Incompatibilists believe free will is impossible if determinism is true, and they often claim that this view is supported by ordinary intuitions. We challenge the claim that incompatibilism is intuitive to most laypersons and discuss the significance of this challenge to the free will debate. After explaining why incompatibilists should want their view to accord with pretheoretical intuitions, we suggest that determining whether incompatibilism is in fact intuitive calls for empirical testing. We then present the results of our studies, which (...) put significant pressure on the claim that incompatibilism is intuitive. Finally, we consider and respond to several potential objections to our approach. (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. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, 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, 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—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. (shrink)

Mele's ultimate purpose in this book is to help readers think more clearly about free will. He identifies and makes vivid the most important conceptual obstacles to justified belief in the existence of free will and meets them head on. Mele clarifies the central issues in the philosophical debate about free will and moral responsibility, criticizes various influential contemporary theories about free will, and develops two overlapping conceptions of free will--one for readers who are convinced that free will is incompatible (...) with determinism (incompatibilists), and the other for readers who are convinced of the opposite (compatibilists). Luck poses problems for all believers in free will, and Mele offers novel solutions to those problems--one for incompatibilist believers in free will and the other for compatibilists. An early chapter of this empirically well-informed book clearly explains influential neuroscientific studies of free will and debunks some extravagant interpretations of the data. Other featured topics include abilities and alternative possibilities, control and decision-making, the bearing of manipulation on free will, and the development of human infants into free agents. Mele's theory offers an original perspective on an important problem and will garner the attention of anyone interested in the debate on free will. (shrink)

Control-based models of moral responsibility typically employ a notion of "tracing," according to which moral responsibility requires an exercise of control either immediately prior to the behavior in question or at some suitable point prior to the behavior. Responsibility, on this view, requires tracing back to control. But various philosophers, including Manuel Vargas and Angela Smith, have presented cases in which the plausibility of tracing is challenged. In this paper we discuss the examples and we argue that they do not (...) in fact impugn an attractive and natural tracing component. Our discussion can function in part as a defense of a control-based account of moral responsibility, but also as simply a defense of tracing. (shrink)

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)

In this article we survey six recent developments in the philosophical literature on free will and moral responsibility: (1) Harry Frankfurt's argument that moral responsibility does not require the freedom to do otherwise; (2) the heightened focus upon the source of free actions; (3) the debate over whether moral responsibility is an essentially historical concept; (4) recent compatibilist attempts to resurrect the thesis that moral responsibility requires the freedom to do otherwise; (5) the role of the control condition in free (...) will and moral responsibility, and finally (6) the debate centering on luck. (shrink)

In this paper, we do three things. First, we put forth a novel hypothesis about judgments of moral responsibility according to which such judgments are a species of explanatory judgments. Second, we argue that this hypothesis explains both some general features of everyday thinking about responsibility and the appeal of skeptical arguments against moral responsibility. Finally, we argue that, if correct, the hypothesis provides a defense against these skeptical arguments.

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)

This article distinguishes among and examines three different kinds of argument for the thesis that moral responsibility and free action are each incompatible with the truth of determinism: straight manipulation arguments; manipulation arguments to the best explanation; and original-design arguments. Structural and methodological matters are the primary focus.

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (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)

Our aim in this paper is to put the concept of moral responsibility under a microscope. At the lowest level of magnification, it appears unified. But Gary Watson has taught us that if we zoom in, we will find that moral responsibility has two faces: attributability and accountability. Or, to describe the two faces in different terms, there is a difference between being responsible and holding responsible. It is one thing to talk about the connection the agent has with her (...) action; it is quite another to talk about the potential interaction the agent might have with her moral community. It turns out, though, that the faces of moral responsibility can themselves be viewed under an even higher level of magnification. If moral responsibility has two faces, then our aim in this paper is to examine their features. To do so reveals subtle distinctions in our concept of moral responsibility and its interaction with surrounding issues that, we argue, can help illuminate various debates in the literature. (shrink)

We discuss recent work in experimental philosophy on free will and moral responsibility and then present a new study. Our results suggest an error theory for incompatibilist intuitions. Most laypersons who take determinism to preclude free will and moral responsibility apparently do so because they mistakenly interpret determinism to involve fatalism or “bypassing” of agents’ relevant mental states. People who do not misunderstand determinism in this way tend to see it as compatible with free will and responsibility. We discuss why (...) these results pose a challenge to incompatibilists. (shrink)

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

This paper is about an asymmetry in the justification of praising and blaming behaviour which free will theorists should acknowledge even if they do not follow Wolf and Nelkin in holding that praise and blame have different control conditions. That is, even if praise and blame have the same control condition, we must have stronger reasons for believing that it is satisfied to treat someone as blameworthy than we require to treat someone as praiseworthy. Blaming behaviour which involves serious harm (...) can only be justified if the claim that the target of blame acted freely cannot be reasonably doubted. But harmless praise can be justified so long as the claim that the candidate for praise did not act freely can be reasonably doubted. Anyone who thinks a debate about whether someone acted freely is truth-conducive has to acknowledge that reasonable doubt is possible in both these cases. (shrink)

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

From the first time I encountered the problem of free will in college, it struck me that a clear-eyed view of free will and moral responsibility demanded some form of nihilism. Libertarianism seemed delusional, and compatibilism seemed in bad faith. Hence I threw my lot in with philosophers like Paul d’Holbach, Galen Strawson, and Derk Pereboom who conclude that no one is truly moral responsible. But after two decades of self- identifying as a nihilist, it occurred to me that I (...) had continued to treat my friends. (shrink)

This article summarizes the moderate revisionist position I put forth in Four Views on Free Will and responds to objections to it from Robert Kane, John Martin Fischer, Derk Pereboom, and Michael McKenna. Among the principle topics of the article are (1) motivations for revisionism, what it is, and how it is different from compatibilism and hard incompatibilism, (2) an objection to the distinctiveness of semicompatibilism against conventional forms of compatibilism, and (3) whether moderate revisionism is committed to realism about (...) moral responsibility. (shrink)

Galen Strawson has published several versions of an argument to the effect that moral responsibility is impossible, whether determinism is true or not. Few philosophers have been persuaded by the argument, which Strawson remarks is often dismissed “as wrong, or irrelevant, or fatuous, or too rapid, or an expression of metaphysical megalomania.” I offer here a two-part explanation of why Strawson’s argument has impressed so few. First, as he usually states it, the argument is lacking at least one key premise. (...) The premise in question concerns the very point on which Strawson and many of his contemporary opponents disagree. Strawson will persuade these opponents only when he convinces them of the truth of this crucial premise. Second, Strawson employs a striking conception of responsibility that has not generally been remarked upon. Many might accept that responsibility so conceived is impossible. But there is very different conception of responsibility that appears of great importance to us. To be thoroughly convincing, Strawson will have to show either that this second conception is inadequate or that his argument goes through even given this alternative conception. (shrink)

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

The article presents the nature of shared intentions and collective responsibility in simultaneous discussion of individualism, which views that collective agents and shared intentions are to be analyzed in relation between individual agents who are members of the collectives. It discusses as well the agent meaning theory that states that an agent moves against the interpretive background of action evaluation shared by the agent and the moral community.

Abolitionism is the view that if no one is responsible, we ought to abandon the reactive attitudes. This paper defends abolitionism against the claim, made by P.F. Strawson and others, that abandoning these attitudes precludes the formation and maintenance of valuable personal relationships. These anti-abolitionists claim that one who abandons the reactive attitudes is unable to take personally others’ attitudes and actions regarding her, and that taking personally is necessary for certain valuable relationships. I dispute both claims and argue that (...) this objection exaggerates the role of the reactive attitudes and underestimates the importance of non-reactive moral emotions. (shrink)

Philosophy and Phenomenological Research, EarlyView.

If someone brings about an outcome without intending to, is she causally and morally responsible for it? What if she acts intentionally, but as the result of manipulation by another agent? Previous research has shown that an agent's mental states can affect attributions of causal and moral responsibility to that agent, but little is known about what effect one agent's mental states can have on attributions to another agent. In Experiment 1, we replicate findings that manipulation lowers attributions of responsibility (...) to manipulated agents. Experiments 2–7 isolate which features of manipulation drive this effect, a crucial issue for both philosophical debates about free will and attributions of responsibility in situations involving social influence more generally. Our results suggest that “bypassing” a manipulated agent's mental states generates the greatest reduction in responsibility, and we explain our results in terms of the effects that one agent's mental states can have on the counterfactual relations between another agent and an outcome. (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)

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

The majority of recent work on the moral standing to blame (the idea that A may be unable to legitimately blame B despite B being blameworthy) has focused on blamers who themselves are blameworthy. This is unfortunate, for there is much to learn about the standing to blame once we consider a broader range of cases. Doing so reveals that challenged standing is more expansive than previously acknowledged, and accounts that have privileged the fact that the blamers are themselves morally (...) culpable likely require revision. One such account figures in Patrick Todd’s (2012) argument for incompatibilism, which ostensibly depends on considerations involving the standing to blame. I believe this argument fails. But its failure is instructive, for it allows us to appreciate the numerous ways in which one’s blame can be morally problematic, and hence ways in which one’s standing to blame can be challenged. Thus, while one objective of this paper is to show why Todd’s argument fails, the larger aim is to use that argument to frame discussion of some important (and novel) ways in which the standing to blame can be compromised. (shrink)

Harry Frankfurt dramatically shaped the debates over freedom and responsibility by arguing that the sort of freedom germane to responsibility does not involve the freedom to do otherwise. His argument turns upon an example meant to disprove the Principle of Alternative Possibilities: A person is morally responsible for what she has done only if she could have done otherwise. Debate over Frankfurt's argument has turned almost exclusively on the success of the example meant to defeat it. But there is more (...) to Frankfurt's argument than the example in question, and this is not widely recognized. Inattention to these other aspects of Frankfurt's argument has distorted the force of it. In this paper I shall explore avenues for both refuting and advancing Frankfurt's argument that look beyond the examples. These further considerations invite us to think in broader terms about moral responsibility's nature and the sort of freedom required for it. (shrink)

The debate over whether Frankfurt-style cases are counterexamples to the principle of alternative possibilities has taken an interesting turn in recent years. Frankfurt originally envisaged his attack as an attempting to show that PAP is false—that the ability to do otherwise is not necessary for moral responsibility. To many this attack has failed. But Frankfurtians have not conceded defeat. Neo-Frankfurtians, as I will call them, argue that the upshot of Frankfurt-style cases is not that PAP is false, but that it (...) is explanatorily irrelevant. Derk Pereboom and David Hunt’s buffer cases are tailor made to establish this conclusion. In this paper I come to the aid of PAP, showing that buffer cases provide no reason for doubting either its truth or relevance with respect to explaining an agent’s moral responsibility. (shrink)

This paper argues for the replacement of the Principle of Alternate Possibilities by an alternative principle, the Principle of Possible Non-Performance, which it is argued represents an important improvement on the Principle of Alternate Possibilities in the context of Frankfurt-style examples. The suggestion that the principle offers only the possibility of something insufficiently 'robust' to supply a decent replacement to PAP is countered.

Control-based accounts of moral responsibility face a familiar problem. There are some actions which look like obvious cases of responsibility but which appear equally obviously to lack the requisite control. Drunk-driving cases are canonical instances. The familiar solution to this problem is to appeal to tracing. Though the drunk driver isn't in control at the time of the crash, this is because he previously drank to excess, an action over which he did plausibly exercise the requisite control. Tracing seeks to (...) show that an agent's responsibility for some outcome can be traced back to a prior exercise of control which caused the later lack of control. These and related cases have led many theorists to treat tracing as an indispensable component of any adequate theory of responsibility. This paper argues that tracing is in fact dispensable. I offer two strategies for explaining responsibility in drunk-driving cases : responsibility can either be exhaustively modeled on recklessness, or exhaustively modeled on negligence. Neither explanation, however, relies on tracing. If I'm right, the case for tracing is seriously weakened. (shrink)

I have presented a Frankfurt-style argument (Pereboom 2000, 2001, 2003) against the requirement of robust alternative possibilities for moral responsibility that features an example, Tax Evasion , in which an agent is intuitively morally responsible for a decision, has no robust alternative possibilities, and is clearly not causally determined to make the decision. Here I revise the criterion for robustness in response to suggestions by Dana Nelkin, Jonathan Vance, and Kevin Timpe, and I respond to objections to the argument by (...) Carlos Moya and David Widerker, in the process of which I refine the Tax Evasion example. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (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)

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

In this paper I attempt to respond to the worries of the source incompatibilist, and try to sketch a naturalistically plausible, compatibilist notion of self-authorship and control that I believe captures important aspects of the folk intuitions regarding freedom and responsibility. It is my hope to thus offer those moved by source incompatibilist worries a reason not to adopt what P.F. Strawson called “the obscure and panicky metaphysics of Libertarianism” (P. F. Strawson, 1982) or the panic-inducing moral austerity of the (...) hard incompatibilist (Pereboom, 2001). I am well aware that many great minds have sunk their teeth into this problem and have not prevailed, but at the very least, I hope to become clearer on where the sticking points are. (shrink)

.... The strategy I have defended involves drawing a distinction between those who can and cannot legitimately hold an agent responsible in circumstances when the agent is being covertly controlled (e.g. through implantation processes). What is intuitively unacceptable, I maintain, is that an agent should be held responsible or subject to reactive attitudes that come from another agent who is covertly controlling or manipulating him. This places some limits on who is entitled to take up the participant stance in relation (...) to agents who are rational self-controllers but nevertheless subject to covert control.26 In this way, what is compromised by conditions of covert control is not the responsibility of the agent as such. It is, rather, the participant stance of those other agents who covertly control him. Clearly it is possible to establish these specific limits on who can hold these agents responsible without denying that the agents themselves remain free and responsible. When we take this approach we will find that we are no longer faced with an unattractive choice between simply “biting the bullet” or having to “spit it out”. All we need to do is chew carefully, until there is nothing left that we find too hard to swallow. (shrink)

In this paper I offer from a source compatibilist's perspective a critical discussion of "Four Views on Free Will" by John Martin Fischer, Robert Kane, Derk Pereboom, and Manuel Vargas. Sharing Fischer's semi-compatibilist view, I propose modifications to his arguments while resisting his coauthors' objections. I argue against Kane that he should give up the requirement that a free and morally responsible agent be able to do otherwise (in relevant cases). I argue against Pereboom that his famed manipulation argument be (...) resisted by contending that the agents in it are free and responsible. And I also argue against Vargas by challenging the sense in which his revisionist thesis differs from a position like Fischer's and mine. I close by reflecting on the nature of desert. All seem to assume it is central to the debate, but what is it? (shrink)

In this article I develop several responses to my co-authors of Four Views on Free Will. In reply to Manuel Vargas, I suggest a way to clarify his claim that our concepts of free will and moral responsibility should be revised, and I question whether he really proposes to revise the notion of basic desert at stake in the debate. In response to Robert Kane, I examine the role the rejection of Frankfurt-style arguments has in his position, and whether his (...) criticism of my version of this argument is sound. In reply to John Fischer, I argue that the reasons-responsiveness central to his account of moral responsibility is not best characterized counterfactually, and I provide a suggestion for revision. (shrink)

Elsewhere, I proposed a libertarian-based account of freedom and moral blameworthiness which like Harry Frankfurt's 1969 account rejects the principle of alternative possibilities (which I call, Frankfurt-friendly libertarianism). In this paper I develop this account further (a) by responding to an important objection to it raised by Carlos Moya; (b) by exploring the question why, if unavoidability per se does not exonerate from blame, the Frankfurt-friendly libertarian is justified in exculpating an agent under determinism; (c) by arguing that some main (...) compatibilist alternatives to the account are unsatisfactory; and finally (d) by defending it against a general criticism of certain libertarian theories made by Derk Pereboom. (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)

We review several instances where cognitive research has identified distinct psychological mechanisms for moral judgment that yield conflicting answers to moral dilemmas. In each of these cases, the conflict between psychological mechanisms is paralleled by prominent philosophical debates between different moral theories. A parsimonious account of this data is that key claims supporting different moral theories ultimately derive from the psychological mechanisms that give rise to moral judgments. If this view is correct, it has some important implications for the practice (...) of philosophy. We suggest several ways that moral philosophy and practical reasoning can proceed in the face of discordant theories grounded in diverse psychological mechanisms. (shrink)

Proponents of modern Frankfurt-Style Counterexamples generally accept that we cannot construct successful FSCs in which there are no alternative possibilities present. But they maintain that we can construct successful FSCs in which there are no morally significant alternatives present and that such examples succeed in breaking any conceptual link between alternative possibilities and free will. I argue that it is not possible to construct an FSC that succeeds even in this weaker sense. In cases where any alternatives are clearly insignificant, (...) it does not appear at all obvious that the agent can be held responsible. Present popular FSCs include alternatives that are ambiguous in their significance, and when the examples are sharpened to remove this ambiguity, they lose their force. Moreover, the proponent of such examples faces a problem: We can easily construct scenarios in which any alternatives are obviously insignificant, and in such scenarios, we are not intuitively inclined to suppose the agent is responsible. The proponent of new FSCs must therefore distinguish any alternatives she includes from the sorts included in these scenarios. The difference must now be such that this helps to make it seem intuitively likely that the agent is responsible where the agent otherwise would not appear responsible, and these alternatives are irrelevant to any judgment about whether the agent is responsible. I maintain that it is impossible to achieve both of these goals at once. (shrink)

In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...) evidence is simply not there. In this paper I make two parallel points against a quarantine theory of criminal justice. First, the free will skeptic who would justify universal criminal quarantine is also faced with a burden of proof, the burden to establish to a similarly high level that no human being ever acts freely. Second, there is not sufficient evidence for that conclusion either. I believe that the quandary that this creates for criminal justice can be resolved by distinguishing the methods associated with a particular approach from the approach itself: if our choice is between the methods of punishment and the methods of quarantine, the methods that constitute punishment are, I would argue, morally preferable to those that constitute quarantine. (shrink)