It is common to ascribe agency to some organized collectives, such as corporations, courts, and states, and to treat them as loci of responsibility, over and above their individual members. But since responsibility is often assumed to require free will, should we also think that group agents have free will? Surprisingly, the literature contains very few in-depth discussions of this question. The most extensive defence of corporate free will that I am aware of (Hess [2014], “The Free Will of Corporations (...) (and Other Collectives)”, Philosophical Studies 168 (1): 241–260) rests on a compatibilist understanding which takes reasons-responsiveness and acting from one’s own ‘actional springs’ as key conditions for free will but says little about a condition that free-will libertarians emphasize: the possibility of doing otherwise. In this paper, I will argue that group agents can have free will not only in a (less demanding) compatibilist sense, but also in a recognizably libertarian sense, which includes the possibility of doing otherwise. In developing this account of corporate free will, I will bring together recent work on group agency and recent work on free will. (shrink)

ABSTRACT Recently, many authors have argued that claims about determinism and free will are situated on different levels of description and that determinism on one level does not rule out free will on another. This paper focuses on Christian List’s version of this basic idea. It will be argued for the negative thesis that List’s account does not rule out the most plausible version of incompatibilism about free will and determinism and, more constructively, that a level-based approach to free will (...) has better chances to meet skeptical challenges if it is guided by reasoning at the moral level – a level that has not been seriously considered so far by proponents of this approach. (shrink)

In a recent essay, Deery and Nahmias :1255–1276, 2017) utilize interventionism about causation to develop an account of causal sourcehood in order to defend compatibilism about free will and moral responsibility from manipulation arguments. In this paper, we criticize Deery and Nahmias’s analysis of sourcehood by drawing a distinction between two forms of causal invariance that can come into conflict on their account. We conclude that any attempt to resolve this conflict will either result in counterintuitive attributions of moral responsibility (...) or will undermine their response to manipulation arguments. (shrink)

The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show the (...) insanity defense is applicable; it must also be shown that, as a result of the illness, specific deficits in moral understanding or control are present. In this paper, we show that a diagnosis of psychopathy will generally not indicate that a defendant is eligible for an insanity defense. This is because the group of individuals subsumed under the diagnosis is so heterogeneous that while some psychopaths do show significant impairments in affect and control which may impact on their responsibility, many psychopaths are not incapacitated in a way relevant to responsibility. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Supervenient libertarianism maintains that indeterminism may exist at a supervening agency level, consistent with determinism at a subvening physical level. It seems as if this approach has the potential to break the longstanding deadlock in the free will debate, since it concedes to the traditional incompatibilist that agents can only do otherwise if they can do so in their actual circumstances, holding the past and the laws constant, while nonetheless arguing that this ability is compatible with physical determinism. However, we (...) argue that supervenient libertarianism faces some serious problems, and that it fails to break us free from this deadlock within the free will debate. (shrink)

A “contrastive explanation” explains not only why some event A occurred, but why A occurred as opposed to some alternative event B. Some philosophers argue that agents could only be morally responsible for their choices if those choices have contrastive explanations, since they would otherwise be “luck infested”. Assuming that contrastive explanations cannot be offered for causally undetermined events, this requirement entails that no one could be held responsible for a causally undetermined choice. Such arguments challenge incompatibilism, since they entail (...) that causal determinism is a prerequisite for moral responsibility. However, I argue that for a significant class of choices, even if we stipulate that they are determined, we will be unable to provide a relevant contrastive explanation. Hence causal determinism is no remedy for luck infestation, and compatibilists do not fare much better than incompatibilists in the face of this requirement. This should serve to weaken its philosophical appeal. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

We use recent interventionist theories of causation to develop a compatibilist account of causal sourcehood, which provides a response to Manipulation Arguments for the incompatibility of free will and determinism. Our account explains the difference between manipulation and determinism, against the claim of Manipulation Arguments that there is no relevant difference. Interventionism allows us to see that causal determinism does not mean that variables outside of the agent causally explain her actions better than variables within the agent, whereas the causal (...) source of a manipulated agent’s actions instead lies outside of the agent in the intentions of the manipulator. As a result, determined agents can have free will and be morally responsible in a way that manipulated agents cannot, contrary to what Manipulation Arguments conclude. In this way, our account demonstrates not only how Manipulation Arguments fail but also how compatibilism can be strengthened by means of a plausible account of causal sourcehood. (shrink)

We offer a critical assessment of the “exclusion argument” against free will, which may be summarized by the slogan: “My brain made me do it, therefore I couldn't have been free”. While the exclusion argument has received much attention in debates about mental causation (“could my mental states ever cause my actions?”), it is seldom discussed in relation to free will. However, the argument informally underlies many neuroscientific discussions of free will, especially the claim that advances in neuroscience seriously challenge (...) our belief in free will. We introduce two distinct versions of the argument, discuss several unsuccessful responses to it, and then present our preferred response. This involves showing that a key premise – the “exclusion principle” – is false under what we take to be the most natural account of causation in the context of agency: the difference-making account. We finally revisit the debate about neuroscience and free will. (shrink)

Recent empirical evidence indicates that people tend to believe that they possess indeterminist free will, and people’s experience of choosing and deciding is that they possess such freedom. Some also maintain that people’s belief in indeterminist free will has its source in their experience of choosing and deciding. Yet there seem to be good reasons to resist endorsing. Despite this, I maintain that belief in indeterminist free will really does have its source in experience. I explain how this is so (...) by appeal to the phenomenon of prospection, which is the mental simulation of future possibilities for the purpose of guiding action. Crucially, prospection can be experienced. And because of the way in which prospection models choice, it is easy for agents to experience and to believe that their choice is indeterministic. Yet this belief is not justified; the experience of prospection, and hence of free will as being indeterminist, is actually consistent with determinism. (shrink)

Neuroscientists have located brain activity that prepares or encodes action plans before agents are aware of intending to act. On the basis of these findings and broader agency research, activity in these regions has been proposed as the neural realizers of practical intention. My aim in this paper is to evaluate the case for taking these neural states to be neural representations of intention. I draw on work in philosophy of action on the role and nature of practical intentions to (...) construct a framework of the functional profile of intentions fit for empirical investigation. With this framework, I turn to the broader empirical neuroscience literature on agency to assess these proposed neural representations of intention. I argue that while these neural states in some respects satisfy the functions of intention in planning agency prospective of action, their fit with the role of intention in action execution is not well supported. I close by offering a sketch of which experimental task features could aid in the search for the neural realizer of intention in action. (shrink)

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.