Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...) and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

Some proponents of compatibilist moral responsibility have proposed an historical theory which requires that agents deploy character control in order to be morally responsible. An important type of argument for the character control condition is the manipulation argument, such as Mele’s example of Beth and Chuck. In this paper I show that Beth can be exonerated on various conditions other than her failure to execute character control—I propose a new character, Patty, who meets these conditions and is, I argue, morally (...) responsible for her actions despite lacking character control. Thus the character control condition is unmotivated. I suggest there may be an alternative basis for an historical theory of moral responsibility nonetheless. (shrink)

Harry G. Frankfurt has presented a case of a counterfactual intervener CI with knowledge and power to control an agent so he will do A. He concludes that if the agent prefers to do A and there is no intervention by CI, the agent has acted of his own free will and is morally responsible for doing A, though he lacked an alternative possibility. I consider the consequences for freedom and moral responsibility of CI having a complete plan P for (...) all actions of an agent, Lucky, who luckily has preferences that accord with P, and I extend the argument to all citizens of a land, Luckyland, who are like Lucky. I argue the citizens of Luckyland have free will but lack moral responsibility because of the connection between moral responsibility, reactive attitudes and future action. Furthermore, the presence of CI and his plan P may allow free will but is incompatible with freedom of preference. Preference concerns alternatives excluded by CI. I argue that a special higher order preference for the preference structure, a power preference, ends the regress of higher order preference and explains the first order preference. Causal determinism is compatible with freedom of preference explained by a power preference when a power preference would also explain an alternative preference. The remoteness argument for incompatibility fails because of a lack of transitivity causal explanation. The power preference is the self-explained source of freedom of preference. That basic freedom may be limited by government knowledge of our preferences, even if, like Lucky, our preferences do not provoke intervention and we conform of our own free will. (shrink)

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

This paper proposes a contextualist solution to the puzzle about free will. It argues that the context-sensitivity of statements about freedom of the will follows from the correct analysis of these statements. Because the analysis is independently plausible, the contextualism is warranted not merely in virtue of its capacity to solve the puzzle.

Character and the will are rarely discussed together. At most, philosophers working on the one mention the other in an eliminativist vein—if character is represented as something chosen, for example, it can be chalked up to the work of the will; if the will consists merely of a certain arrangement of mental states, it can be seen as little more than a manifestation of character. This mutual neglect appears perfectly justified. If both character and will are determinants of action, to (...) treat them separately would be to overdetermine agency at best, and at worst to fragment it. While defending this reasoning, I argue that things are not so simple, because character and will serve distinct explanatory and normative functions, respectively. The difference in function, however, does not prove that character and will must be ontologically distinct sources of agency; only that our discourse about them must keep them apart. (shrink)

From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental Act. (...) The medical conditions for being sentenced to forensic psychiatric care are supposed to be the same as those for being admitted to involuntary psychiatric care. What these conditions are is not regulated in any law. For the guidance of the courts and others, there is a collection of examples in the government bill drafting the legislation in question. On the basis of these examples the content of the concept of severe mental disorder is chiselled out. However, the purposes of imposing penal law sanction and admitting someone to psychiatric care are not the same, and therefore the content of the concept severe mental disorder is bound to differ accordingly. Severe mental disorder is a legal concept that masks as a psychiatric one. In its applications in penal law, the court determines its content. But for the forensic psychiatrist it is more natural to interpret the term as a medical one. This creates a tension that has led to several controversies in recent criminal cases in Sweden. The best way to alleviate the situation is to discard the concept of severe mental disorder from criminal law. This will allow for a better separation of the roles of the psychiatrist and the court. (shrink)

Random noise in the neurobiology of animals allows for the generation of alternative possibilities for action. In lower animals, this shows up as behavioral freedom. Animals are not causally predetermined by prior events going back in a causal chain to the origin of the universe. In higher animals, randomness can be consciously invoked to generate surprising new behaviors. In humans, creative new ideas can be critically evaluated and deliberated. On reflection, options can be rejected and sent back for “second thoughts” (...) before a final responsible decision and action. When the indeterminism is limited to the early stage of a mental decision, the later decision itself can be described as adequately determined. This is called the two-stage model, first the “free” generation of ideas, then an adequately determinism evaluation and selection process we call “will.”. (shrink)

Five experiments suggested that everyday free will and moral responsibility judgments about some hypothetical thought examples differed from free will and moral responsibility judgments about the actual world. Experiment 1 (N = 106) showed that free will intuitions about the actual world measured by the FAD-Plus poorly predicted free will intuitions about a hypothetical person performing a determined action (r = .13). Experiments 2–5 replicated this result and found the relations between actual free will judgments and free will judgments about (...) hypothetical determined or fated actions (rs = .22–.35) were much smaller than the differences between them (ηp2 = .2–.55). These results put some pressure on theoretical accounts of everyday intuitions about freedom and moral responsibility. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...) law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

Does having a mental disorder, in general, affect whether someone is morally responsible for an action? Many people seem to think so, holding that mental disorders nearly always mitigate responsibility. Against this Naïve view, we argue for a Nuanced account. The problem is not just that different theories of responsibility yield different verdicts about particular cases. Even when all reasonable theories agree about what's relevant to responsibility, the ways mental illness can affect behavior are so varied that a more nuanced (...) approach is needed. (shrink)

The goal of this paper is to suggest that theoretical thinking with respect to metaphysical determinations or indeterminations is not the appropriate realm for attributing moral responsibility. On the contrary, judgments that attribute moral responsibility (S is responsible for...) depend on the possibility that a rational narrative be built. Agents are capable of forging their future actions, as well as of reflecting upon past actions. With this it will also be shown how we assume control of our behavior because we (...) ignore whether actions are the result of causality or chance. It is claimed that contexts determine the degree of causal demand in narratives that attribute moral responsibility. In order to construct this type of narrative one must focus on a specific link in the causal chain of explanations. If context alone is not demanding enough so as to require that theoretical reflections strive for the ultimate foundation of our actions, then the agent may be considered responsible for his behavior. (shrink)

If an individual is morally responsible, then there is a responsibility-foundation that makes him morally responsible, but there is no responsibility-foundation that makes him responsible. This rested on the notion that if there were a responsibility-foundation, it would be either an ungrounded choice or an ungrounded character state and that neither can serve as the foundation. The paper then considered three types of objections. First, moral responsibility does not require a responsibility-foundation. Second, a character state can serve as the foundation. (...) Third, we know people are responsible even if we don't know what the foundation is. These objections fail. (shrink)

The question of the relation between freedom and determinism elicits contrasting intuitions. It is clear to incompatibilists that freedom requires the falsity of determinism. And it is clear to compatibilists that freedom is compatible with forms of determinism. Compatibilists and incompatibilists differ not only with respect to the content of their accounts, but also with respect to their “method”. Whereas, compatibilists could be represented as elucidating our ordinary notion of freedom, incompatibilists could be represented as offering a revision of that (...) notion. I argue that if we get the methodological point right, we can be free and determined. (shrink)

The compatibility of determinism and the ability to do otherwise has been implicitly assumed by many to be irrelevant to the viability of compatibilist responses to the manipulation argument for incompatibilism. I argue that this assumption is mistaken. The manipulation argument may be unsound. But even so, the manipulation argument, at the very least, undermines classical compatibilism, the view that free will requires the ability to do otherwise, and having that ability is compatible with determinism. This is because classical compatibilism, (...) in conjunction with any type of reply to the manipulation argument, has counterintuitive implications. In order to avoid such implications, we need not hold that determinism is incompatible with moral responsibility. But we must hold that determinism is incompatible with the ability to do otherwise. (shrink)

An agent who is the victim of covert and nonconstraining control is unaware of being controlled and controllers get their way by manipulating the victims so that they willingly do what the controllers desire. Our primary objective is to argue that if cases of CNC manipulation undermine compatibilist accounts of the sort of control required for moral responsibility, they also undermine various agent‐causal and non‐agent‐causal libertarian accounts as well.

ABSTRACTIt has recently become fashionable among those who write on questions of moral responsibility to distinguish two different concepts, or senses, of moral responsibility via the labels ‘responsibility as attributability’ and ‘responsibility as accountability’. Gary Watson was perhaps the first to introduce this distinction in his influential 1996 article ‘Two Faces of Responsibility’ , but it has since been taken up by many other philosophers. My aim in this study is to raise some questions and doubts about this distinction and (...) to argue that it has led to confusion rather than clarification in debates over moral responsibility. In place of the attributability/accountability distinction, I propose that there is a single concept of moral responsibility underlying our actual moral practices. This core notion of moral responsibility, which I call ‘responsibility as answerability’, is well positioned to explain thos.. (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)

The debate over whether free will and determinism are compatible is controversial, and produces wide scholarly discussion. This paper argues that recent studies in experimental philosophy suggest that people are in fact “natural compatibilists”. To support this claim, it surveys the experimental literature bearing directly or indirectly upon this issue, before pointing to three possible limitations of this claim. However, notwithstanding these limitations, the investigation concludes that the existing empirical evidence seems to support the view that most people have compatibilist (...) intuitions. (shrink)

A common line of thought claims that we are responsible for ourselves and our actions, while less sophisticated creatures are not, because we are, and they are not, self-aware. Our self-awareness is thought to provide us with a kind of control over ourselves that they lack: we can reflect upon ourselves, upon our thoughts and actions, and so ensure that they are as we would have them to be. Thus, our capacity for reflection provides us with the control over ourselves (...) that grounds our responsibility. I argue that this thought is subtly, but badly, confused. It uses, as its model for the control that grounds our responsibility, the kind of control we exercise over ordinary objects and over our own voluntary actions: we represent to ourselves what to do or how to change things, and then we bring about that which we represent. But we cannot use this model to explain our responsibility for ourselves and our actions: if there is a question about why or how we are responsible for ourselves and our actions, it cannot be answered by appeal to a sophisticated, self-directed action. There must be some more fundamental account of how or why we are responsible. I replace the usual account with a novel but natural view: responsible mental activity can be modeled, not as an ordinary action, but as the settling of a question. This shift will require abandoning the tempting but troublesome thought that responsible activity involves discretion and awareness—which, I argue, we must abandon in any case. (shrink)

Contrary to intuitions that human beings are free to think and act with “buck-stopping” freedom, philosophers since Holbach and Hume have argued that universal causation makes free will nonsensical. Contemporary neuroscience has strengthened their case and begun to reveal subtle and counterintuitive mechanisms in the processes of conscious agency. Although some fear that determinism undermines moral responsibility, the opposite is true: free will, if it existed, would undermine coherent systems of justice. Moreover, deterministic views of human choice clarify the conditions (...) in which we ought to protect people from themselves, for example when they cannot give informed consent to medical procedures. Some of the most unresolved questions in this domain are just now emerging; they include robot ethics and the responsibilities of groups. We propose a philosophical and scientific research program to apply complex systems science to these problems. (shrink)

In this paper, we present the results of the construction and validation of a new psychometric tool for measuring beliefs about free will and related concepts: The Free Will Inventory (FWI). In its final form, FWI is a 29-item instrument with two parts. Part 1 consists of three 5-item subscales designed to measure strength of belief in free will, determinism, and dualism. Part 2 consists of a series of fourteen statements designed to further explore the complex network of people’s associated (...) beliefs and attitudes about free will, determinism, choice, the soul, predictability, responsibility, and punishment. Having presented the construction and validation of FWI, we discuss several ways that it could be used in future research, highlight some as yet unanswered questions that are ripe for interdisciplinary investigation, and encourage researchers to join us in our efforts to answer these questions. (shrink)

Jonas Olson presents a critical survey of moral error theory, the view that there are no moral facts and so all moral claims are false. Part I explores the historical context of the debate; Part II assesses J. L. Mackie's famous arguments; Part III defends error theory against challenges and considers its implications for our moral thinking.

Consider the idea that suffering of some specific kind is deserved by those who are guilty of moral wrongdoing. Feeling guilty is a prime example. It might be said that it is noninstrumentally good that one who is guilty feel guilty (at the right time and to the right degree), or that feeling guilty (at the right time and to the right degree) is apt or fitting for one who is guilty. Each of these claims constitutes an interesting thesis about (...) desert, given certain understandings of what desert is. After examining these claims, the paper briefly explores the idea that an offender might deserve certain forms of treatment by others. The paper concludes by contrasting the modest theses on which it focuses with a far bolder one, to the effect that if we are morally responsible, then it makes sense to suppose that some of us might deserve to suffer eternal torment. The more modest theses do not commit one to anything of this sort. (shrink)

The classical problem of free will is one instance of the Integration Challenge. The Integration Challenge in its general form is that of reconciling our metaphysics of any given area with our epistemology for that same area. In the case of free will, the challenge is that of reconciling our seeming first-person knowledge of our exercise of free thought, deliberation, choice and action with a description of what is really going on in the world as characterized in terms of causation, (...) determination, explanation and causal possibility. (shrink)

Libertarians like Robert Kane believe that indeterminism is necessaryfor free will. They think this in part because they hold both (1) thatmy being the ultimate cause of at least part of myself is necessary forfree will and (2) that indeterminism is necessary for this ``ultimateself-causation''. But seductive and intuitive as this ``USCLibertarianism'' may sound, it is untenable. In the end, nometaphysically coherent (not to mention empirically valid) conception ofultimate self-causation is available. So the basic intuition motivatingthe USC Libertarian is ultimately (...) impossible to fulfill. (shrink)

This paper takes up Adorno’s aesthetics as a dialectic between philosophy and art. In doing so, I argue that art provides a unique way of mediating between theory and practice, between concepts and experience, and between subjectivity and objectivity, because in art these relations are flexible and left open to interpretation, which allows a form of thinking that can point beyond itself. Adorno thus uses reflection on art as a corrective for philosophy and its tendency towards ideology.

There are two broadly competing pictures of moral responsibility. On the view I favor, to be responsible for some action is to be related to it in such a way that licenses attributing certain properties to the agent, properties like blameworthiness and praiseworthiness. Responsibility is attributability. A different view understands being responsible in terms of our practices of holding each other responsible. Responsibility is accountability, which “involves a social setting in which we demand (require) certain conduct from one another and (...) respond adversely to one another’s failures to comply with these demands” (Watson, Philos Top 24:227–248, 1996). My concern here is the relation between moral responsibility and desert. Plausibly, if someone is morally responsible for something wrong then they deserve blame, and it is on the basis of them being morally responsible and its being wrong that they deserve blame. In this paper, I try to make progress toward understanding why it would follow that being morally responsible for something supports a desert claim. I propose to do this by exploring how the “two faces” of responsibility should proceed. An important upshot is that we gain a new currency by which to evaluate extant theories of responsibility that might favor one or the other conception: do they carry plausible desert commitments? To illustrate this benefit, I argue that accountability theory carries implausible implications for deserved praise. (shrink)

Deliberation issues in decision, and so might be taken as a paradigmatic volitional activity. Character, on the other hand, may appear pre-volitional: the dispositions that constitute it provide the background against which decisions are made. Bernard Williams offers an intriguing picture of how the two may be connected via the concept of practical necessities, which are at once constitutive of character and deliverances of deliberation. Necessities are thus the glue binding character and the will, allowing us to take responsibility for (...) our characters. Intriguing though the picture may be, it did not receive a thorough elaboration in Williams’s work. My aim here is to work out and defend what I take to be the most valuable aspect of Williams’s view of agency: its model of the way character and the will can jointly determine agency through mutual constitution. However, I argue that Williams’s attempt to use this model to ground his attack on Kantian morality does not succeed, because the primacy Williams accords to character over the will cannot yield the appropriate kind of normative authority, even from the perspective of the agent. I urge that we retain Williams’s model of the interaction between character and the will, modified to allow the will an authority that is not derived from the necessity of character. (shrink)

This paper is based on the comments I gave to Alfred Mele regarding his original Zygote Argument during my presentation at a small workshop on manipulation arguments in Budapest back in 2012. After those comments, Mele changed the conclusion of his original Zygote Argument (OZA) from a positive, explanatory conclusion to a negative, non-explanatory conclusion--and, correspondingly, redefined 'incompatibilism' so that it would no longer refer in his work to the view that determinism precludes (undermines, eliminates, destroys, etc.) free will, but (...) refers narrowly to the perhaps spurious association claim that appears in the conclusion of the revised Zygote Argument (Mele 2013+). Yet, over the last decade, Mele has made no comment in print about the changes he made, the invalidity objection that led to them, nor to the fact that his revised Zygote Argument was originally presented by me as a (non-optimal) reaction to my invalidity objection to his original Zygote Argument. To my knowledge, Mele has only mentioned this 2015 paper once, at it was not in the context of understanding manipulation arguments; it was, rather, in the context of defending his revised, non-explanatory definition of 'incompatibilism' at the opening of Aspects of Agency (p. 6, n. 4). There, Mele singles out *just this 2015 paper* as a place where they'll find what Mele degrades as a type of nonstandard/nontraditional definition of 'incompatibilism' that he rejects. This is notable because Mele provides no empirical evidence that his preferred definition is standard, and most (including Lehrer, who coined the term) reject the negative, non-explanatory, association-based definition that Mele came to endorse in the aftermath of my invalidity objection to OZA. So, if Mele had a genuine concern about philosophers who use the term 'incompatibilism', then Mele could have--and should have--named almost any leading figure in free will for this purpose (since most--including Pereboom, Vihvelin, Haji, etc.) reject the non-explanatory definition that Mele-2013+ now endorses. Yet, for untold reasons, Mele isolated the working definition of 'incompatibilism' used in one paper by one unemployed junior researcher to use as his example--even though Neil Levy had used this same definition in previously published work (eg. Levy 2011). Moreover, if Mele were genuinely interested in helping his readers understand the ambiguity of terms like 'compatibilism' and 'incompatibilism' it is a mystery that he referenced a paper in which nothing of substance hung on the definitions given to these terms -- especially considering that he might have instead pointed them to my OTHER 2015 paper, "A Critique of Vihvelin's Three-Fold Classification" in which the MAIN AIM of the paper is to expose the difficulties facing anyone who wants to define the terms 'compatibilism' and 'incompatibilism' in a way that everyone will accept (including a critique of the negative, non-explanatory "incompossibilist" definition that Mele adopted after my objection to OZA). By all appearances, Mele's main aim in citing specifically THIS paper and none of my other work was to give readers the false impression that my working definition of 'incompatibilism' played some role in my charge that his argument is invalid (which it doesn't, given that the term doesn't appear in either the premises or conclusion of that argument). Mele adds to this unseemly rhetorical campaign in his book *Manipulation Agents* where he mentions an invalidity objection in the intro (p. 84) and then discusses that objection in the final lines of Chapter 5 of the book (p. 120-121). The invalidity objection discussed here is completely pedantic, has never been seriously raised in the primary literature (and was previously addressed in multiple places my multiple philosophers, including me), and has nothing whatever to do with my invalidity objection. In other words, Mele was content to discuss an invalidity objection that no one has ever had to an argument that is clearly valid while completely ignoring the ONLY substantive invalidity objection to his argument in print. This is unfortunate, because it has led to serious confusion --including the patently false description of my invalidity objection to OZA as an objection to the revised version of the Zygote Argument that Mele adopted in *response* my objection (e.g., Capes mistakenly claims "Mickelson (2015) contends that arguments like this [i.e. like the revised Zygote Argument] are invalid. But that’s because she defines “incompatibilism” differently than I’ve defined it here" in his "Manipulation Arguments and Direct Arguments" chapter in the 2023 Wiley-Blackwell Companion to Free Will; I did not say this, and the definition of 'incompatibilism' is irrelevant to my objection). In "The Zygote Argument Is Invalid--Now What?", I simply use the invalidity of the simple 2-premise Zygote Argument as a foil to make a series of more philosophically significant points (e.g. regarding the dialectical structure of the free-will debate, the role of best-explanation reasoning, and to develop the first-ever "master manipulation argument"). Mele has yet to address my reasons for calling attention to the non-trivial invalidity of his OZA or to any of my answers to the "Now What?" question in this paper, even though this question and my proposed answers to this question are the paper's main point. For those interested in a more recent discussion of how the logical and metaphilosophical observations made in this "Now What?" paper have helped to move the free-will debate forward, I suggest looking at the discussions of the "paradigm shift" in the free-will debate that helps to explain why the free-will debate has become mired in stalemates and empty verbal disputes that are found, for example, in my contributions to the Wiley-Blackwell Companion to Free Will (Intro and Chapter 4, 2023) and my paper "Free Will, Self-Creation, and the Paradox of Moral Luck" (2019). (shrink)

One critique of experimental philosophy is that the intuitions of the philosophically untutored should be accorded little to no weight; instead, only the intuitions of professional philosophers should matter. In response to this critique, “experimentalists” often claim that the intuitions of professional philosophers are biased. In this paper, we explore this question of whose intuitions should be disqualified and why. Much of the literature on this issue focuses on the question of whether the intuitions of professional philosophers are reliable. In (...) contrast, we instead focus on the idea of “muddled” intuitions—i.e. intuitions that are misdirected and about notions other than the ones under discussion. We argue that the philosophically untutored are likely to have muddled intuitions and that professional philosophers are likely to have unmuddled intuitions. Although being umuddled does not, by itself, establish the reliability of the intuitions of professional philosophers, being muddled is enough to disqualify the intuitions of the philosophically untutored. We then turn to the charge that, despite being unmuddled, professional philosophers still have biased intuitions. To evaluate this charge, we switch focus from the general notion of biased intuition to the more specific notion of theory-laden intuition. We argue that there is prima facie evidence—in the form of the presence of conflicts of intuition—for thinking that at least some of the intuitions of professional philosophers are theory-laden. In summary, we conclude that that there is no clean and easy answer to the question of whose intuitions should matter. (shrink)

Incompatibilists and compatibilists (mostly) agree that there is a strong intuition that a manipulated agent, i.e., an agent who is the victim of methods such as indoctrination or brainwashing, is unfree. They differ however on why exactly this intuition arises. Incompatibilists claim our intuitions in these cases are sensitive to the manipulated agent’s lack of ultimate control over her actions, while many compatibilists argue that our intuitions respond to damage inflicted by manipulation on the agent’s psychological and volitional capacities. Much (...) hangs on this issue because manipulation-based arguments are among the most important for defending incompatibilist views of free will. In this paper, I investigate this issue from a experimental perspective, using a set of statistical methods well suited for identifying the features of hypothetical cases people’s intuitions are responding to. Results strongly support the compatibilist view—subjects’ tendency to judge that a manipulated agent is unfree was found to depend on their judgments that the agent suffers impairments to certain psychological/volitional capacities that compatibilists say are the basis for free will. I discuss the significance of these results for the use of manipulation cases in the philosophical debate about free will. (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.

Standard epistemology takes it for granted that there is a special kind of value: epistemic value. This claim does not seem to sit well with act utilitarianism, however, since it holds that only welfare is of real value. I first develop a particularly utilitarian sense of “epistemic value”, according to which it is closely analogous to the nature of financial value. I then demonstrate the promise this approach has for two current puzzles in the intersection of epistemology and value theory: (...) first, the problem of why knowledge is better than mere true belief, and second, the relation between epistemic justification and responsibility. (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 this paper, I develop a quasi-transcendental argument to justify Kant’s infamous claim “man is evil by nature.” The cornerstone of my reconstruction lies in drawing a systematic distinction between the seemingly identical concepts of “evil disposition” (böseGesinnung) and “propensity to evil” (Hang zumBösen). The former, I argue, Kant reserves to describe the fundamental moral outlook of a single individual; the latter, the moral orientation of the whole species. Moreover, the appellative “evil” ranges over two different types of moral failure: (...) while an “evil disposition” is a failure to realize the good (i.e., to adopt the motive of duty as limiting condition for all one’s desires), an “evil propensity” is a failure to realize the highest good (i.e., to engage in the collective project of transforming the legal order into an ethical community). This correlation between units of moral analysis and types of obligation suggests a way to offer a deduction of the universal propensity on behalf of Kant. It consists in tracing the source of radical evil to the same subjective necessity that gives rise to the doctrine of the highest good. For, at the basis of Kant’s two doctrines lies the same natural dialectic between happiness and morality. While the highest good brings about the critically acceptable resolution of this dialectic, the propensity to evil perpetuates and aggravates it. Instead of connecting happiness and morality in an objective relation, the human will subordinatesmorality to the pursuit of happiness according to the subjective order of association. If this reading is correct, it would explain why prior attempts at a transcendental deduction have failed: interpreters have looked for the key to the deduction in the body of Kant’s text, where it is not to be found, for it is tucked, instead, in the Preface to the first edition. (shrink)

Susan Wolf objects to the Real Self View (RSV) of moral responsibility that it is insufficient, that even if one’s actions are expressions of one’s deepest or “real” self, one might still not be morally responsible for one’s actions. As a counterexample to the RSV, Wolf offers the case of JoJo, the son of a dictator, who endorses his father’s (evil) values, but who is insane and is thus not responsible for his actions. Wolf’s data for this conclusion derives from (...) what she takes to be our “pretheoretic intuitions” about JoJo. As it turns out, though, experimental data on actual pretheoretic intuitions does not seem to support Wolf’s claim. In this paper, we present such data and argue that, at least with respect to this particular objection, the RSV can survive Wolf’s attack intact. (shrink)

A belief is reflectively lucky if it is a matter of luck that the belief is true, given what a subject is aware of on reflection alone. Various epistemologists have argued that any adequate theory of knowledge should eliminate reflective luck, but doing so has proven difficult. This article distinguishes between two kinds of reflective luck arguments in the literature: local arguments and global arguments. It argues that local arguments are best interpreted as demanding, not that one be reflectively aware (...) of the reliability of the sources of one’s beliefs, but that one’s beliefs be attributable to one as one’s own. The article then argues that global arguments make illegitimate demands, because they require that we be ultimately answerable for our beliefs. In the end, the article argues that epistemologists should shift their focus away from reflective luck and toward the conditions under which beliefs are attributable to cognitive agents. (shrink)

Determinism is a claim about the laws of nature: very roughly, it is the claim that everything that happens is determined by antecedent conditions together with the natural laws. Incompatibilism is a philosophical thesis about the relevance of determinism to free will: that the truth of determinism rules out the existence of free will. The incompatibilist believes that if determinism turned out to be true, it would also be true that we don't have, and have never had, free will. The (...) compatibilist denies that determinism has the consequences the incompatibilist thinks it has. According to the compatibilist, the truth of determinism does not preclude the existence of free will. (Even if we learned tomorrow that determinism is true, it might still be true that we have free will.) The philosophical problem of free will and determinism is the problem of understanding, how, if at all, the truth of determinism might be compatible with the truth of our belief that we have free will. That is, it's the problem of deciding who is right: the compatibilist or the incompatibilist. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

To be autonomous is to be a law to oneself; autonomous agents are self-governing agents. Most of us want to be autonomous because we want to be accountable for what we do, and because it seems that if we are not the ones calling the shots, then we cannot be accountable. More importantly, perhaps, the value of autonomy is tied to the value of self-integration. We don't want to be alien to, or at war with, ourselves; and it seems that (...) when our intentions are not under our own control, we suffer from self-alienation. What conditions must be satisfied in order to ensure that we govern ourselves when we act? Philosophers have offered a wide range of competing answers to this question. (shrink)

The discussion in this paper begins with some observations regarding a number of structural similarities between art and morality as it involves human agency. On the basis of these observations we may ask whether or not incompatibilist worries about free will are relevant to both art and morality. One approach is to claim that libertarian free will is essential to our evaluations of merit and desert in both spheres. An alternative approach, is to claim that free will is required only (...) in the sphere of morality—and that to this extent the art/morality analogy breaks down. I argue that both these incompatibilist approaches encounter significant problems and difficulties—and that incompatibilist have paid insufficient attention to these issues. However, although the analogy between art and morality may be welcomed by compatibilists, it does not pave the way for an easy or facile optimism on this subject. On the contrary, while the art/morality analogy may lend support to compatibilism it also serves to show that some worries of incompatibilism relating to the role of luck in human life cannot be easily set aside, which denies compatibilism any basis for complacent optimism on this subject. (shrink)