevant difference between a scenario in which it would irrational for an agent to deliberate what to do, and a scenario the deliberation-compatibilist would consider appropriate for rational deliberation. (...) Without a satisfactory response to this objection, Pereboom’s defense of deliberation-compatibilism cannot be deemed successful. (shrink)

Non-Causal Libertarianism (NCL) is a libertarian position which aims to provide a non-causal account of action and freedom to do otherwise. NCL has been recently criticized from a number of quarters, notably from proponents of free will skepticism and agent-causation. The main complaint that has been voiced against NCL is that it does not provide a plausible account of an agent’s control over her action, and therefore, the account of free action it offers is inadequate. Some critics (mainly agent-causationists) have (...) even gone so far as to claim that NCL does not offer a plausible account of action. My goal in this paper is to defend NCL against these charges. More specifically, I deal with Derk Pereboom's Disappearing-Agent-Objection, Peter van Inwagen's Mind Argument, and with two objections to NCL by Randolph Clarke. (shrink)

ABSTRACTP.F. Strawson claimed that forgiveness is such an essential part of our moral practices that we could not extricate it from our form of life even if we so desired. But what is it about forgiveness that would make it such a central feature of our moral experience? In this paper, I suggest that the answer has to do with what I will call the normative significance of forgiveness. Forgiveness is normatively significant in the sense that, in its paradigmatic instances, (...) forgiving alters the operative norms bearing on the interaction between the victim and the wrongdoer in certain characteristic ways. My project here is, first, to clarify the ways that paradigmatic cases of forgiveness alter the norms of interaction between victim and wrongdoer and to argue that it is in this respect that forgiveness is a normatively significant feature of our moral responsibility practices. Second, I show that most extant theories of forgiveness fail to explain the characteristic ways in which forgiving alters norms. Th... (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.

Philosophers writing on forgiveness typically defend the Resentment Theory of Forgiveness, the view that forgiveness is the overcoming of resentment. Rarely is much more said about the nature of resentment or how it is overcome when one forgives. Pamela Hieronymi, however, has advanced detailed accounts both of the nature of resentment and how one overcomes resentment when one forgives. In this paper, I argue that Hieronymi’s account of the nature of forgiveness is committed to two implausible claims about the norms (...) bearing on forgiveness. Her account is highly instructive, however, for it brings into relief how certain intuitive views about the norms of forgiveness should be used to constrain our theories about its nature. I conclude by defending this methodological proposal. (shrink)

It is widely agreed that reactive attitudes play a central role in our practices concerned with holding people responsible. However, it remains controversial which emotional attitudes count as reactive attitudes such that they are eligible for this central role. Specifically, though theorists near universally agree that guilt is a reactive attitude, they are much more hesitant on whether to also include shame. This paper presents novel arguments for the view that shame is a reactive attitude. The arguments also support the (...) view that shame is a reactive attitude in the sense that concerns moral accountability. The discussion thereby challenges both the view that shame is not a reactive attitude at all, suggested by philosophers such as R. Jay Wallace and Stephen Darwall, and the view that shame is a reactive attitude but does not concern moral accountability, recently defended by Andreas Carlsson and Douglas Portmore. (shrink)

Neuroscientists have located brain activity that prepares or encodes action plans before agents are aware of intending to act. On the basis of these findings and broader agency research, activity in these regions has been proposed as the neural realizers of practical intention. My aim in this paper is to evaluate the case for taking these neural states to be neural representations of intention. I draw on work in philosophy of action on the role and nature of practical intentions to (...) construct a framework of the functional profile of intentions fit for empirical investigation. With this framework, I turn to the broader empirical neuroscience literature on agency to assess these proposed neural representations of intention. I argue that while these neural states in some respects satisfy the functions of intention in planning agency prospective of action, their fit with the role of intention in action execution is not well supported. I close by offering a sketch of which experimental task features could aid in the search for the neural realizer of intention in action. (shrink)