The principal argument suggested here is that we are all morally embedded selves: We have no control over the abilities that make us moral agents nor can we control the degree to which we have these abilities; in other words, we are not responsible for our good or bad qualities as moral agents. This, I believe, calls for the adoption of embedded compatibilism (EC). According to EC, people have control over their conduct; this control, however, is embedded within prerequisites, which (...) they cannot control and hence are not responsible for having or lacking. On the one hand, EC enables us to explain why a lack of control at the ultimate level does not eliminate moral judgment altogether. However on the other hand, EC ought to change our understanding of moral responsibility; interalia, it supports a hybrid notion of punishment, indicates the incomplete nature of guilt and reintroduces the problem of moral luck. (shrink)

This is a critical review essay on John Martin Fischer's Deep Control: Essays on Free Will and Value.

A number of philosophers have recently become increasingly interested in the potential usefulness of fictitious and illusory beliefs.As a result, a wide variety of fictionalisms and illusionisms have sprung up in areas ranging anywhere from mathematics and modality to morality.1 In this paper, we focus on the view that Saul Smilansky has dubbed “free will illusionism”—for example, the purportedly descriptive claim that the majority of people have illusory beliefs concerning the existence of libertarian free will, coupled with the normative claim (...) that because dispelling these illusions would produce negative personal and societal consequences, those of us who are unfortunate enough to know the dangerous and gloomy truth about the nonexistence of libertarian free will should simply keep quiet in the name of the common good. (shrink)

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

Even where an act appears to be responsible, and satisfies all the conditions for responsibility laid down by society, the response to it may be unjust where that appearance is false, and where those conditions are insufficient. This paper argues that those who want to place considerations of responsibility at the centre of distributive and criminal justice ought to take this concern seriously. The common strategy of relying on what Susan Hurley describes as a 'black box of responsibility' has the (...) advantage of not taking responsibility considerations to be irrelevant merely because some specific account of responsibility is mistaken. It can, furthermore, cope perfectly well with an absence of responsibility, even of the global sort implied by hard determinism and other strongly sceptical accounts. Problems for the black box view come in where responsibility is present, but in a form that is curtailed in one significant regard or another. The trick, then, is to open the box of responsibility just enough that its contents can be the basis for judgements of justice. I identify three 'moderately sceptical' forms of compatibilism that cannot ground judgements of justice, and are therefore expunged by the strongest 'grey box' view. (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)

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.

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)

Benjamin Libet's empirical challenge to free will has received a great deal of attention and criticism. A standard line of response has emerged that many take to be decisive against Libet's challenge. In the first part of this paper, I will argue that this standard response fails to put the challenge to rest. It fails, in particular, to address a recent follow-up experiment that raises a similar worry about free will (Soon, Brass, Heinze, & Haynes, 2008). In the second part, (...) however, I will argue that we can altogether avoid Libet-style challenges if we adopt a traditional compatibilist account of free will. In the final section, I will briefly explain why there is good and independent reason to think about free will in this way. (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)

According to a widespread view, a complete explanatory reduction of all aspects of the human mind to the electro-chemical functioning of the brain is at hand and will certainly produce vast and positive cultural, political and social consequences. However, notwithstanding the astonishing advances generated by the neurosciences in recent years for our understanding of the mechanisms and functions of the brain, the application of these findings to the specific but crucial issue of human agency can be considered a “pre-paradigmatic science” (...) (in Thomas Kuhn’s sense). This implies that the situation is, at the same time, intellectually stimulating and methodologically confused. More specifically—because of the lack of a solid, unitary and coherent methodological framework as to how to connect neurophysiology and agency—it frequently happens that tentative approaches, bold but very preliminary claims and even clearly flawed interpretations of experimental data are taken for granted. In this article some examples of such conceptual confusions and intellectual hubris will be presented, which derive from the most recent literature at the intersection between neurosciences, on the one hand, and philosophy, politics and social sciences, on the other hand. It will also be argued that, in some of these cases, hasty and over-ambitious conclusions may produce negative social and political consequences. The general upshot will be that very much has still to be clarified as to what and how neurosciences can tell us about human agency and that, in the meantime, intellectual and methodological caution is to be recommended. (shrink)

Recent experimental research has revealed surprising patterns in people's intuitions about free will and moral responsibility. One limitation of this research, however, is that it has been conducted exclusively on people from Western cultures. The present paper extends previous research by presenting a cross-cultural study examining intuitions about free will and moral responsibility in subjects from the United States, Hong Kong, India and Colombia. The results revealed a striking degree of cross-cultural convergence. In all four cultural groups, the majority of (...) participants said that (a) our universe is indeterministic and (b) moral responsibility is not compatible with determinism. (shrink)

Almost everyone allows that conditions can obtain that exempt agents from moral responsibility—that someone is not a morally responsible agent if certain conditions obtain. In his seminal Freedom and Resentment, Peter Strawson denies that the truth of determinism globally exempts agents from moral responsibility. As has been noted elsewhere, Strawson appears committed to the surprising thesis that being an evil person is an exempting condition. Less often noted is the fact that various Strawsonians—philosophers sympathetic with Strawson’s account of moral responsibility—at (...) least appear to have difficulty incorporating evil persons into their accounts of moral responsibility. In what follows, I argue that Strawson is not committed to supposing that being evil is an exempting condition—at least, that he can allow that evil persons are morally responsible agents. (shrink)

It is a common assumption among both philosophers and psychologists that having accurate beliefs about ourselves and the world around us is always the epistemic gold standard. However, there is gathering data from social psychology that suggest that illusions are quite prevalent in our everyday thinking and that some of these illusions may even be conducive to our overall well being. In this paper, we explore the relevance of these so-called 'positive illusions' to the free will debate. More specifically, we (...) use the literature on positive illusions as a springboard for examining Saul Smilansky 's so-called 'free will illusionism '. At the end of the day, we will use data from both social and developmental psychology concerning perceived control to try to show that his view is on shaky empirical footing. (shrink)

The perennial fear associated with the free will problem is the prospect of hard determinism being true. Unlike prevalent attempts to reject hard determinism by defending compatibilist analyses of freedom and responsibility, this article outlines a pragmatic argument to the effect that we are justified in betting that determinism is false even though we may retain the idea that free will and determinism are incompatible. The basic argument is that as long as we accept that libertarian free will is worth (...) wanting, there is a defensible rationale, given the uncertainty which remains as to whether determinism is true or false, to refrain from acting on hard determinism, and thus to bet that libertarian free will exists. The article closes by discussing two potentially decisive objections to this pragmatic argument. (shrink)

The contemporary discussion of terrorism has been dominated by deontological and consequentialist arguments. Building upon my previous work on a paradox concerning moral complaint, I try to broaden the perspectives through which we view the issues. The direction that seems to me as most promising is a self-reflexive, conditional, and, to some extent, relational emphasis. What one is permitted to do to others would depend not so much on some absolute code constraning actions or on the estimate of what would (...) optimize overall the resulting well-being but on the precedents that the past actions of those others provided, on the relationships among the participants, on tacit or explicit offers and possible agreements among them, and on the reciprocity (or lack thereof) that ensues. (shrink)

In this paper we discuss studies that show that most people do not find determinism to be incompatible with free will and moral responsibility if determinism is described in a way that does not suggest mechanistic reductionism. However, if determinism is described in a way that suggests reductionism, that leads people to interpret it as threatening to free will and responsibility. We discuss the implications of these results for the philosophical debates about free will, moral responsibility, and determinism.

The shortest form of the Basic Argument against free will and moral responsibility runs as follows: [1] When you act, you do what you do—in the situation in which you find yourself—because of the way you are. [2] If you do what you do because of the way you are, then in order to be fully and ultimately responsible for what you do you must be fully and ultimately responsible for the way you are. But [3] You cannot be fully (...) and ultimately responsible for the way you are. So [4] You cannot be fully and ultimately responsible for what you do. This paper restates the Basic Argument and varies it in several different ways. (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)

I defend a deontological social contract justification of punishment for philosophers who deny free will and moral responsibility (FW/MR). Even if nobody has FW/MR, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the (...) imprisonment of violent criminals if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. (shrink)

Epitomized in the bodily exhibitions of ‘fitspiration’, photo-based social media is biased toward self-beautification and glorification of reality. Meanwhile, evidence is growing of psychological side effects connected to this ‘pictorial turn’ in our communication. In The Birth of Tragedy, Nietzsche poses the question how ugliness and discord can produce aesthetic pleasure. This paper proceeds from an inverse relationship and examines why glorification of appearances and conspicuous beauty fails to do the same, and even compounds suffering. Drawing on the Apollo-Dionysus dualism (...) undergirding Nietzsche’s aesthetic philosophy, I posit a deeper relation between the saturation of visual self-exhibitionism typified in fitspiration and its empirical effects. Concentrating on the medium and self-representational photograph, I argue that Instagram is primarily an instrument of Apolline artifice and that the pictorial turn which defines the present centers Apolline mediation to the detrimental exclusion of meaningful communion with its Dionysiac antithesis. For users immersed in this Apolline sphere of visual self-representation, a fractured existence beholden to conditions of the image ensues—comprising surface-level appearances, deification of the moment, and loss of existential sustenance through myth. By positioning fitspiration not as an aberration but as the logical conclusion of the medium’s intrinsic Apolline property, it becomes a litmus test of the entire visual landscape and illustrative of the implications that uncritical participation in it may bring. (shrink)

A testimony to what I perceive to be the accomplishments of Dahlbeck’s (2021) Spinoza: Fiction and Manipulation in Civic Education is that, as I turn the over the last page, contemplating the total...

This paper addresses the rift between the teacher’s sense of self as a causal agent and the experience of being in lack of control in the classroom, by way of Hans Vaihinger’s philosophy of ‘as if.’ It is argued that understanding agential control in terms of a valuable educational fiction—a practical (ethical) fiction in Vaihinger’s vocabulary—can offer a way of bridging this rift and can help teachers make sense of the tension between their felt need to strive for control and (...) their experience of suffering from lack of control. A fiction, it is argued, is different from an illusion in that fictions can be affirmed without being believed. Unlike illusions, valuable fictions can be recognized as fictions and still retain some of their affective power over us, thereby allowing us to act ‘as if.’ In education, this is helpful as it means that we can make use of valuable fictions without assuming that these have to be protected from the critical gaze of non-believers. In fact, we can openly acknowledge that we rely on fictions as this is part and parcel of being a human being with a limited cognitive ability. (shrink)

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

What is techno-optimism and how can it be defended? Although techno-optimist views are widely espoused and critiqued, there have been few attempts to systematically analyse what it means to be a techno-optimist and how one might defend this view. This paper attempts to address this oversight by providing a comprehensive analysis and evaluation of techno-optimism. It is argued that techno-optimism is a pluralistic stance that comes in weak and strong forms. These vary along a number of key dimensions but each (...) shares the view that technology plays a key role in ensuring that the good prevails over the bad. Whatever its strength, to defend this stance, one must flesh out an argument with four key premises. Each of these premises is highly controversial and can be subjected to a number of critiques. The paper discusses five such critiques in detail. The paper also considers possible responses from the techno-optimist. Finally, it is concluded that although strong forms of techno-optimism are not intellectually defensible, a modest, agency-based version of techno-optimism may be defensible. (shrink)

Deep learning AI systems have proven a wide capacity to take over human-related activities such as car driving, medical diagnosing, or elderly care, often displaying behaviour with unpredictable consequences, including negative ones. This has raised the question whether highly autonomous AI may qualify as morally responsible agents. In this article, we develop a set of four conditions that an entity needs to meet in order to be ascribed moral responsibility, by drawing on Aristotelian ethics and contemporary philosophical research. We encode (...) these conditions and generate a flowchart that we call the Moral Responsibility Test. This test can be used as a tool both to evaluate whether an entity is a morally responsible agent and to inform human moral decision-making over the influencing variables of the context of action. We apply the test to the case of Artificial Moral Advisors and conclude that this form of AI cannot qualify as morally responsible agents. We further discuss the implications for the use of AMAs as moral enhancement and show that using AMAs to offload human responsibility is inadequate. We argue instead that AMAs could morally enhance users if they are interpreted as enablers for moral knowledge of the contextual variables surrounding human moral decision-making, with the implication that such a use might actually enlarge human moral responsibility. (shrink)

There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...) certain kinds of responsibility gap. The argument is based on the idea that human morality is often tragic. We frequently confront situations in which competing moral considerations pull in different directions and it is impossible to perfectly balance these considerations. This heightens the burden of responsibility associated with our choices. We cope with the tragedy of moral choice in different ways. Sometimes we delude ourselves into thinking the choices we make were not tragic ; sometimes we delegate the tragic choice to others ; sometimes we make the choice ourselves and bear the psychological consequences. Each of these strategies has its benefits and costs. One potential advantage of autonomous machines is that they enable a reduced cost form of delegation. However, we only gain the advantage of this reduced cost if we accept that some techno-responsibility gaps are virtuous. (shrink)

This book offers a solution to the ancient philosophical problem regarding the nature and the justification of morality. The importance of this subject matter is obvious, not merely as an abstract philosophical problem, but perhaps even more as a practical challenge, regarding the way we ought to live our lives: the values that ought to direct us, and the ends that we ought to pursue. -/- In the course of this inquiry, a wide array of philosophical topics is explored: the (...) nature of intentional action, and the role played by reason and desires in agency; the question of the final end of agency – better known in ancient terminology as the question of the purpose of life, and in modern terms as the question of the meaning of life; the nature of moral obligations and their rational justification; the challenge posed by determinism for the freedom of the will, with its implications on fatalism and moral responsibility; and normative questions regarding the value of life. (shrink)

Philosophical work on free will, contemporary as well as historical, is inevitably framed by the problem of free will and determinism. One of my goals in what follows is to give a feel for the main lines of that debate in philosophy today. I will also be outlining a particular perspective on free will. Many working philosophers consider themselves Compatibilists; the perspective outlined, building on a number of arguments in the recent literature, is a contemporary form of such a view. (...) It cannot, however, claim to be the contemporary philosophical perspective. There is no such thing. Against a background of the perennial problem of free will and determinism, through ongoing argument and debate, philosophers continue to try to work toward an understanding of precisely what it means for an action to be free. (shrink)

Philosophers often consider problems of free will and moral luck in isolation from one another, but both are about control and moral responsibility. One problem of free will concerns the difficult task of specifying the kind of control over our actions that is necessary and sufficient to act freely. One problem of moral luck refers to the puzzling task of explaining whether and how people can be morally responsible for actions permeated by factors beyond their control. This chapter explicates and (...) assesses skeptical, compatibilist, and libertarian approaches to moral luck. First, I argue that what makes the above problems of free will and moral luck distinct is largely their emphasis on different kinds of luck. Second, I describe and evaluate skeptical arguments from constitutive and circumstantial luck that it is impossible to act freely. Third, I explicate and assess various support and implication relationships between various kinds of compatibilism and libertarianism, on the one hand, and causal, constitutive, circumstantial, and resultant moral luck, on the other. (shrink)

Human persons can act with libertarian freedom in heaven according to one prominent view, because they have freely acquired perfect virtue in their pre-heavenly lives such that acting rightly in heaven is volitionally necessary. But since the character of human persons is not perfect at death, how is their character perfected? On the unilateral model, God alone completes the perfection of their character, and, on the cooperative model, God continues to work with them in purgatory to perfect their own character. (...) I argue that although both models can make sense of all human persons enjoying free will in heaven on various assumptions, the cooperative model allows all human persons in heaven to enjoy a greater degree of freedom. This consideration about the degree of heavenly freedom provides a reason for God to implement the cooperative model. (shrink)

It is a common idea, and an element in many legal systems, that people can deserve punishment when they commit criminal (or immoral) actions. A standard philosophical objection to this retributivist idea about punishment is that if human choices and actions are determined by previous events and the laws of nature, then we are not free in the sense required to be morally responsible for our actions, and therefore cannot deserve blame or punishment. It has recently been suggested that this (...) argument can be backed up by neuroscience, since neuroscientific explanations of human behavior leave no room for non-determined free actions. In this thesis, an argument of this sort is discussed. According to this argument, that I call “the Revision Argument”, we should revise the legal system so that any retributivist justification of punishment is removed. I examine some objections to the Revision Argument according to which compatibilism about free will and responsibility is a morally acceptable basis of retributive punishment. I argue that these objections have difficulties in providing a plausible account of the relevant difference between people who deserve punishment for their actions and people who do not. Therefore, I argue that they fail to refute the conclusion of the Revision Argument. (shrink)

Recently, several libertarian philosophers have argued that we appear free on the basis of widespread experience, and that this appearance justifies believing that we enjoy libertarian free will (e.g. Pink 2004 and Swinburne 2013). Such arguments have a long history in philosophy but have been easily dismissed on one of two grounds: either the appearance of freedom does not exist, or else it is an illusion. In this paper, I argue that although presentations of the argument have been historically inadequate, (...) non-libertarians have also seriously underappreciated the force of libertarian appeals to phenomenology. I show that, when properly construed, the appearance of freedom constitutes a wide range of diverse phenomena in need of explanation, of which extant non-libertarian alternatives provide only partial explanations, or else fail to explain altogether. In identifying this lacuna, I take the first step towards providing a better non-libertarian alternative. (shrink)

P.F. Strawson’s compatibilism has had considerable influence. However, as Watson has argued in “Responsibility and the Limits of Evil”, his view appears to have a disturbing consequence: extreme evil exempts an agent from moral responsibility. This is a reductio of the view. Moreover, in some cases our emotional reaction to an evildoer’s history clashes with our emotional expressions of blame. Anyone’s actions can be explained by his or her history, however, and thereby can conflict with our present blame. Additionally, we (...) too might have been evil if our history had been like the unlucky evildoer’s. Thus, our emotional responses to the evildoer compromise our standing to blame them. Since Strawson’s view demarcates moral responsibility by moral emotional responses, his view appears to be self-defeating. In this paper, I defend the Strawsonian view from the reductio and self-defeat problems. I argue that two emotions, disgust and elevation, can be moral reactive attitudes in Strawson’s sense. First, moral disgust expresses neither blame nor exemption from responsibility. Instead, moral disgust presupposes blameworthiness but is instead a distinct response to the extreme wrongdoer. Secondly, moral disgust involves self-directed attitudes that explain away our apparent lack of standing to blame the evil agent. The structure of disgust as a reactive attitude is mirrored along the positive dimension by the emotion that Haidt has called “elevation”, a feeling of moral inspiration. I conclude by defending my view from objections about the moral appropriateness of disgust. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

This paper focuses on Gilberto Gomes’ work on free will. In a series of contributions that have had a significant impact on the respective literature, Gomes developed a conception about free will and argued that its existence is consistent with recent scientific findings, specially in neuroscience. In this paper, I object to a claim of Gomes about his conception of free will, namely the claim that it is a compatibilist conception. I seek to show that Gomes does not use the (...) term ‘compatibilism’ as it is usual in the contemporary literature on free will, i.e., as the thesis that free will can exist even if determinism is true. Moreover, the conception of free will Gomes proposes actually has an incompatibilist commitment. I argue that, more than a mere terminological point, acknowledging the incompatibilist aspect of Gomes’ view motivates important questions about the details of the view and helps to reveal a limitation of his defense of the existence of free will. [Este artigo tem como tema o trabalho de Gilberto Gomes sobre o livre-arbítrio. Em uma série de contribuições que tiveram um impacto significativo na respectiva literatura, Gomes elaborou uma concepção sobre o livre-arbítrio e argumentou que sua existência é consistente com descobertas científicas recentes, especialmente na neurociência. Neste artigo, questiono uma afirmação de Gomes sobre sua concepção sobre o livre-arbítrio, a saber, que se trata de uma concepção compatibilista. Busco mostrar que Gomes não usa o termo ‘compatibilismo’ como é habitual na literatura contemporânea sobre o livre-arbítrio, isto é, como a tese segundo a qual o livre-arbítrio pode existir ainda que o determinismo seja verdadeiro. Ademais, a concepção sobre o livre-arbítrio desenvolvida por Gomes tem, efetivamente, um compromisso incompatibilista. Argumento que, mais do que uma mera elucidação terminológica, reconhecer o elemento incompatibilista presente na proposta de Gomes suscita questões importantes sobre os detalhes da proposta e também ajuda a reconhecer uma limitação de sua defesa da existência do livre-arbítrio.]. (shrink)

Philosophy and Phenomenological Research, EarlyView.

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 the third and final part of his A Theory of Determinism (TD) Ted Honderich addresses the fundamental question concerning “the consequences of determinism.” The critical question he aims to answer is what follows if determinism is true? This question is, of course, intimately bound up with the problem of free will and, in particular, with the question of whether or not the truth of determinism is compatible or incompatible with the sort of freedom required for moral responsibility. It is (...) Honderich’s aim to provide a solution to “the problem of the consequences of determinism” and a key element of this is his articulation and defence of an alternative response to the implications of determinism that collapses the familiar Compatibilist/Incompatibilist dichotomy. Honderich offers us a third way – the response of “Affirmation” (HFY 125-6). Although his account of Affirmation has application and relevance to issues and features beyond freedom and responsibility, my primary concern in this essay will be to examine Honderich’s theory of “Affirmation” as it concerns the free will problem. (shrink)

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)

In this paper, I articulate an argument for incompatibilism about moral responsibility and determinism. My argument comes in the form of an extended story, modeled loosely on Peter van Inwagen’s “rollback argument” scenario. I thus call it “the replication argument.” As I aim to bring out, though the argument is inspired by so-called “manipulation” and “original design” arguments, the argument is not a version of either such argument—and plausibly has advantages over both. The result, I believe, is a more convincing (...) incompatibilist argument than those we have considered previously. (shrink)

Two misguided ideas dominate philosophical thinking on moral responsibility: (1) the idea that it obviously exists, and (2) the idea that even if it does not, it is nevertheless needed for the society to function properly. In his book, Doris (2015b) discusses the first illusion, while uncritically accepting the second. In this commentary, I question the utility of such endeavors.

The abstract concept of indeterministic free will is distinguished from the phenomenon of free will. Evidence for the abstract concept is examined and critically compared with various designs of automata. It is concluded that there is no evidence to support the abstract concept of indeterministic free will, it is inconceivable that a test could be constructed to distinguish an indeterministic agent from a complicated automaton. Testing the free will of an alien visitor is introduced to separate prejudices about who has (...) free will from objective experiments. The phenomenon of free will is modelled with a deterministic decision making agent. The agent values ‘independence’ and satisfies a desire for independence by responding to ‘challenges’. When the agent generates challenges internally it will establish a record of being able to do otherwise. In principle a computer could be built with a free will property. The model also explains false attributions of free will (superstitions). (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

Derk Pereboom argues that since we are not ultimately morally responsible for our thoughts and actions, it is irrational and unfair to feel and express moral anger towards agents for their wrongdoings. Furthermore, he argues, moral anger is not practically beneficial, typically causing more harm than good. Thus, he proposes that we replace moral anger with moral sadness, or disappointment in response to agents’ wrongdoings. I offer a functional account of moral anger to argue that moral anger has important intrapersonal (...) and interpersonal functions that cannot be served by moral sadness. I show that when we feel and express moral anger in the right contexts, it a) promotes long-term wellbeing, b) benefits relationships, and c) is the best way to change agents’ future behavior. I conclude by discussing implications of my functional account for Pereboom’s claim that moral anger is rational and fair only if we are ultimately morally responsible. (shrink)