Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

I defend the principle of alternative possibilities against what are sometimes known as buffer cases, which are supposed by some to be counterexamples to the principle. I develop an existing problem with the claim that standard buffer cases are counterexamples to PAP, before responding to a recent attempt by Michael McKenna to modify the cases in a way that circumvents this problem. While McKenna’s strategy does avoid the problem, I argue that it faces a different difficulty. I conclude that buffer (...) cases pose no threat to PAP. (shrink)

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

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

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

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

For years, experimental philosophers have attempted to discern whether laypeople find free will compatible with a scientifically deterministic understanding of the universe, yet no consensus has emerged. The present work provides one potential explanation for these discrepant findings: People are strongly motivated to preserve free will and moral responsibility, and thus do not have stable, logically rigorous notions of free will. Seven studies support this hypothesis by demonstrating that a variety of logically irrelevant (but motivationally relevant) features influence compatibilist judgments. (...) In Study 1, participants who were asked to consider the possibility that our universe is deterministic were more compatibilist than those not asked to consider this possibility, suggesting that determinism poses a threat to moral responsibility, which increases compatibilist responding (thus reducing the threat). In Study 2, participants who considered concrete instances of moral behavior found compatibilist free will more sufficient for moral responsibility than participants who were asked about moral responsibility more generally. In Study 3a, the order in which participants read free will and determinism descriptions influenced their compatibilist judgments—and only when the descriptions had moral significance: Participants were more likely to report that determinism was compatible with free will than that free will was compatible with determinism. In Study 3b, participants who read the free will description first (the more compatibilist group) were particularly likely to confess that their beliefs in free will and moral responsibility and their disbelief in determinism influenced their conclusion. In Study 4, participants reduced their compatibilist beliefs after reading a passage that argued that moral responsibility could be preserved even in the absence of free will. Participants also reported that immaterial souls were compatible with scientific determinism, most strongly among immaterial soul believers (Study 5), and evaluated information about the capacities of primates in a biased manner favoring the existence of human free will (Study 6). These results suggest that people do not have one intuition about whether free will is compatible with determinism. Instead, people report that free will is compatible with determinism when desiring to uphold moral responsibility. Recommendations for future work are discussed. (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)

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)

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)

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 Luck Objection is an influential family of challenges to libertarianism. In recent years, discussions of the Luck Objection have reached an impasse of sorts. On one hand, existing responses to the objection have failed to satisfy libertarianism’s many critics. On the other hand, a growing number of libertarians seem unimpressed by existing formulations of the objection. To break the impasse, I present a two-stage version of the objection. The first stage has the limited objective of showing that supposed exercises (...) of free will resemble certain nonactions in being truly random outcomes. The second stage seeks to show that we aren’t morally responsible for supposed exercises of free will if they are truly random outcomes. The leading idea is that such actions, qua truly random outcomes of our prior mental states, don’t meet a plausible guidance requirement for morally responsible agency. (shrink)

Much recent work in neuroscience aims to shed light on whether we have free will. Can it? Can any science? To answer, we need to disentangle different notions of free will, and clarify what we mean by ‘empirical’ and ‘testable’. That done, my main conclusion is, duly interpreted: that free will is not a testable hypothesis. In particular, it is neither verifiable nor falsifiable by empirical evidence. The arguments for this are not a priori but rather are based on a (...) posteriori consideration of the relevant neuroscientific investigations, as well as on standard philosophy of science work on the notion of testability. (shrink)

I argue for a soft compatibilist theory of free will, i.e., such that free will is compatible with both determinism and indeterminism, directly opposite hard incompatibilism, which holds free will incompatible both with determinism and indeterminism. My intuitions in this book are primarily based on an analysis of meditation, but my arguments are highly syncretic, deriving from many fields, including behaviorism, psychology, conditioning and deconditioning theory, philosophy of language, philosophy of mind, simulation theory, etc. I offer a causal/functional analysis of (...) meta-mental control, or 'metacausality', cashed out in counterfactual terms, to solve what I call the easy problem of free will. (shrink)

I argue that if the claims Buddhist philosophy makes about meditation virtuosos are plausible, then Buddhism may rebut most of the strongest arguments for free will skepticism found in Western analytic philosophy, including the hard incompatiblist's argument (which combines the arguments for hard determinism, such as the consequence argument, with those for hard indeterminism, such as the randomness argument), Pereboom's manipulation argument, and Galen Strawson's impossibility argument. The main idea is that the meditation virtuoso can cultivate a level of mind (...) control that is impervious to the causal origins of her mental states, on the basis of which ability an account of free will may be erected, consistent with the claim that Buddhist enlightenment consists in some sort of radical conception of the ultimately impersonal nature of the agent. (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)

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

In this paper, I assess Derk Pereboom’s argument for the thesis that moral responsibility does not require the ability to do otherwise. I argue that the Frankfurt-style example Pereboom develops presupposes a prior act or omission which the agent was able to avoid. This undermines his argument. I propose a way for Pereboom to revise his example and thereby undercut this objection. Along the way, I also argue that Pereboom should supplement his account of what counts as a robust alternative—an (...) alternative of the sort that should matter to those who argue for an ability-to-do-otherwise condition on moral responsibility. (shrink)

Harry Frankfurt Journal of Philosophy, 66, 829–39 famously attacked what he called the principle of alternate possibilities. PAP states that being able to do otherwise is necessary for moral responsibility. He gave counterexamples to PAP known since then as “Frankfurt cases.” This paper sidesteps the enormous literature on Frankfurt cases while preserving some of our salient pretheoretical intuitions about the relation between alternate possibilities and moral responsibility. In particular, I introduce, explain, and defend a principle that has so far been (...) overlooked, namely, “the principle of doxastic moral asymmetry” : a rational agent, S, is morally responsible for an action that S performed, E, only if, when S did E, S justifiably believed either that E was closer to S’s most praiseworthy alternate possibility than it was to S’s most blameworthy alternate possibility, or that E was closer to S’s most blameworthy alternate possibility than it was to S’s most praiseworthy alternate possibility. (shrink)

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

It typically taken for granted that agents can be morally responsible for such things as, for example, the death of the victim and the capture of the murderer in the sense that one may be blameworthy or praiseworthy for such things. The primary task of a theory of moral responsibility, it is thought, is to specify the appropriate relationship one must stand to such things in order to be morally responsible for them. I argue that this common approach is problematic (...) because it attempts to explain the way in which an agent can be morally responsible for something that is external to her, the agent. Since, I argue, everything that matters for moral responsibility is internal to the agent, the accounts that emerge from this approach are committed to a particular form of moral luck. Instead, we should reject this form of moral luck, and with it, the possibility of moral responsibility for objects external to the agent. We are, I argue, morally responsible only for our inner willings. Thus, a form of internalism about moral responsibility is defended. (shrink)

It is commonly assumed that to educate means to control or guide a person’s acting and development. On the other hand, it is often presupposed that the addressees of education must be seen as being endowed with free will. The question raised in this paper is whether these two assumptions are compatible. It might seem that if the learner is free in her will, she cannot be educated; however, if she is successfully educated, then it is doubtful whether she can (...) be seen as free. Inspired by the current philosophical debate on the compatibility of free will and determinism, this paper spells out two versions of this dilemma. The first version relies on the idea that to be free means being the causal source of one’s actions. The second formulation refers to the notion of freedom as the ability to act otherwise than the way one actually acts. The solution to the dilemma that is developed in this paper, however, uses a third concept of free will—to be free means being able to act on reasons. (shrink)

In this paper I propose a way of characterizing human agency in terms of the concept of a two‐way power. I outline this conception of agency, defend it against some objections, and briefly indicate how it relates to free agency and to moral praise‐ and blameworthiness.

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

This article contends that recent attempts to construct Frankfurt-style cases (FSCs) are irrelevant to the debate over free will. The principle of alternate possibilities (PAP) states that moral responsibility requires indeterminism, or multiple possible futures. Frankfurt's original case purported to demonstrate PAP false by showing an agent can be blameworthy despite not having the ability to choose otherwise; however he admits the agent can come to that choice freely or by force, and thus has alternate possibilities. Neo-FSCs attempt to show (...) that alternate possibilities are irrelevant to explaining an agent's moral responsibility, but a successful Neo-FSC would be consistent with the truth of PAP, and thus is silent on the big metaphysical issues at the center of the free will debate. (shrink)

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

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)

Traditional compatibilism about free will is widely considered to be untenable. In particular, the conditional analysis of the ability to do otherwise appears to be subject to clear counterexamples. I will propose a new version of traditional compatibilism that provides a conditional account of both the ability to do otherwise and the ability to choose to do otherwise, and I will argue that this view withstands the standard objections to traditional compatibilism. For this, I will assume with incompatibilists that the (...) mere possession of a general ability to do otherwise is not sufficient for having the ability that is required for free will. This concession distinguishes the view from the traditional conditional analysis and from recent dispositional accounts of the ability to do otherwise, and we will see that this concession enables a straightforward response to the counterexamples. This, in turn, will play a crucial role in my response to the strongest version of the consequence argument for incompatibilism. (shrink)

“Frankfurt-style cases” are widely considered as having refuted the Principle of Alternate Possibilities by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy has recently argued that FSCs fail because our intuitions about cases involving counterfactual interveners are inconsistent, and this inconsistency is best explained by the fact that our intuitions about such cases are grounded in an internalist prejudice about the location of mental states and capacities. In response (...) to this challenge, we argue that there is no inconsistency in our intuitions about cases involving CIs, as soon as we draw the comparison properly, and that intuitions about such cases do not rest on an internalist prejudice, but on a more basic distinction between two kinds of dispositions. Additionally, we discus... (shrink)

Take determinism to be the thesis that for any instant, there is exactly one physically possible future, and understand incompatibilism regarding responsibility to be the view that determinism is incompatible with moral responsibility. Of the many different arguments that have been advanced for this view, the crux of a relatively traditional one is this: If determinism is true, then we lack alternatives. If we lack alternatives, then we can't be morally responsible for any of our behavior. Therefore, if determinism is (...) true, then we can't be morally responsible for any of our behavior. The second premise is a version of the principle of alternate possibilities : persons are morally responsible for what they have done only if they could have done otherwise. This principle, in conjunction with the assumptions that responsibility requires control, and that this control consists in the freedom to do otherwise, provides the vital bridge from the initial premise to the skeptical conclusion. Some incompatibilists, joining ranks with various compatibilists, have sought to reject this principle by invoking so-called ‘Frankfurt examples.’. (shrink)

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

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)

Compatibilism is the view that determinism is compatible with acting freely and being morally responsible. Incompatibilism is the opposite view. It is often claimed that compatibilism or incompatibilism is a natural part of ordinary social cognition. That is, it is often claimed that patterns in our everyday social judgments reveal an implicit commitment to either compatibilism or incompatibilism. This paper reports five experiments designed to identify such patterns. The results support a nuanced hybrid account: The central tendencies in ordinary social (...) cognition are compatibilism about moral responsibility, compatibilism about positive moral accountability, neither compatibilism nor incompatibilism about negative moral accountability, compatibilism about choice for actions with positive outcomes, and incompatibilism about choice for actions with negative or neutral outcomes. (shrink)

From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental Act. (...) The medical conditions for being sentenced to forensic psychiatric care are supposed to be the same as those for being admitted to involuntary psychiatric care. What these conditions are is not regulated in any law. For the guidance of the courts and others, there is a collection of examples in the government bill drafting the legislation in question. On the basis of these examples the content of the concept of severe mental disorder is chiselled out. However, the purposes of imposing penal law sanction and admitting someone to psychiatric care are not the same, and therefore the content of the concept severe mental disorder is bound to differ accordingly. Severe mental disorder is a legal concept that masks as a psychiatric one. In its applications in penal law, the court determines its content. But for the forensic psychiatrist it is more natural to interpret the term as a medical one. This creates a tension that has led to several controversies in recent criminal cases in Sweden. The best way to alleviate the situation is to discard the concept of severe mental disorder from criminal law. This will allow for a better separation of the roles of the psychiatrist and the court. (shrink)

Perhaps no one has written more extensively, more deeply, and more insightfully about determinism and freedom than Ted Honderich. His influence and legacy with regard to the problem of free will—or the determinism problem, as he prefers to frame it—looms large. In these comments I would like to focus on three main aspects of Honderich ’s work: his defense of determinism and its consequences for origination and moral responsibility; his concern that the truth of determinism threatens and restricts, but does (...) not eliminate, our life-hopes; and his attack on the traditional justifications for punishment. In many ways, I see my own defense of free will skepticism as the natural successor to Honderich ’s work. There are, however, some small differences between us. My goal in this paper is to clarify our areas of agreement and disagreement and to acknowledge my enormous debt to Ted. If I can also move him toward my own more optimistic brand of free will skepticism that would be great too. (shrink)

Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly will (...) have better social consequences, at a reduced overall cost, then the long prison sentences that are usually seen as required for social protection. (shrink)

In this paper I critically assess Derk Pereboom’s book, Free Will, Agency, and Meaning in Life. In it, I resist Pereboom’s manipulation argument for incompatibilism and his indictment of desert-based accounts of moral responsibility.

Random noise in the neurobiology of animals allows for the generation of alternative possibilities for action. In lower animals, this shows up as behavioral freedom. Animals are not causally predetermined by prior events going back in a causal chain to the origin of the universe. In higher animals, randomness can be consciously invoked to generate surprising new behaviors. In humans, creative new ideas can be critically evaluated and deliberated. On reflection, options can be rejected and sent back for “second thoughts” (...) before a final responsible decision and action. When the indeterminism is limited to the early stage of a mental decision, the later decision itself can be described as adequately determined. This is called the two-stage model, first the “free” generation of ideas, then an adequately determinism evaluation and selection process we call “will.”. (shrink)

In this encyclopedia entry I sketch the way contemporary theorists understand moral responsibility -- its varieties, its requirements, and its puzzles.

The compatibility of determinism and the ability to do otherwise has been implicitly assumed by many to be irrelevant to the viability of compatibilist responses to the manipulation argument for incompatibilism. I argue that this assumption is mistaken. The manipulation argument may be unsound. But even so, the manipulation argument, at the very least, undermines classical compatibilism, the view that free will requires the ability to do otherwise, and having that ability is compatible with determinism. This is because classical compatibilism, (...) in conjunction with any type of reply to the manipulation argument, has counterintuitive implications. In order to avoid such implications, we need not hold that determinism is incompatible with moral responsibility. But we must hold that determinism is incompatible with the ability to do otherwise. (shrink)

Nearly all defences of the agent-causal theory of free will portray the theory as a distinctively libertarian one — a theory that only libertarians have reason to accept. According to what I call ‘the standard argument for the agent-causal theory of free will’, the reason to embrace agent-causal libertarianism is that libertarians can solve the problem of enhanced control only if they furnish agents with the agent-causal power. In this way it is assumed that there is only reason to accept (...) the agent-causal theory if there is reason to accept libertarianism. I aim to refute this claim. I will argue that the reasons we have for endorsing the agent-causal theory of free will are nonpartisan. The real reason for going agent-causal has nothing to do with determinism or indeterminism, but rather with avoiding reductionism about agency and the self. As we will see, if there is reason for libertarians to accept the agent-causal theory, there is just as much reason for compatibilists to accept it. It is in this sense that I contend that if anyone should be an agent-causalist, then everyone should be an agent-causalist. (shrink)

At the most general level, "manipulation" refers one of many ways of influencing behavior, along with (but to be distinguished from) other such ways, such as coercion and rational persuasion. Like these other ways of influencing behavior, manipulation is of crucial importance in various ethical contexts. First, there are important questions concerning the moral status of manipulation itself; manipulation seems to be mor- ally problematic in ways in which (say) rational persuasion does not. Why is this so? Furthermore, the notion (...) of manipulation has played an increasingly central role in debates about free will and moral responsibility. Despite its significance in these (and other) contexts, however, the notion of manipulation itself remains deeply vexed. I would say notoriously vexed, but in fact direct philosophical treatments of the notion of manipulation are few and far between, and those that do exist are nota- ble for the sometimes widely divergent conclusions they reach concerning what it is. I begin by addressing (though certainly not resolving) the conceptual issue of how to distinguish manipulation from other ways of influencing behavior. Along the way, I also briefly address the (intimately related) question of the moral status of manipulation: what, if anything, makes it morally problematic? Then I discuss the controversial ways in which the notion of manipulation has been employed in contemporary debates about free will and moral responsibility. (shrink)

A large portion of philosophy done in the Western analytic tradition attempts to provide conceptual analyses which are tested by examples that elicit intuitions. These intuitions are, in turn, used as evidence either for or against a given analysis. In recent years, there has been much discussion of the uses of intuitions from empirically minded philosophers and psychologists. The basic strategy is to discover empirically how “normal” folks think about certain topics in philosophy. This application of folk intuitions to philosophy (...) branches into roughly two basic approaches. The first is an attempt to show that in given domains, folk intuitions are not very reliable sources of evidence; hence, we have good reason to think that philosophers' intuitions are also not reliable sources of evidence in that domain. The second approach attempts to determine what folk concepts are. Once folk concepts are analyzed, they are then argued to be relevant to philosophical debates. My guiding question for this dissertation is the following one: Why should philosophers care about folk intuitions? One answer is that we should want some philosophical analyses to be grounded in everyday concepts. I argue that there are presently no adequate a priori arguments for the reliability of philosophical intuitions in some philosophically relevant areas. Whether intuitions are reliable enough to ground philosophical analyses is an empirical question. I review four domains where ordinary concepts have been argued to ground philosophical theorizing: (1) epistemology, (2) ethics, (3) free will, and (4) action theory. I argue that the available evidence suggests that we should be skeptical of intuitions in philosophy—but that skepticism does not entail radical skepticism. That is, the empirical studies reveal a wide variety of results which on the surface indicate that intuitions are not reliable (e.g., order effects or framing effects). However, I argue that these seeming instabilities are actually the results of stable differences in different groups of people. Hence, I argue that intuitions are stable in a surprising way—that different groups of people have stable intuitions. This intuition stability, while not the kind of monolithic stability many philosophers might desire, is argued to be sufficient to ground philosophical analyses in these domains. (shrink)

In this essay, I argue for the rejection of Vihvelin's ‘Three-fold Classification’ , a nonstandard taxonomy of free-will compatibilism, incompatibilism, and impossibilism. Vihvelin is right that the standard taxonomy of these views is inadequate, and that a new taxonomy is needed to clarify the free-will debate. Significantly, Vihvelin notes that the standard formal definition of ‘incompatibilism’ does not capture the historically popular view that deterministic laws pose a threat to free will. Vihvelin's proposed solution is to redefine ‘incompatibilism.’ However, Vihvelin's (...) formal definition of ‘incompatibilism’ is flawed according to her own arguments. In addition, Vihvelin's characterization of ‘compatibilism’ is incomplete, and at least two important free-will views are missing from her proposed taxonomy. Given the problems with Vihvelin's arguments for 3-FC, her novel view of the dialectic between the major free-will views lacks support. (shrink)

In this paper, we argue that hard incompatibilism imperils a typical component of loving relations —lovable behavior—if it imperils moral praiseworthiness. We propose that to be lovable behavior, the behavior must exemplify the property of being commendable (the property of being praiseworthy from the standpoint of love), in contrast to being morally praiseworthy (praiseworthy from the point of view of moral duty). But if hard incompatibilism undermines moral praiseworthiness, then it just as surely undermines commendability. Thus, hard incompatibilism imperils a (...) crucial component of loving relationships. (shrink)

It seems plausible that (i) how much punishment a person deserves cannot be affected by the mere existence or nonexistence of another person. We might have also thought that (ii) how much punishment is deserved cannot increase merely in virtue of personal division. I argue that (i) and (ii) are inconsistent with the popular belief that, other things being equal, when people culpably do very wrong or bad acts, they ought to be punished for this—even if they have repented, are (...) now virtuous, and punishing them would benefit no one. Insofar as we cannot deny (i), we are either forced to abandon the popular belief in desert, or else allow that personal division could, as I put it, “multiply desert.” Some may not find the latter, considered by itself, troubling. But I argue that the thesis that division multiplies desert faces a potentially serious problem, which arises in the context of personal fusion. It is difficult to see how to maintain a particular family of desert views in light of the cases here presented. (shrink)

I examine Manuel Vargas's revisionist justification for continuing with our responsibility-characteristic practices in the absence of basic desert. I query his claim that this justification need not depend on how we settle questions about the content of morality, arguing that it requires us to reject the Kantian principle that prohibits treating anyone merely as a means. I maintain that any convincing argument against this principle would have to be driven by concerns that arise within the sphere of moral theory itself, (...) whereas Vargas's argument draws solely on concerns about the expensive metaphysics involved in a libertarian conception of freedom. I argue that this amounts not just to changing the concept of free will by stipulation, but also (more problematically) to changing our moral principles by stipulation. (shrink)

Event-causal libertarians maintain that an agent’s freely bringing about a choice is reducible to states and events involving him bringing about the choice. Agent-causal libertarians demur, arguing that free will requires that the agent be irreducibly causally involved. Derk Pereboom and Meghan Griffith have defended agent-causal libertarianism on this score, arguing that since on event-causal libertarianism an agent’s contribution to his choice is exhausted by the causal role of states and events involving him, and since these states and events leave (...) it open which decision he will make, he does not settle which decision occurs, and thus “disappears.” My aim is to explain why this argument fails. In particular, I demonstrate that event-causal libertarians can dismantle the argument by enriching the reductive base in their analysis of free will to include a state that plays the functional role of the self-determining agent and with which the agent is identified. (shrink)

Compatibilists disagree over whether there are historical conditions on moral responsibility. Historicists claim there are, whilst structuralists deny this. Historicists motivate their position by claiming to avoid the counter-intuitive implications of structuralism. I do two things in this paper. First, I argue that historicism has just as counter-intuitive implications as structuralism when faced with thought experiments inspired by those found in the personal identity literature. Hence, historicism is not automatically preferable to structuralism. Second, I argue that structuralism is much more (...) plausible once we accept that personal identity is irrelevant to moral responsibility. This paves the way for a new structuralist account that makes clear what it takes to be the diachronic ownership condition (which is normally taken to be personal identity) and the locus of moral responsibility (which is normally taken to be ‘whole’ person), and helps to alleviate the intuitive unease many have with respect to structuralism. (shrink)