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)

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

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

Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) rules which constitute valid performance of conventional activities. In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law. From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article. (shrink)

Traditional views about God and about deliberation seem to imply that we need a deliberation restriction on the concept of divine omniscience. I will argue, however, that this deliberation restriction is both irrelevant and unnecessary. It is irrelevant because there is no time at which God needs to deliberate; and it is unnecessary because even if God does deliberate, it’s possible for him to do so while knowing what the results of that deliberation will be. And because this possibility of (...) deliberating despite knowing the results holds for deliberation in general, my argument provides useful (and perhaps surprising) results not only for discussions of the divine attributes, but also for broader discussions of deliberation itself. (shrink)

According to the principle of alternative possibilities (PAP), a person is morally responsible for what he has done only if he could have done otherwise. Pereboom (Living without free will, Cambridge University Press, Cambridge, 2001, Midwest Studies in Philosophy 29:228–247, 2005) has developed an influential version of a Frankfurt case, known as “Tax Evasion,” which he believes is a counterexample to PAP. Ginet (Journal of Ethics 6:305–309, 2002) raises a key objection against Pereboom’s case, known as “the timing objection.” The (...) main claim of the timing objection is that we need to pay close attention to the precise time at which people act in order to determine what they can, and cannot, be morally responsible for. Recently, Pereboom (The philosophy of free will, Oxford University Press, New York, 2012) has defended his position against this objection by developing a new Frankfurt case called “Tax Cut.” In this paper, I assess this new development. I argue that Tax Cut is just as vulnerable to the timing objection as Pereboom’s original case, Tax Evasion. Thus, Pereboom’s response to the timing objection fails, leaving PAP intact from the threat of both of his Frankfurt cases. Along the way, I further motivate and develop the timing objection, and explore the distinction between derivative and non-derivative responsibility. (shrink)

According to the principle of alternative possibilities (PAP), a person is morally responsible for what he has done only if he could have done otherwise. In what follows, I want to defend this principle against an apparent counterexample offered recently by Derk Pereboom (Living without free will, 2001; Midwest Studies in Philosophy, 29: 228-247, 2005). Pereboom's case, a variant of what are known as Trankfurt cases,' is important for it attempts to overcome a dilemma posed for earlier alleged counterexamples to (...) PAP. However, I will argue that by paying closer attention to the details of Pereboom's example, we see that his example fails to show a way between the horns of the dilemma posed for the earlier Frankfurt examples. (shrink)

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

According to the principle of alternative possibilities (PAP), people are morally responsible for what they do only if they could have done otherwise. Over the last few decades, this principle has dominated discussions of free will and moral responsibility. One important strand of this discussion concerns the Frankfurt-type cases or Frankfurt cases, originally developed by Frankfurt (J Philos 66:829–839, 1969), which are alleged counterexamples to PAP. One way in which proponents of PAP have responded to these purported counterexamples is by (...) arguing that they fall prey to a dilemma, both horns of which undermine their cogency. Recently, Fischer (Philos Rev 119: 315–336, 2010) has defended the Frankfurt cases against one horn of this dilemma. In this essay, I criticize Fischer’s defense of the Frankfurt cases and argue that he does not successfully show how the cases can avoid this horn of the dilemma. If I am right, then, despite Fischer’s claims to the contrary, the original dilemma plaguing the cases still stands. (shrink)

Frankfurt-Style Cases (FSCs) seem to elicit the intuitive judgment that an agent is morally responsible despite being unable to act otherwise, which is supposed to falsify the Principle of Alternative Possibility (PAP). Recent empirical studies have shown that the inclination toward this intuitive judgment is shared among people, which seems to reinforce the argument against the PAP. However, some scholars have argued for Descriptive Anti-Intuitionism (DAI) — intuitive judgments have never played an evidential role in philosophy — and thus denied (...) the philosophical significance of such empirical findings. I point out that although DAI fails in its literal claim for FSCs, an associated insight remains potent: an intuitive judgment is so fragile that it can be easily defeated by further arguments. Nevertheless, I argue, empirical studies are significant in uncovering the general principles to which we are committed in our practice concerning moral responsibility. I clarify how such findings can play a robust evidential role in philosophical debates concerning moral responsibility by tracing the literature written by Frankfurt and philosophers. (shrink)

Libertarians oppose coercion and champion a free-market society. Are these two commitments, as libertarians claim, wholly consistent with one another, or is there, by contrast, a tension between them? This paper defends the latter view. Replying to an article by Gordon Barnes, the paper casts doubts on the success of an argument aimed at establishing that, while coercion is justice-disrupting, all non-coercive but forced transactions that occur in a free market are justice-preserving.

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)

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)

In rejecting the Principle of AlternatePossibilities (PAP), Harry Frankfurt makes useof a special sort of counterfactual of thefollowing form: ``he wouldn''t have doneotherwise even if he could have''''. Recently,other philosophers (e.g., Susan Hurley (1999,2003) and Michael Zimmerman (2002)) haveappealed to a special class of counterfactualsof this same general form in defending thecompatibility of determinism andresponsibility. In particular, they claim thatit can be true of agents that even if they aredetermined, and so cannot do otherwise, theywouldn''t have done otherwise even if (...) they couldhave. Using as a central case an argument ofSusan Hurley''s, I point out that thecounterfactuals in question are both``interlegal'''' and ``indeterministic'''', and I raisedoubts about whether this special class ofcounterfactuals have clear truth conditions. Finally I suggest that acknowledging thesepoints leads to an appreciation of the realstrength of Frankfurt-style examples. (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)

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)

The claim that common sense regards free will and moral responsibility as compatible with determinism has played a central role in both analytic and experimental philosophy. In this paper, we show that evidence in favor of this “natural compatibilism” is undermined by the role that indeterministic metaphysical views play in how people construe deterministic scenarios. To demonstrate this, we re-examine two classic studies that have been used to support natural compatibilism. We find that although people give apparently compatibilist responses, this (...) is largely explained by the fact that people import an indeterministic metaphysics into deterministic scenarios when making judgments about freedom and responsibility. We conclude that judgments based on these scenarios are not reliable evidence for natural compatibilism. (shrink)

Theories of free will are often measured against how well they capture everyday intuitions about free will. But what are these everyday intuitions, and what theoretical commitments do they express? Empirical methods have delivered mixed messages. In response, some free will theorists have developed error theories to undermine the credentials of countervailing intuitions. These efforts are predicated on the idea that people might misunderstand determinism in any of several ways. This paper sheds light on the comprehension problem. We first discuss (...) recent efforts to explain systematic errors in how people interpret determinism. Then, we present the alarming results of two new preregistered studies exploring three types of comprehension failure: (a) epiphenomenal bypassing, (b) fatalistic bypassing, and (c) indeterministic intrusion. Our findings suggest that misunderstanding runs deeper than others have supposed. This casts doubt on existing models of commonsense thinking about free will. Unless and until researchers properly control for the kinds of misunderstandings we identify, research on free will intuitions cannot shed light on whether ordinary thinking reflects commitments to compatibilism or incompatibilism. (shrink)

During the past two decades, an interest among philosophers in fictitious and illusory beliefs has sprung up in fields ranging anywhere from mathematics and modality to morality.1 In this paper, we focus primarily on the view that Saul Smilansky has dubbed “free will illusionism”—i.e., the purportedly descriptive claim that most people have illusory beliefs concerning the existence of libertarian free will, coupled with the normative claim that because dispelling these illusory beliefs would produce negative personal and societal consequences, those of (...) us who happen to know the dangerous and gloomy truth about the non-existence of libertarian free will should simply keep quiet in the name of the common good. (shrink)

The debate between compatibilists and incompatibilists depends in large part on what ordinary people mean by ‘free will’, a matter on which previous experimental philosophy studies have yielded conflicting results. In Nahmias, Morris, Nadelhoffer, and Turner (2005, 2006), most participants judged that agents in deterministic scenarios could have free will and be morally responsible. Nichols and Knobe (2007), though, suggest that these apparent compatibilist responses are performance errors produced by using concrete scenarios, and that their abstract scenarios reveal the folk (...) theory of free will for what it actually is—incompatibilist. Here, we argue that the results of two new studies suggest just the opposite. Most participants only give apparent incompatibilist judgments when they mistakenly interpret determinism to imply that agents’ mental states are bypassed in the causal chains that lead to their behavior. Determinism does not entail bypassing, so these responses do not reflect genuine incompatibilist intuitions. When participants understand what determinism does mean, the vast majority take it to be compatible with free will. Further results indicate that most people’s concepts of choice and the ability to do otherwise do not commit them to incompatibilism, either, putting pressure on incompatibilist arguments that rely on transfer principles, such as the Consequence Argument. We discuss the implications of these findings for philosophical debates about free will, and suggest that incompatibilism appears to be either false, or else a thesis about something other than what most people mean by ‘free will’. (shrink)

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

Research on moral responsibility and the related problem of free will is among the liveliest areas in contemporary analytical philosophy. Traditionally, these problems have been dealt with in conne...

I recently argued that reductive physicalist versions of libertarian free will face a physical indeterminism luck objection. John Lemos claims that one potential advocate of reductive physicalist libertarianism, Robert Kane, avoids this physical indeterminism luck objection. I here show how the problem remains.

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action occurs or (...) not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

We propose an original response to Derk Pereboom’s four-case manipulation argument. This response combines a hard-line and a soft-line. Like hard-liners, we insist that the manipulated agent is blameworthy for his wrongdoing. However, like soft-liners, we maintain that there is a difference in blameworthiness between the manipulated agent and the non-manipulated one. The former is less blameworthy than the latter. This difference is due to the fact that it is more difficult for the manipulated agent to do the right thing. (...) We explain how we can make sense of this notion of difficulty in terms of Fischer and Ravizza’s notion of reasons-responsiveness. (shrink)

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)

Abolitionism is the view that if no one is responsible, then we ought to abandon the reactive attitudes. Proponents suggest that reactive attitudes can be replaced in our emotional repertoire by non-reactive analogues. In this paper, I dispute and reject a common challenge to abolitionism according to which the reactive attitudes are necessary for protesting unfairness and maintaining social harmony. While other abolitionists dispute the empirical basis of this objection, I focus on its implications. I argue that even if non-reactive (...) analogues cannot perform the interpersonal and social functions of reactive attitudes, it does not follow that the losses of abandoning them outweigh the gains of retaining them. The force of the challenge rests on a mistake, identified by John Stuart Mill among others, that is common when evaluating entrenched social practices. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

*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)

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)

A link between mental disorder and freedom is clearly present in the introduction of the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). It mentions “an important loss of freedom” as one of the possible defining features of mental disorder. Meanwhile, it remains unclear how “an important loss of freedom” should be understood. In order to get a clearer view on the relationship between mental disorder and (a loss of) freedom, in this article, I will explore (...) the link between mental disorder and free will. I examine two domains in which a connection between mental disorder and free will is present: the philosophy of free will and forensic psychiatry. As it turns out, philosophers of free will frequently refer to mental disorders as conditions that compromise free will and reduce moral responsibility. In addition, in forensic psychiatry, the rationale for the assessment of criminal responsibility is often explained by referring to the fact that mental disorders can compromise free will. Yet, in both domains, it remains unclear in what way free will is compromised by mental disorders. Based on the philosophical debate, I discuss three senses of free will and explore their relevance to mental disorders. I conclude that in order to further clarify the relationship between free will and mental disorder, the accounts of people who have actually experienced the impact of a mental disorder should be included in future research. (shrink)

In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and that mental disorders can compromise free will. In fact, because of the alleged relationship between the forensic assessment and free will, researchers in forensic psychiatry also consider the (...) complicated metaphysical discussions on free will relevant to the assessment. At the same time, there is concern about the lack of advancement with respect to clarifying the nature of the forensic assessment. In this paper I argue that, even if free will is considered relevant, there may be no need for forensic researchers to engage into metaphysical discussions on free will in order to make significant progress. I will do so, drawing a parallel between the assessment of criminal responsibility on the one hand, and the medical practice of obtaining informed consent on the other. I argue that also with respect to informed consent, free will is considered relevant, or even crucial. This is the parallel. Yet, researchers on informed consent have not entered into metaphysical debates on free will. Meanwhile, research on informed consent has made significant progress. Based on the parallel with respect to free will, and the differences with respect to research, I conclude that researchers on forensic assessment may not have to engage into metaphysical discussions on free will in order to advance our understanding of this psychiatric practice. (shrink)

Suppose that time t is just a few moments from now. And suppose that the proposition that Jones sits at t was true a thousand years ago. Does the thousand-years-ago truth of that proposition imply that Jones's upcoming sitting at t will not be free? This article argues that it does not. It also argues that Jones even now has a choice about the thousand-years-ago truth of that Jones sits at t . Those arguments do not require the complex machinery (...) of Ockhamism, with its distinction between hard facts and soft facts; indeed, those arguments do not require any complex machinery at all. Instead, those arguments are built on an uncontroversial understanding of the idea that truth depends on the world. In the final section of the article, those arguments are extended to show that foreknowledge of an action does not threaten that action's freedom. (shrink)

It is often argued that higher-level special-science properties cannot be causally efficacious since the lower-level physical properties on which they supervene are doing all the causal work. This claim is usually derived from an exclusion principle stating that if a higher-level property F supervenes on a physical property F* that is causally sufficient for a property G, then F cannot cause G. We employ an account of causation as difference-making to show that the truth or falsity of this principle is (...) a contingent matter and derive necessary and sufficient conditions under which a version of it holds. We argue that one important instance of the principle, far from undermining non-reductive physicalism, actually supports the causal autonomy of certain higher-level properties. (shrink)

To what extent should an analysis of an agent’s being morally responsible for an action that he performed—especially a compatibilist analysis of this—be sensitive to the agent’s history? In this article, I give the issue a clearer focus than it tends to have in the literature, I lay some groundwork for an attempt to answer the question, and I motivate a partial but detailed answer.

Typical incompatibilists about moral responsibility and determinism contend that being basically morally responsible for a decision one makes requires that, if that decision has proximal causes, it is not deterministically caused by them. This article develops a problem for this contention that resembles what is sometimes called the problem of present (or cross-world) luck. However, the problem makes no reference to luck nor to contrastive explanation. This article also develops a solution.

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.

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)

This article’s aim is to shed light on direct control, especially as it pertains to free will. I sketch two ways of conceiving of such control. Both sketches extend to decision making. Issues addressed include the problem of present luck and the relationship between direct control and complete control.

Peter van Inwagen contends that nonresponsibility transfers across deterministic relations. Suppose it does. If the facts of the past and the laws of nature entail every truth about what one does, and no one is even in part morally responsible for the past and the laws, then no one is even in part morally responsible for what one does. This argument, the Direct Argument, has drawn various critics, who have attempted to produce counterexamples to its core inference principle. This article (...) considers two notable efforts, one by John Martin Fischer and Mark Ravizza and another by David Widerker. It shows that neither is sufficient to reject the Direct Argument. The article then proceeds to challenge the argument in a novel fashion. Van Inwagen has not given us good reason to think that the principle in question has an adequate anchor in our inferential practices, especially in light of the dialectical context with the compatibilist. Hence, it is not the compatibilists' burden to produce counterexamples to it. Rather, it is van Inwagen's burden to produce relevant confirming instances of it. (shrink)

Patrick Todd has recently fashioned a novel argument for incompatibilism, the Moral-Standing Zygote Argument. Todd considers much-discussed cases in which a manipulator causes an agent in a deterministic scenario to act morally wrongly from compatibilist-friendly conditions for freedom and moral responsibility. The manipulator, Todd contends, does not have the standing to blame the manipulated agent, and the best explanation for this is that incompatibilism is true. This is why the manipulated agent is not blameworthy. In this paper, I counter Todd (...) on behalf of the compatibilist, arguing that the best explanation for the manipulator's lack of moral standing to blame is due to the manipulator's intending to cause the manipulated agent to do wrong. (shrink)

Manipulation arguments for incompatibilism all build upon some example or other in which an agent is covertly manipulated into acquiring a psychic structure on the basis of which she performs an action. The featured agent, it is alleged, is manipulated into satisfying conditions compatibilists would take to be sufficient for acting freely. Such an example used in the context of an argument for incompatibilism is meant to elicit the intuition that, due to the pervasiveness of the manipulation, the agent does (...) not act freely and is not morally responsible for what she does. It is then claimed that any agent's coming to be in the same psychic state through a deterministic process is no different in any relevant respect from the pertinent manner of manipulation. Hence, it is concluded that compatibilists' proposed sufficient conditions for free will and moral responsibility are inadequate, and that free will and moral responsibility are incompatible with determinism. One way for compatibilists to resist certain manipulation arguments is by appealing to historical requirements that, they contend, relevant manipulated agents lack. While a growing number of compatibilists advance an historical thesis, in this paper, I redouble my efforts to show, in defense of nonhistorical compatibilists like Harry Frankfurt, that there is still life left in a nonhistorical view. The historical compatibilists, I contend, have fallen shy of discrediting their nonhistorical compatibilist rivals. (shrink)