Building Better Beings: A Theory of Moral Responsibility argues that the normative basis of moral responsibility is anchored in the effects of responsibility practices. Further, the capacities required for moral responsibility are socially scaffolded. This article considers criticisms of this account that have been recently raised by John Doris, Victoria McGeer, and Michael Robinson. Robinson argues against Building Better Beings’s rejection of libertarianism about free will, and the account of desert at stake in the theory. considers methodological questions that arise (...) from the account of desert, providing some additional resources for thinking about these issues within the framework of the account. McGeer objects to the particular mode of justification used to motivate the prescriptive aspect of the account. This article presents replies to each of these lines of response. (shrink)

It has been proposed that the ways in which the criminal justice system treats offenders with Autism spectrum condition should duly account for how the condition influences the offenders’ behavior. While the recommendation appears plausible, what adhering to it means in practice remains unclear. A central feature of ASC is seen to be that people with the condition have difficulties with understanding and reacting to the mental states of others in what are commonly considered as adequate ways. This article aims (...) to clarify how the difficulties affect the moral weight to be given to the good and bad motives of offending in sentencing offenders with ASC. I start by explicating the main points of departure of the endeavor. After that I assess the moral significance of the good and bad motives of offenders with ASC in view of four cases and a comparison with how we commonly treat people who are not as able to understand and react to the mental states of others as neurotypical adults. I suggest that considerations pertaining to what has been called the primary orientation of morality provide grounds for deeming the good motives of offenders with ASC as morally significant as those of otherwise similar neurotypical offenders and the bad motives of offenders with ASC as less morally significant than those of otherwise similar neurotypical offenders. After considering three possible objections to the suggestion, I conclude by briefly elucidating its purported import. (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)

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)

In this paper, we clarify, unpack, and ultimately resist what is perhaps the most prominent argument for the compatibility of free will and determinism: the epistemic argument for compatibilism. We focus on one such argument as articulated by David Lewis: (i) we know we are free, (ii) for all we know everything is predetermined, (iii) if we know we are free but for all we know everything is predetermined, then for all we know we are free but everything is predetermined, (...) (iv) if for all we know we are free but predetermined, then it is really possible that we are, so (v) compatibilism. We uncover how the crucial epistemic modality underlying (iv) must be understood, and contend that, understood this way, the libertarian can resist (iv). Importantly, however, resisting the argument does commit the libertarian to what has been called “flip-flopping”—but we argue that this is perfectly coherent. We conclude by articulating two crucially ways the libertarian can resist the argument, by saying that we can know that determinism is false "from the armchair". (shrink)

In a landmark essay, Andreas Matthias claimed that current developments in autonomous, artificially intelligent systems are creating a so-called responsibility gap, which is allegedly ever-widening and stands to undermine both the moral and legal frameworks of our society. But how severe is the threat posed by emerging technologies? In fact, a great number of authors have indicated that the fear is thoroughly instilled. The most pessimistic are calling for a drastic scaling-back or complete moratorium on AI systems, while the optimists (...) aim to show that the gap can be bridged nonetheless. Contrary to both camps, I argue against the prevailing assumption that there is a technology-based responsibility gap. I show how moral responsibility is a dynamic and flexible process, one that can effectively encompass emerging technological entities. (shrink)

This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to avoid that ignorance. (...) I further argue that criminal defense theory would better track moral culpability were it to broaden existing defenses whose desert-base is moral ignorance—such as insanity or mistaken-belief self-defense—to include non-culpable ignorance due to diminished situational control. In this way, criminal law can plausibly recognize a defense of coercive indoctrination without postulating any new categories of defense. (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)

One way of being responsible for an action is being praiseworthy for it. But what is the “praise” of which the praiseworthy agent is worthy? This paper provides a survey of answers to this question, i.e. a survey of possible accounts of praise’s nature. It then presents an overview of candidate norms governing our responses of praise. By attending to praise’s nature and appropriateness conditions, we stand to acquire a richer conception of what it is to be, and to regard (...) another as, a responsible agent. (shrink)

Derk Pereboom has posed an empirical objection to agent-causal libertarianism: The best empirically confirmed scientific theories feature physical laws predicting no long-run deviations from fixed conditional frequencies that govern events. If agent-causal libertarianism were true, however, then it would be virtually certain, absent ‘wild coincidences’, that such long-run deviations would occur. So, current empirical evidence makes agent-causal libertarianism unlikely. This paper formulates Pereboom’s ‘Problem of Wild Coincidences’ as a five-step argument and considers two recent responses. Then, it offers a different (...) response: The Problem of Wild Coincidences does not show that current empirical evidence makes agent-causal libertarianism unlikely, even if all events are governed by physical laws featuring fixed long-run conditional frequencies and even if agents can ‘overrule’ normal physical laws. (shrink)

ABSTRACT Many of our common-sense moral judgments seemingly imply the existence of moral luck. I attempt to avoid moral luck while retaining most of these judgments. I defend a view on which agents have moral equality of opportunity. This allows us to account for our anti-moral-luck intuitions at less cost than has been previously recognized.

In recent years, there has been increasing discussion of whether philosophy actually makes progress. This discussion has been prompted, in no small part, by the depth and persistence of disagreement among philosophers on virtually every major theoretical issue in the field. In this paper, I examine the role that the Method of Cases – the widespread philosophical method of testing and revising theories by comparing their verdicts against our intuitions in particular cases – plays in creating and sustaining theoretical disagreements (...) in philosophy. Drawing on work from cognitive psychology, I argue that there is a fundamental incompatibility between the structure of the theories that philosophers seek to construct using the MoC and the structure of the concepts on which our case-specific intuitions are based. This incompatibility renders MoC-based philosophical theorizing unable ever to succeed by the very standards of adequacy that it sets for itself. And this, in turn, helps to explain the depth and persistence of theoretical disagreements – and, in certain ways, the lack of progress – in the many areas of philosophy where the MoC plays an important role. (shrink)

Most contemporary accounts of moral responsibility take desert to play a central role in the nature of moral responsibility. It is also assumed that desert is a backward-looking concept that is not directly derivable from any forward-looking or consequentialist considerations, such as whether blaming an agent would deter the agent from performing similar bad actions in the future. When determining which account of moral responsibility is correct, proponents of desert-based accounts often take intuitions about cases to provide evidence either in (...) favor of or against a proposed theory. In this paper, I discuss two experiments that test whether folk intuitions accord with what desert-based accounts would predict. Results suggest that moral responsibility intuitions are sensitive to forward-looking considerations, thus posing a problem for desert-based accounts of moral responsibility. If appealing to intuitions about cases is a valid method of discovering the nature of moral responsibility and desert, it seems either desert is not entirely backward-looking or moral responsibility is not exclusively desert-based. These experimental results also suggest that consequentialist accounts of moral responsibility, which have largely been abandoned due to their counterintuitive nature, are perhaps not so counterintuitive after all. (shrink)

The possibility of predetermined choices raises a challenge for Causal Decision Theory [Ahmed 2014b]. Sandgren and Williamson [2021] have recently proposed a response—Selective Causal Decision Theory—that they hope will avoid Ahmed’s counterexamples, maintain (a particular kind of) compatibilism, and endorse universal Two-boxing in Newcomb’s Problem—CDT’s raison d’être. Their proposal does an admirable job of satisfying the first two desiderata. However, in this reply I raise several worries about whether it can satisfy the third.

In his recent monumental book On What Matters, Derek Parfit argues for a hard determinist view that rejects free will-based moral responsibility and desert. This rejection of desert is necessary for his main aim in the book, the overall reconciliation of normative ethics. In Appendix E of his book, however, Parfit claims that it is possible to mete out fair punishment. Parfit’s position on punishment here seems to be inconsistent with his hard determinism. I argue that Parfit is mistaken here, (...) in a way that leads him to unjustified optimism about the possibility of fair penalization. Insofar as we take the free will problem seriously, we cannot reconcile a belief in the absence of desert with a belief in the fairness of penalization. (shrink)

In Free Will, Agency, and Meaning in Life, Derk Pereboom proposes an optimistic model of life that follows on the rejection of both libertarian and compatibilist beliefs in free will, moral responsibility, and desert. I criticize his views, focusing on punishment. Pereboom responds to my earlier argument that hard determinism must seek to revise the practice of punishment in the direction of funishment, whereby the incarcerated are very generously compensated for the deprivations of incarceration. I claimed that funishment is a (...) practical reductio: of hard determinism. Pereboom replies, but I claim that he misses a key component of my reductio, the idea that moving in the direction of funishment will considerably weaken the deterrence of potential criminals so that hard determinism becomes self-defeating in practice. Beyond the challenge of funishment, I raise various other difficulties with Pereboom’s model, concerning its deeply unintuitive implications, the harm it does to the motivation of potential criminals, its weakness in resisting utilitarian-like dangers, and more. Our conclusions should lead to a re-evaluation of the compatibilist interpretation of moral life, as a richer, more plausible, and safer interpretation than hard determinism. This needs to be combined with a true hard determinist acknowledgment of the deep injustice and tragedy involved in punishment in light of the absence of libertarian free will. Such a complex view will come closer to doing justice to notions of justice, morality, and decency. (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)

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)

The concept of free will states that when more than one alternative is available to an individual, he/she chooses freely and voluntarily to render an action in any given context. A question arises, how do human beings choose to perform an action in a given context? What happens to an individual who compels him/her to choose an action out of many alternatives? The behaviorists state that free will guides individuals to choose an action voluntarily. Therefore, he/she is morally responsible for (...) his/her voluntary actions. This paper attempts to answer whether a person’s action is an outcome of his/her ‘moral luck’ or ‘designated cerebral cortex processes’? While answering this question the paper examines the relation between principle of causality and free will of a person. It analyses what causes free will. It elucidates use of free will for decision-making process(es), and the relation between human beings’ actions and their moral responsibility. This paper concludes that human beings are conscious of their free will. Free will decides their actions; therefore, they are morally responsible for their voluntary actions. This paper argues that free will is an emergent property of ‘immaterial soul’. (shrink)

The article aims to show that compatibilism can be defended against Pereboom’s ‘Four Case’ Manipulation Argument, hereinafter referred to as 4-Case MA, by combining the soft-line and the hard-line replies. In the first section, I argue that the original version of the 4-Case MA was refuted by the soft-line reply, but Pereboom’s modified version of the argument can’t be refuted this way. In the second section, I analyse McKenna’s hard-line reply to the original Pereboom’s 4-Case MA and argue that it (...) wasn’t completely successful. In section three, I present five new Pereboom-style cases. In section four, I argue that these new cases constitute a combination of the soft-line and hard-line defence against Pereboom’s modified multiple case manipulation argument. (shrink)

In this paper I investigate which of the main conditions proposed in the moral responsibility literature are the ones that spell trouble for the idea that Artificial Intelligence Systems could ever be full-fledged responsible agents. After arguing that the standard construals of the control and epistemic conditions don’t impose any in-principle barrier to AISs being responsible agents, I identify the requirement that responsible agents must be aware of their own actions as the main locus of resistance to attribute that kind (...) of agency to AISs. This is because this type of awareness is thought to involve first-person or de se representations, which, in turn, are usually assumed to involve some form of consciousness. I clarify what this widespread assumption involves and conclude that the possibility of AISs’ moral responsibility hinges on what the correct theory of de se representations ultimately turns out to be. (shrink)

The aim of this paper is to shed light on the complex relations between friendship and blame. In the first part, I show that to be friends is to have certain evaluative, emotional and behavioral dispositions toward each other, and distinguish between two kinds of norms of friendship, namely friendship-based obligations and friendship-constituting rules. Friendship-based obligations tag actions of friends as obligatory, permissible or wrong, whereas friendship-constituting rules specify conditions that, if met, make it so that two persons stand in (...) a particular type of relationship defined by various friendship-based obligations. I argue that whereas friendship-based obligations apply to actions under direct voluntary control, friendship-constituting rules apply to emotional and evaluative attitudes. The second part develops an account of friendship blame by comparing Scanlon’s account of blame with Wallace’s Strawsonian account of blame. I demonstrate that Scanlon’s account picks out responses that become appropriate when friends’ attitudes are not in agreement with friendship-constituting rules, whereas Wallace’s account picks out responses that become appropriate when friends violate friendship-based obligations. Arguing that the responses picked out by Scanlon’s account do not amount to blame, I show that, when combined, the views give an illuminating picture of possible reactions to friends who fall short of the standards of friendship. (shrink)

Many critics and defenders of P. F. Strawson’s approach to moral responsibility in ‘Freedom and Resentment’ have attributed to Strawson a claim of psychological incapacity or impossibility with respect to our (in)ability to abandon or radically change the framework of reactive attitudes that constitute (at least) an important part of our responsibility practices. In this essay I show that commentators have conflated two distinct arguments within Strawson’s discussion in a way that increases his susceptibility to a challenge of empirical implausibility. (...) I argue, further, that recognizing the difference between the two arguments has an additional important implication for Strawson’s overall argument, as it reveals that his view involves two types of objectivity. I end by discussing some consequences for both broad applications of Strawson’s moral psychology and narrow discussions within the free will literature. (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)

Hypocrisy is a ubiquitous feature of moral and political life, and accusations of hypocrisy a ubiquitous feature of moral and political discourse. Yet it has been curiously under-theorized in analytic philosophy. Fortunately, the last decade has seen a boomlet of articles that address hypocrisy in order to explain and justify conditions on the so-called “standing” to blame (Wallace 2010; Friedman 2013; Bell 2013; Todd 2017; Herstein 2017; Roadevin 2018; Fritz and Miller 2018). Nevertheless, much of this more recent literature does (...) not adequately address the question, “what is hypocrisy?” In this paper, I develop and defend an account of hypocrisy as vicious, value-expressing inconsistency. I show how this account solves some traditional and some novel philosophical puzzles concerning hypocrisy and affords a deeper understanding of the features of hypocrisy emphasized by other prominent accounts. (shrink)

Philosophers working on the morality of harm have paid surprisingly little attention to the problem of manipulation. The aim of this paper is to remedy this lacuna by exploring how liability to defensive harm is affected by the fact that someone posing an unjust threat has been manipulated into doing so. In addressing this problem, the challenge is to answer the following question: Why should it be the case that being misled into posing an unjust threat by manipulation makes a (...) difference to one’s liability, as compared to being misled into doing so by natural events or by someone’s honest attempt to persuade us? To answer this question, I first outline an account of manipulation and then use it to defend what I shall call the “Pre-emption Principle.”. (shrink)

This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...) four-planar nature. This view makes criminal theory‘s Autonomy Assumption look deeply questionable; autonomy must be a complex, nuanced open question, not an abstract, a priori default assumption. (shrink)

This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces (...) in such a way that they cannot be said to have acted freely. Yet as traditionally presented it was possible for its opponents to interpret this challenge as an incompatibilist position within the traditional free will/determinism debate, and to present compatibilist arguments against it—in particular, that the determinist challenge is unmotivated and has implausible implications. It is argued that these compatibilist objections hold only on a certain interpretation of the determinist challenge, but that this interpretation is not the only one available. Adorno’s distinctive position on freedom and determinism is presented as an alternative version of the challenge, which cannot be assimilated to the terms of the traditional compatibilist/incompatibilist disputes. This novel, ‘metacritical’ version of the determinist challenge is essentially a social–historical, not metaphysical, thesis about the moral significance of the freedom-undermining effects of modern social forms. As such, it is argued, it is invulnerable to the usual compatibilist objections, and presents a serious challenge to our criminal legal institutions. (shrink)

ABSTRACT This paper identifies a number of questions that any plausible theory of epistemic blame ought to answer. What is epistemic blame? When is someone an appropriate target of epistemic blame? And what justifies engaging in epistemic blame? I argue that a number of problems arise when we try to answer these questions by using existing conceptions of moral blame. I then consider and reject Brown’s [2020] belief-desire model of epistemic blame. Finally, I argue that an agency-cultivation model of moral (...) responsibility is not only able to help us to develop a plausible theory of epistemic blame; it is particularly well-placed to do so. (shrink)

In this paper, I examine whether agents who commit testimonial injustice are morally responsible for their wrongdoing, given that they are ignorant of their wrongdoing. Fricker (2007) argues that agents whose social setting lacks the concepts or reasons necessary for them to correct for testimonial injustice are excused. I argue that agents whose social settings have these concepts or reasons available are also typically excused, because they lack the capacity to recognise those concepts or reasons. Attempts to trace this lack (...) of capacity back to an earlier culpable wrongdoing will often fail, due to there being no point at which these perpetrators knowingly chose to develop their prejudices. Attempts to ground culpability under Talbert’s (2008) Attributionist account of moral responsibility will also fail. This is because perpetrators’ lack of awareness of what they are doing makes it the case that they are not expressing objectionable evaluative judgments in the way required for blameworthiness. Finally, I argue that our temptation to blame agents who commit testimonial injustice is not completely unfounded. Appealing to Watson’s (1996) attributability/accountability distinction allows us to make sense of how some responses to the jurors are appropriate, despite their being excused. (shrink)

This paper identifies why hypocrites lack the standing to blame others for certain wrongs. I first examine previous analyses of 'standing', and note these attempts all centre around the idea of entitlement. I then argue that thinking of standing to blame as a purely moral entitlement faces numerous problems. By examining how the concept of standing is used in other contexts, I argue that we should think of standing to blame in partly metaphysical terms. That is, we should think of (...) it as a status which grants agents the ability to do certain things. Using Darwall's (2006) account of second-personal obligations, I argue that we should think of blame as expressing demands. For these demands to impose obligations on others, however, we must first have the authority to make these demands. I argue that agents who lack standing to blame lack the authority to blame, and thus lack the ability to impose second-personal obligations on others by making these demands. They lack this authority because they fail to accept other people's second-personal authority to make similar demands on them. (shrink)

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)

In Wrongs and Crimes, Victor Tadros argues that wrongdoers acquire special duties to those they’ve wronged, and from there he generates wrongdoers’ duties to contribute to general deterrence by being punished. In support, he contends that my manipulation argument against compatibilism fails to show that causal determination is incompatible with the proposed duties wrongdoers owe to those they’ve wronged. I respond that I did not intend my manipulation argument to rule out a sense of moral responsibility that features such duties, (...) and that I don’t believe it does. In fact, I’m willing to accept a restricted version of Tadros’s proposal, and I explain how this addition modifies the self-defense-based position on deterrence that I’ve defended in the past. (shrink)

Laws, Mind, and Free Will is a highly valuable book for anyone interested in philosophy of science, philosophy of mind, or in the problem of free will and moral responsibility. The book has three distinct but related parts. The first presents an anti-empiricist position on the laws of nature, according to which the point of the laws is not primarily to predict kinematic outcomes, but rather to characterize dynamics. One upshot of the account is that the laws have an attenuated (...) role in determining and prediction of actual motion, and this has an important consequence for the relevance of the laws to the prospects for libertarian free will. This consequence is developed in detail in the second part of the book. A further feature of the account is that proposed laws and the theories in which they are embedded are models in a sense that reflects our interests and involves idealization. In Horst’s view, this is true for theories and laws across the sciences—from physics to psychology. The l .. (shrink)

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

The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized (...) the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

This paper features Derk Pereboom’s replies to commentaries by Victor Tadros and Saul Smilansky on his non-retributive, incapacitation-focused proposal for treatment of dangerous criminals; by Michael McKenna on his manipulation argument against compatibilism about basic desert and causal determination; and by Alfred R. Mele on his disappearing agent argument against event-causal libertarianism.

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)

According to the noncausal libertarian view of free will, in order for a person’s action to be free, it must be uncaused. A standard criticism of this view—the control objection—is that a person cannot have control over whether an uncaused action occurs and, so, such an action cannot be free. The background to this criticism is the claim that control over action is plausibly a causal rather than noncausal matter. In this paper, I defend noncausal libertarianism against the control objection (...) by developing a new noncausal theory of control. What emerges is not simply a defense of noncausal libertarianism against the control objection but a new theory of control more generally. (shrink)

In this paper, I engage with several of the intriguing theses Michael McKenna puts forward in his Conversation and Responsibility. For example, I examine McKenna’s claim that the fact that an agent is morally responsible for an action and the fact that an agent is appropriately held responsible explain each other. I go on to argue that despite the importance of the ability to hold people responsible, an agent’s being morally responsible for an action is explanatorily fundamental, and in this (...) sense responsibility is response-independent. I then explore some of the specific aspects of McKenna’s conversational theory before turning to his suggestion that the conversational nature of our responsibility practices gives us special kinds of reasons for accepting that agents are deserving of the harms of blame. Finally, I conclude by raising questions for his argument that the scope of blameworthy actions extends beyond that of impermissible actions. (shrink)

This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive harm in (...) a situation if both culpably intend to harm another, but due to circumstances outside the control of the two people only one has a chance of succeeding in causing harm. I argue that there is no difference in liability between the two. I then turn to a kind of slippery slope challenge that accepting this conclusion would lead to a vast over-inclusiveness in those liable to defensive harm, and consider a recent attempt at meeting it that requires that a person’s culpability can only affect liability if it concerns the very situation in which defensive harm is relevant. Finally, I put forward and assess a new way of meeting the challenge that appeals to a particular conception of culpability together with auxiliary theses concerning how culpability can decrease over time, among others. (shrink)

Responsibility, blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships (...) between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering. (shrink)

In this paper, I assess a challenging argument made by McKenna (J Ethical Theory, 2019) that free will might be important in justifying our moral responsibility practices even if free will is not important insofar as it is required for desert of blame and praise. I offer an alternative picture, according to which while we can justify our practices of moral responsibility in terms that appeal to free will without using terms that explicitly appeal to desert, desert is necessarily implicated (...) nevertheless by the very practices we seek to justify. In the process, I set out my understanding of the nature of blame and address the question of whether blame should always be understood as deserved in a sense distinct from fitting. (shrink)

In this essay, I assess what I call the “Duty View,” subtly articulated and defended by Victor Tadros in Wrongs and Crimes. According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the ground that wrongdoers’ duties are being legitimately enforced. I argue that, while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection against future offenses, (...) and I offer a comparative evaluation of the Duty View and an alternative approach, which I call the “Desert Plus View.” The Desert Plus View shares some of the key commitments of the Duty View, such as the rejection of the intrinsic goodness of wrongdoers getting what they deserve. More positively, however, according to the Desert Plus View, the fact that people are deserving can, together with certain additional conditions, such as the need for protection of its citizens, provide a reason for the state to give them what they deserve. (shrink)

Anscombe’s 1971 inaugural lecture at Cambridge, entitled ‘Causality and Determination’, has had a lasting influence on a remarkably broad range of philosophers and philosophical debates, touching on fundamental topics in philosophy of science, action theory, the free will debate, epistemology, philosophy of mind, and metaphysics. Especially where anti-reductionist or pluralist strands of philosophical thought are being seriously considered, one should not be surprised to find references to Anscombe’s lecture. Moreover, there appears to be a growing interest in Anscombe’s comprehensive philosophical (...) outlook, as attested by the recent publication of a weighty collection of essays spanning that outlook in its full breadth in the prestigious Routledge Philosophical Minds series. Against this background it is apt that now, 50 years after the original lecture, a Topical Collection sees the light, circling around the most central themes from Anscombe’s lecture, with a particular emphasis on the question how these hang together, how they form part of the larger philosophical project that Anscombe obviously intended the lecture to highlight. This Introduction motivates the Topical Collection, and introduces the various contributions against that background. (shrink)

In her seminal essay ‘Causality and Determination’, Elizabeth Anscombe very decidedly announced that “physical indeterminism” is “indispensable if we are to make anything of the claim to freedom”. But it is clear from that same essay that she extends the scope of that claim beyond freedom–she suggests that indeterminism is required already for animal self-movement. Building on Anscombe’s conception of causality and determinism, I will suggest that it extends even further: life as such already requires physical indeterminism. Furthermore, I show (...) that we can, on this basis, arrive at the idea of varieties of determinism, along with a corresponding variety of incompatibilist theses. From this Anscombean vantage point, the free will discussion takes on a quite different outlook. The question whether free agency can coexist with determinism on the level of blind physical forces, which preoccupies the philosopher of free will, turns out to conflate a whole series of compatibility questions: not just whether life is compatible with physical determinism, but also whether animal self-movement is compatible with ‘biological determinism’, and whether free agency is compatible with ‘animal determinism’. (shrink)