Following P. F. Strawson, a number of philosophers have argued that if hard incompatibilism is true, then its truth would undermine the justification or value of our relationships with other persons. In this paper, I offer a novel defense of this claim. In particular, I argue that if hard incompatibilism is true, we cannot make sense of: the possibility of promissory obligation, the significance of consent, or the pro tanto wrongness of paternalistic intervention. Because these practices and normative commitments are (...) central to our relationships as we currently conceive of them, it follows that hard incompatibilism has radically revisionary conclusions. (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)

This paper examines recent attempts to revive a classic compatibilist position on free will, according to which having an ability to perform a certain action is having a certain disposition. Since having unmanifested dispositions is compatible with determinism, having unexercised abilities to act, it is held, is likewise compatible. Here it is argued that although there is a kind of capacity to act possession of which is a matter of having a disposition, the new dispositionalism leaves unresolved the main points (...) of dispute concerning free will. (shrink)

Free will, before being an object of beliefs or theories susceptible of verification, is the omnipresent supposition of our conscious life. This paper claims that this omnipresence, even though it is not enough to validate theoretically free will, entails two significant consequences. First, that free will is the essential presumption of our actions, without which they would become incomprehensible. Second, that all denial of this – a rational action in itself – presupposes that which is denied.

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)

Given dramatic increases in recent decades in the pace of scientific discovery and understanding of the functional organization of the brain, it is increasingly clear that engagement with the neuroscientific literature and research is central to making progress on philosophical questions regarding the nature and scope of human freedom and responsibility. While patterns of brain activity cannot provide the whole story, developing a deeper and more precise understanding of how brain activity is related to human choice and conduct is crucial (...) to the development of realistic, just, and intellectually rigorous models of human agency and moral responsibility. In this special issue, we acknowledge that “free will” and “moral responsibility” are not concepts with which neuroscience can directly engage, and instead focus on self-governance, and the capacities that contribute to self-governance, which are more tractable for scientific investigation and are prerequisites for the presence of moral responsibility. (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)

_ Source: _Page Count 27 This is an explication and defense of P. F. Strawson’s naturalist theory of free will and moral responsibility. I respond to a set of criticisms of the view by free will skeptics, compatibilists, and libertarians who adopt the _core assumption_: Strawson thinks that our reactive attitudes provide the basis for a rational justification of our blaming and praising practices. My primary aim is to explain and defend Strawson’s naturalism in light of criticisms based on the (...) core assumption. Strawson’s critiques of incompatibilism and free will skepticism are not intended to provide rational justifications for either compatibilism or the claim that some persons have free will. Hence, the charge that Strawson’s “arguments” are faulty is misplaced. The core assumption resting behind such critiques is mistaken. (shrink)

Keith Lehrer has been publishing on free will and compatiblism since 1960. Our concern here is to present an account of the development on his work on the subject.

Given the available evidence, I argue that we face considerable uncertainty about free will. In particular, I argue that the available philosophical evidence does not support being highly confident in our theories about the nature of free will, though this does not necessarily mean that we should suspend judgment about either incompatibilism or compatibilism. For those who accept incompatibilism, however, I argue that there is enough uncertainty about libertarian free will that they should suspend judgment about whether we are ever (...) free, if not reject free will entirely. While I do not claim that compatibilists should be similarly agnostic about the existence of free will, I argue that most compatibilist theories are subject to considerable uncertainty as well, so that most compatibilists should be agnostic about how often we act freely. I conclude with a brief discussion of how we might address these issues going forward. (shrink)

Skeptical worries about moral responsibility seem to be widely appreciated and deeply felt. To address these worries—if nothing else to show that they are mistaken—theories of moral responsibility need to relate to whatever concept of responsibility underlies the worries. Unfortunately, the nature of that concept has proved hard to pin down. Not only do philosophers have conflicting intuitions; numerous recent empirical studies have suggested that both prosaic responsibility judgments and incompatibilist intuitions among the folk are influenced by a number of (...) surprising factors, sometimes prompting apparently contradictory judgments. In this paper, we show how an independently motivated hypothesis about responsibility judgments provides a unified explanation of the more important results from these studies. According to this ‘Explanation Hypothesis’, to take an agent to be morally responsible for an event is to take a relevant motivational structure of the agent to be part of a significant explanation of the event. We argue that because of how explanatory interests and perspectives affect what we take as significant explanations, this analysis accounts for the puzzling variety of empirical results. If this is correct, the Explanation Hypothesis also provides a new way of understanding debates about moral responsibility. (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)

Free will and determinism have recently attracted the attention of Buddhist scholars who have defended conflicting views on this issue. I argue that there is no reason to think that this problem cannot arise in Buddhist philosophy, since there are two senses of ‘free will’ that are compatible with the doctrine of non-self. I propose a reconstruction of a problem of free will and determinism in Early Buddhism, given a) the assumption that Buddhist causation entails universal causal determinism, and b) (...) a crucial passage suggesting that Early Buddhism is committed to the principle of alternative possibilities which is arguably incompatible with a determinist interpretation of causation. This passage suggests that Early Buddhism must leave room for a robust, incompatibilist form of free will, and that a conception of indeterminist free will in the spirit of Robert Kane’s theory allows us to make sense of that notion. (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.

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)

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)

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)

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

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)

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)

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)

This thesis philosophically examines, critically discusses, and proposes how a plausible philosophical framework of consciousness and free will should be formulated. This framework takes into account contemporary scientific research on human consciousness and free will and its possible challenges; also it is examined how this framework should be related to theistic beliefs – especially those connected to human and divine consciousness and free will. First, an overview of important research within the natural sciences about the conscious mind is presented together (...) with its challenges to a theistic worldview. Next, questions related to reductive physicalism and dualism as a thesis and an antithesis are discussed. This dialectical approach leads to two lines for possible alternatives: emergence theories and process panpsychism. The subsequent analysis suggests that a form of process panpsychism in combination with a weaker form of emergence is most plausible. After a discussion of some central ideas about determinism and indeterminism, together with a brief overview of standard arguments within the philosophical free will debate, the proposed emergent process panpsychism is related to these standard arguments in the free will debate and scientific research about decision-making. As a result it will be suggested how free will should be understood in relation to the emergent process panpsychism. The consequences of these results are then discussed in relation to a theistic worldview. Here panentheism will be suggested as the most reasonable conception of God. Also, the consequences for divine consciousness, divine action and interaction, the human soul, life before birth and after death, and more briefly a personal relationship with God, theological determinism, omniscience, and omnipotence will be discussed specifically in relation to panentheism in an emergent process panpsychist setting. (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)

Many think that love would be a casualty of free will skepticism. I disagree. I argue that love would be largely unaffected if we came to deny free will, not simply because we cannot shake the attitude, but because love is not chosen, nor do we want it to be. Here, I am not alone; others have reached similar conclusions. But a few important distinctions have been overlooked. Even if hard incompatibilism is true, not all love is equal. Although we (...) have only minimal control over love, it can be more or less authentic. I develop my position by considering the fictional trope of love potions and the implications of a futuristic psychotropic, Lovezac—Viagra for the heart. But I am not as optimistic as some. Even though free will skepticism would not jeopardize love-the-feeling, there are reasons to think that loving relationships might not be immune. (shrink)

Although we can try to explain why we love, we can never justify our love. Love is neither based on reasons, nor responsive to reasons, nor can it be assessed for normative reasons. Love can be odd, unfortunate, fortuitous, or even sadly lacking, but it can never be appropriate or inappropriate. We may have reasons to act on our love, but we cannot justify our loving feelings. Shakespeare's Bottom is right: "Reason and love keep little company together now-a-days." Indeed, they (...) keep none and they never kept any: there are no justifying reasons for love. (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 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)

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)

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)

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)

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)

The present chapter is concerned with revisionism about free will. It begins by offering a new characterization of revisionist accounts and the way such accounts fit (or do not) in the familiar framework of compatibilism and incompatibilism. It then traces some of the recent history of the development of revisionist accounts, and concludes by remarking on some challenges for them.

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)

This essay will canvass recent philosophical discussion of accounts of human (free) agency that deploy a notion of agent causation . Historically, many accounts have only hinted at the nature of agent causation by way of contrast with the causality exhibited by impersonal physical systems. Likewise, the numerous criticisms of agent causal theories have tended to be highly general, often amounting to no more that the bare assertion that the idea of agent causation is obscure or mysterious. But in the (...) past decade, detailed accounts of agent causation have been offered (chiefly by Randolph Clarke and Timothy O’Connor), and they have occasioned more specific objections in turn. These recent accounts and objections to them will be my primary focus in what follows. But first I will identify two distinct motivations that have been advanced for adopting an agent causal approach to human agency and the ontological and metaphysical commitments common to any version of this approach. (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)