In this paper I seek to defend libertarianism about free will and moral responsibility against two well-known arguments: the luck argument and the Mind argument. Both of these arguments purport to show that indeterminism is incompatible with the degree of control necessary for free will and moral responsibility. I begin the discussion by elaborating these arguments, clarifying important features of my preferred version of libertarianism—features that will be central to an adequate response to the arguments—and showing why a strategy of (...) reconciliation (often referred to as “deliberative libertarianism”) will not work. I then consider four formulations of the luck argument and find them all wanting. This discussion will place us in a favorable position to understand why the Mind argument also fails. (shrink)

Theorists have spent considerable time discussing the concept of responsibility. Their discussions, however, have generally focused on the question of who counts as responsible, and for what. But as Gary Watson has noted, “Responsibility is a triadic relationship: an individual (or group) is responsible to others for something” (Watson Agency and answerability: selected essays, 2004 , p. 7). Thus, theorizing about responsibility ought to involve theorizing not just about the actor and her conduct, but also about those the actor is (...) responsible to—and specifically about how these people hold the actor responsible for her conduct. In this paper, I give a topology of the terrain of holding others responsible. Over the course of the paper I disambiguate two very broad senses of holding responsible—regarding another as a responsible agent and holding another responsible for a particular piece of conduct. Next, I argue that the latter sense of holding responsible is a genus with two species—what I will call “holding responsible as deep moral appraisal” and “holding responsible as accountability.” Appreciating these distinctions, I argue, sheds considerable light on a number of questions concerning the scope and nature of our practices of holding others responsible. Finally, illuminating these distinct senses of holding responsible and highlighting their features reveals an awkwardness in the most carefully explicated and influential account of holding responsible, namely R. Jay Wallace’s account in Responsibility and the Moral Sentiments. (shrink)

If indeterminism is to be necessary for moral responsibility, we must show that it doesn’t preclude responsibility (the Luck Problem) and that it might enhance it (the Enhancement Problem). A ‘strong luck claim’ motivates the Luck Problem: if an agent’s choice is undetermined, then her mental life will be causally irrelevant to her choice, whichever way she decides. A ‘weak luck claim’ motivates the Enhancement Problem: if an agent’s choice is undetermined, then even if her mental life is causally relevant (...) to her choice, whichever way she decides, we cannot explain how she _settles_ her choice. Only the weak luck claim is plausible. However, its plausibility depends on our accepting that we could only settle our choices if they are settled by additional exercises of agency. If we instead understand the process of settling decisions in procedural terms, we can begin to sketch a solution to the Enhancement Problem. (shrink)

This paper develops a novel account of the nature of blame: on this account, blame is a species of performance with a constitutive aim. The argument for the claim that blame is an action is speech-act theoretic: it relies on the nature of performatives and the parallelism between mental and spoken blame. I argue that the view scores well on prior plausibility and theoretical fruitfulness, in that: it rests on claims that are widely accepted across sub-disciplines, it explains the normativity (...) of blaming and it accounts for associated psychological phenomena. (shrink)

This paper repudiates Manuel Vargas’s attempt to supplant the traditional moral influence theory of responsibility with his ‘agency cultivation model’. By focusing on fostering responsiveness to moral considerations, ACM purports to avoid the chief pitfalls of MIT. However, I contend that ACM is far less distinctive than it initially appears and so possesses all of MIT’s defects. I also assail Vargas’s counterfactual test for assessing whether a wrongdoer can respond to moral considerations. It is argued that the counterfactual test is (...) epistemically redundant because it can only be fleshed out once we have settled the issues it is supposed to resolve. Moreover, it tacitly inverts the relation between freedom and responsibility—we cannot attribute free will to wrongdoers unless we have already established their blameworthiness. The upshot of this is that enquiries into an agent’s freedom are irrelevant to the ethics of holding her responsible. (shrink)

This paper poses a new challenge to control-based theories of moral responsibility. Control-based theories – as defended, for instance, by Aristotle and John Martin Fischer – hold that an agent is responsible for an action only if she acted voluntarily and knew what she was doing. However, this paper argues that there is a large class of cases of unreflective behavior of which the following is true: the persons involved did not have the kind of control required by control-based theories, (...) yet we intuitively take the persons involved to be morally responsible. (shrink)

The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom”. Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with moral (...) responsibility. I will argue, however, that it is not merely the inability to do otherwise by itself but rather the inability to do otherwise in combination with the absence of a counterfactual intervener that is incompatible with moral responsibility. If I cannot do otherwise and it is not because of a counterfactual intervener, then it must be the case that I am being forced to choose and therefore act as I do, in which case I cannot be morally responsible for this action. Because the Blockage Argument fails, and because it was really the only way to establish that moral responsibility does not require any alternative possibilities whatsoever, it follows that moral responsibility does indeed require at least one alternative possibility in any given situation. But it turns out that this conclusion does not tip the balance in favor of incompatibilism over compatibilism. It would have if blockage and determinism were equivalent. But they are not. Unlike blockage, determinism is compatible with certain counterfactuals that compatibilists traditionally believed the ability to do otherwise reduces to. So even though moral responsibility is incompatible with blockage, it does not necessarily follow that moral responsibility is incompatible with determinism. (shrink)

This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.

This article summarizes and extends 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 libertarianism based on the moral costs of its current epistemic status, (3) an objection to the distinctiveness (...) of semicompatibilism against conventional forms of compatibilism and (4) whether moderate revisionism is committed to realism about moral responsibility. (shrink)

To suggest that Daniel Dennett is a deist is to invite ridicule. Dennett is both an avowed atheist and defender of naturalism in philosophy. Yet if we pay heed to the entirety of Dennett’s claims a curious picture emerges. My suggestion is that Hegel and Marx represent the rival responses to what we might call the modern predicament: what is the nature of existence in a world which seems a mechanism? Dennett’s response to this question is Hegelian, and involves a (...) commitment to a religiosity which might surprise those otherwise receptive to his arguments. (shrink)

The conception of responsibility for beliefs typically assumed in the literature mirrors the practices ofaccountabilityfor actions. In this paper, I argue that this trend leaves a part of what it is to be responsible unduly neglected, namely the practices ofattributability.After offering a diagnosis for this neglect, I bring these practices into focus and develop a virtue-theoretic framework to vindicate them. I then investigate the specificity of the belief case and conclude by resisting two challenges, namely that attributability cannot amount to (...) genuine responsibility and that it can be reduced to a sort of accountability. (shrink)

I argue against the idea of basic desert. I claim that the supposed normative force of desert considerations is better understood in terms of dissociation. The starting point is to note that an important strategy in spelling out the apparent normative force of desert considerations appeals to the idea of complicity. I argue that the idea of basic desert cannot give a good explanation of this connection. I propose that it is rather dissociation that is explanatorily basic. I further argue (...) that dissociation is an expressive action. Dissociation from wrongdoing—expressed as distancing from the wrongdoer—is an expressive attempt to do justice to the significance of wrongdoing in a way analogous to the expressive attempt to thank someone adequately for doing you a favor. I draw on the idea of dissociation as an expressive action to explain why it should be that a failure to dissociate is a source of complicity. (shrink)

In this chapter, I propose the mechanism of cognitive enhancement based on studies of cognitive-enhancing drugs and behavioral training. I argue that there are mechanistic differences between cognitive-enhancing drugs and behavioral training due to their different enhancing effects. I also suggest possible mechanisms for cognitive-enhancing drugs and behavioral training and for the synergistic effects of their simultaneous application.

Implicit intergroup biases have been shown to impact social behavior in many unsettling ways, from disparities in decisions to “shoot” black and white men in a computer simulation to unequal gender-based evaluations of résumés and CVs. It is a difficult question whether, and in what way, agents are responsible for behaviors affected by implicit biases. I argue that in paradigmatic cases agents are responsible for these behaviors in the sense that the behavior is “attributable” to them. That is, behaviors affected (...) by implicit biases reflect upon who one is as a moral agent. (shrink)

(2014). Cross-world luck at the time of decision is a problem for compatibilists as well. Philosophical Explorations: Vol. 17, No. 2, pp. 112-125. doi: 10.1080/13869795.2014.912673.

The Theory of Important Criteria is used to argue that the age?old problem of the compatibility of free will and determinism turns on the question of the importance of causal indeterminacy of choice as a criterion of being able to do otherwise. One's answer to this question depends in turn on one's evaluation of certain moral issues and of the force and significance of certain similes, analogies and diagrams in terms of which one can ?depict? a deterministic universe. It is (...) further argued that the problem of free will and determinism is not a pseudo?problem, but a genuine problem that is hard to solve because of the depth and complexity of the evaluative issues on which it hangs. (shrink)

In this paper I explore graded attributions of blameworthiness—that is, judgments of the general sort, "A is more blameworthy for x-ing than B is," or "A is less blameworthy for her character than B is." In so doing, I aim to provide a philosophical basis for the widespread, if not completely articulate, practice of altering the degree to which we hold others responsible on the basis of facts about them or facts about their environments. To vindicate this practice, I disambiguate (...) several related properties and identify the properties of being more blameworthy for an action with a complex set of relations between what an agent deserves for her action and how good it is from the point of view of desert that she receives that response. (shrink)

Philosophers and psychologists have debated what is meant by free will as well as the nature of human choice. However, only recently have data been gathered to consider common usage of the term; our data support college students' belief in free will as indicating some degree of choice that is not constrained by genetic or environmental factors and as separate from a "soft" determinism perspective. How free will and determinism beliefs relate to other psychological attitudes, such as moral responsibility and (...) tolerance, is also considered. (shrink)

Wimpy retributivism finds reasons to refrain from giving the blameworthy and culpable what they deserve, even if it comes to very little. These reasons have to do with the moral hazards of being mistaken about when harsh treatment is justified. A moral influence theory can help supplement retributivist reasons with further consequentialist considerations and thereby keep these skeptical worries in check.

Once relegated to the margins of the responsibility debate, moral influence theories have recently been rehabilitated. This paper offers a moral influence theory with two parts: a theory of responsibility as influenceability and an act-consequentialist justification of blame. I defend this account against six concerns commonly raised both by opponents and by advocates of similar views. Some concerns target act consequentialism, claiming that it 1) permits blaming innocents; 2) permits coercion, manipulation, and other objectionable forms of influence; and 3) fails (...) to capture intuitions about desert. Other concerns target responsibility as influenceability, claiming that influenceability accounts are 4) unsophisticated, 5) make ascriptions of responsibility dependent on assessments of permissible blame, and 6) have various counterintuitive implications. (shrink)

This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...) four-planar nature. This view makes criminal theory‘s Autonomy Assumption look deeply questionable; autonomy must be a complex, nuanced open question, not an abstract, a priori default assumption. (shrink)

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

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

The literature on blame is rather unfriendly to views that might be characterized as “character-evaluation” accounts. Here I will defend one such account against the many objections that are leveled against it. Defending the view against these objections will help us to evaluate what such a view has to offer. This paper defends the view against objections that accounts such as this cannot account for how much we care about blame, for the distinctively human nature of the blame phenomenon, for (...) forgiving the unrepentant, and for recalcitrant blame. Responding to these objections on behalf of the much beleaguered character-evaluation account clears the way for it to stand as a serious competitor in how we understand blame. (shrink)

This paper investigates whether responsibility could be borne vicariously. I distinguish between three different senses of responsibility: attributional responsibility, practices of holding people responsible, and substantive responsibility. I argue that it is doubtful both whether attributional responsibility could be borne vicariously, and whether it could be appropriate to hold someone vicariously responsible. However, I suggest that substantive responsibility can genuinely be borne vicariously. Getting clear on these conceptual issues has important implications for how we approach more concrete legal and political (...) questions. More specifically, I argue these abstract arguments can be used to inform views on the common-law doctrine of joint enterprise, and on reparations for historic injustice. (shrink)

The term ‘glory’ is notoriously difficult to characterize. In general, when theologians and philosophers have sought to characterize the term they do so in an imprecise and vague manner that leaves a variety of questions unanswered. In what follows we show how recent work in philosophy together with various historical and theological reflections about glory can be used to elucidate the wide range of concepts that tend to be expressed with the term ‘glory’ in theological thought.