Strong notions of free will are closely connected to the possibility to do otherwise as well as to an agent’s ability to causally influence her environment via her decisions controlling her actions. In this paper we employ techniques from the causal modeling literature to investigate whether a notion of free will subscribing to one or both of these requirements is compatible with naturalistic views of the world such as non-reductive physicalism to the background of determinism and indeterminism. We argue that (...) from a causal modeler’s perspective the only possibility to get both requirements consists in subscribing to reductive physicalism and indeterminism. (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)

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

This paper examines Dworkin's rejection of external scepticism about ethics and his rejection of incompatibilist accounts of moral responsibility. I argue that his rejection of external scepticism is defensible, but that he errs in treating the challenge posed by incompatibilist accounts of moral responsibility as a parallel form of external scepticism. Incompatibilism only appears to be an external challenge if we make certain assumptions about the motivations for incompatibilism, and about the relation between moral responsibility and other values. I argue (...) that we ought to reject these assumptions, and can do so consistent with embracing Dworkin's broader philosophical project. (shrink)

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

This paper proposes a reconciliation between libertarian freedomand causal indeterminism, without relying on agent-causation asa primitive notion. I closely examine Peter van Inwagen's recentcase for free will mysterianism, which is based in part on thewidespread worry that undetermined acts are too chancy to befree. I distinguish three senses of the term ‘chance’ I thenargue that van Inwagen's case for free will mystrianism fails,since there is no single construal of the term ‘change’ on whichall of the premises of his argument for (...) free will–causalindeterminism incompatibilism are true. By use of a particularevent-causal indeterminist account of free action, I support thecase for free will–indeterminism compatibilism. (shrink)

One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...) bad constitution lowers the chance that one will act morally, it offers significant gains to moral standing should that chance materialize. A good constitution increases one’s chance of performing good acts but for correspondingly more modest gains. This effect should smooth out, and possibly eliminate, the expected impact of constitution on moral standing. (shrink)

I argue that unfortunate formative circumstances do not undermine the warrant for either responsibility or blame. I then diagnose the tendency to think that formative circumstances do matter in this way, arguing that knowledge of these circumstances can play an essential epistemic role in our interpersonal interactions.

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)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of sexual violence includes both (...) types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

Someone owes gratitude to God for something only if God benefits her and is morally responsible for doing so. These requirements concerning benefit and moral responsibility generate reasons to doubt that human beings owe gratitude to God for their own moral goodness. First, moral character must be generated by its possessor’s own free choices, and so God cannot benefit moral character in human beings. Second, owed gratitude requires being morally responsible for providing a benefit, which rules out owed gratitude to (...) God because God must do what is best. Both reasons are unpersuasive. I argue that God can benefit morally good character in human beings with and without their free choices. Subsequently, I argue against views of moral responsibility that preclude divine moral responsibility and argue that influential accounts of moral responsibility preserve it. Thus, these two requirements generate no problem for owed gratitude to God. (shrink)

According to the Free Will Explanation of a traditional view of hell, human freedom explains why some people are in hell. It also explains hell’s punishment and finality: persons in hell have freely developed moral vices that are their own punishment and that make repentance psychologically impossible. So, even though God continues to desire reconciliation with persons in hell, damned persons do not want reconciliation with God. But this moral vice explanation of hell’s finality is implausible. I argue that God (...) can and would make direct or indirect alterations in their character to give them new motivational reasons that re-enable their freedom to repent. Subsequently, I argue that it is probable that each damned person will be saved eventually, because there is a potential infinity of opportunities for free repentance. Thus, if the Free Will Explanation’s descriptions of hell and divine love are correct, it is highly probable that each person in hell escapes to heaven. (shrink)

“Free Will” is a philosophical term of art for a particular sort of capacity of rational agents to choose a course of action from among various alternatives. Which sort is the free will sort is what all the fuss is about. (And what a fuss it has been: philosophers have debated this question for over two millenia, and just about every major philosopher has had something to say about it.) Most philosophers suppose that the concept of free will is very (...) closely connected to the concept of moral responsibility. Acting with free will, on such views, is just to satisfy the metaphysical requirement on being responsible for one's action. (Clearly, there will also be epistemic conditions on responsibility as well, such as being aware—or failing that, being culpably unaware—of relevant alternatives to one's action and of the alternatives' moral significance.) But the significance of free will is not exhausted by its connection to moral responsibility. Free will also appears to be a condition on desert for one's accomplishments (why sustained effort and creative work are praiseworthy); on the autonomy and dignity of persons; and on the value we accord to love and friendship. (See Kane 1996, 81ff. and Clarke 2003, Ch.1.). (shrink)

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

This dissertation examines the viability of a feminist ethic of flourishing. The possibility of a eudaimonist, or flourishing-based, ethic adapted for the needs of feminist ethics and politics has recently been raised by a number of feminist moral philosophers. However, in these discussions, the degree to which an ethic of flourishing requires a substantive conception of human nature has not been adequately addressed. Flourishing-based ethical theories appear to require a substantive account of the kind of thing whose flourishing is to (...) be promoted, while contemporary academic feminism is characterized by a strong suspicion toward claims about human nature. Chapter one situates this problem in the current literature and reframes feminist anti-essentialist objections to nature claims. Chapter two analyzes three historically influential exemplars of the ethics of flourishing: Aristotle, Hume, and Marx. Employing the analytic categories developed in chapter two, chapters three through five assess the work of Rosalind Hursthouse, Martha Nussbaum, and Lisa Tessman for their adequacy to serve as the basis of a feminist ethic of flourishing. I argue that each has something of value to offer and yet each is problematic when it comes to how they appeal (or fail to appeal) to human nature. The central argument of this dissertation is that, properly understood, a theory of human nature can be a critical resource for a feminist ethic of flourishing. As such, feminist moral philosophers who would condemn oppression, gender-based subordination, and other injustices by appealing to an ideal of flourishing that is being denied or cut off, would benefit from greater attention to the assumptions about human nature that such theories of flourishing entail. On the view defended here, a normative conception of human nature is a necessary methodological element of a flourishing-based ethical theory that illuminates the reasons one has in support of a particular vision of flourishing. While I leave open the question of how such a conception of human nature could be objectively justified, this dissertation argues that a theory of human nature can serve as a normative resource for feminist moral criticism within a flourishing-based ethical framework. (shrink)

When the question is posed as to when Chinese thought influenced Western philosophy, people often turn to the philosophy of the German rationalist Christian Wolff, whose 1721 speech on the virtues of Confucianism led to his academic indictment and eventual ousting from the University of Halle in 1723. In his speech, Wolff lauds the Chinese for attaining virtues by natural revelation rather than appealing to Christian revelation, which made their accomplishments all the more impressive in his eyes (Fuchs 2006). According (...) to Kanamori (1997), the audience of Wolff’s speech “criticized it as the product of atheistic thoughts because they thought that the speaker valued Chinese morality as highly as Christian morals, which were formulated by divine revelation” (p. 299). The worry, in other words, was that Wolff was corrupted by Chinese thought since the atheism of Confucianism may have influenced Wolff’s own views. Almost invariably, Gottfried Wilhelm von Leibniz’s name is involved in conversations that question the Chinese influence on Western philosophy, but it is typically tempered by the standard scholarly interpretation of the Leibniz-China connection, which is that Leibniz respected Chinese thought but was not influenced by it. I will argue against this standard scholarly interpretation by showing how Leibniz could have been influenced by Chinese thought. In particular, I propose that Leibniz’s conception of monads, which is something that we only see after his engagement with Chinese thought, may have been influenced by the Huayan Buddhist concept of li, which creeps into the Neo-Confucianism with which Leibniz had exposure. Should my argument be persuasive, this means that Chinese thought influenced the Western world sooner than has been previously believed. (shrink)

This thesis philosophically examines, critically discusses, and proposes how a plausible philosophical framework of consciousness and free will should be formulated. This framework takes into account contemporary scientific research on human consciousness and free will and its possible challenges; also it is examined how this framework should be related to theistic beliefs – especially those connected to human and divine consciousness and free will. First, an overview of important research within the natural sciences about the conscious mind is presented together (...) with its challenges to a theistic worldview. Next, questions related to reductive physicalism and dualism as a thesis and an antithesis are discussed. This dialectical approach leads to two lines for possible alternatives: emergence theories and process panpsychism. The subsequent analysis suggests that a form of process panpsychism in combination with a weaker form of emergence is most plausible. After a discussion of some central ideas about determinism and indeterminism, together with a brief overview of standard arguments within the philosophical free will debate, the proposed emergent process panpsychism is related to these standard arguments in the free will debate and scientific research about decision-making. As a result it will be suggested how free will should be understood in relation to the emergent process panpsychism. The consequences of these results are then discussed in relation to a theistic worldview. Here panentheism will be suggested as the most reasonable conception of God. Also, the consequences for divine consciousness, divine action and interaction, the human soul, life before birth and after death, and more briefly a personal relationship with God, theological determinism, omniscience, and omnipotence will be discussed specifically in relation to panentheism in an emergent process panpsychist setting. (shrink)

In the contemporary debate between determinism and indeterminism, quantum mechanics are used by libertarianists, both as a resource to escape the determinism imposed by classical physics, and as a tool to search for a ground to the possibility of free will and moral responsibility. This paper will show that every defense of free will based on quantum mechanics has to overcome at least two objections: on the one hand what I have decided to call the scale principle, and, on the (...) other hand Robert Kane´s luck principle. As will be shown, to answer the first objection does not imply answering the second. Through an analysis of the most recent proposals attempting to solve the latter, this paper will try to conclude that none of the proposals offers a convincing explanation of how quantum mechanics can help to solve the problem of free will. Instead, quantum mechanics seem to contribute to its complication. (shrink)

I argue that certain kinds of luck can partially determine an agent’s praiseworthiness and blameworthiness. To make this view clearer, consider some examples. Two identical agents drive recklessly around a curb, and one but not the other kills a pedestrian. Two identical corrupt judges would freely take a bribe if one were offered. Only one judge is offered a bribe, and so only one judge takes a bribe. Put in terms of these examples, I argue that the killer driver and (...) bribe taker are more blameworthy than their counterparts. I offer three arguments for that view, and, in doing so, I exemplify a general way to advance the moral luck debate. First, I argue against an account of moral responsibility that implies that the judges are equally blameworthy. Second, I argue that the killer driver is more blameworthy than the merely reckless driver. Third, I locate an alternative sense in which the agents in each case pair are morally on par. (shrink)

Wittgenstein offers three objections to the idea of aesthetics as a branch of psychology: (i) Statistical data about people’s preferences have no normative force. (ii) Artistic value is not instrumental value, a capacity to produce independently identifiable – and scientifically measurable – psychological effects. (iii) While psychological investigations may bring to light the causes of aesthetic preferences, they fail to provide reasons for them. According to Wittgenstein, aesthetic explanations (unlike scientific explanations) are poignant synoptic representations of aspects of a work, (...) and the criterion of success of an aesthetic explanation is that it satisfies the addressee. He repeatedly remarked that they resemble philosophical explanations, which also try to dispel puzzlement or confusion. The difference, however, is that whereas in philosophy we deal with general conceptual problems, aesthetic explanations typically concern individual responses to particular works of art. (shrink)

El objetivo de este artículo es analizar dos argumentos estoicos (uno de ellos transmitido por Cicerón y Aulo Gelio, el otro por Nemesio y Alejandro) que han sido frecuentemente interpretados como una defensa del compatibilismo. Presentaremos una interpretación alternativa de ambos argumentos, concentrándonos en el horizonte naturalista ofrecido por la metafísica y la ética del estoicismo antiguo. El análisis se articulará sobre el concepto de “asentimiento” y sobre la distinción entre aquello que “depende de nosotros” y aquello que no.

A naturalist wanting to understand our conscious experience of free will may find it difficult to judge exactly what content is present in that experience. I provide an approach for how naturalistic theories of consciousness can be used to go about that, and then I apply David Rosenthal’s HOT theory to that approach. After explaining HOT theory’s framework, I review the literature on the experience of free will in order to identify which items of content of the experience are libertarian (...) and which are compatibilist. I then use HOT theory to show how various mental states interact to produce content associated with the experience of libertarian free will. Since the naturalist can’t accept libertarian metaphysics, the conclusion is that the experience of free will is illusory. I end by addressing concerns with that conclusion, including the question of why it is that we still feel free. (shrink)

In this project, I will analyze, summarize, and critique the incompatibilist theory known as source incompatibilism, which argues that a moral agent is morally responsible for an action only if they are the proper source of that action. More specifically, I will analyze the source incompatibilist views of event-causal incompatibilism, which argues that an agent has free will only if there exists indeterminacy in her decision-making process, either before the formation of a decision itself of during the formation of a (...) decision. I will argue that event-causal incompatibilist views suffer from problems of control and moral chanciness. Thus I will argue that event-causal incompatibilism is no more philosophically tenable than its compatibilist counterparts. If this is true, the event-causal incompatibilist ought to abandon it due to considerations of parsimony. After I have successfully refuted event-causal incompatibilism, I will introduce a novel theory of moral responsibility compatibilism of my own, which I will argue is the only tenable philosophical theory left for the proponent of event-causal incompatibilism. I will attempt to reconcile moral responsibility with causal determinism, utilizing an argument from the philosophy of David Enoch in his book Taking Morality Seriously. When this is complete, I will defend my compatibilist theory from various objections by philosophers Saul Smilansky and Ishtiyaque Haji. I will end the discussion with a brief introduction to other non-libertarian views of moral responsibility and determinism, which do not require libertarian notions of free will and thus do not require indeterminacy for freedom. These include Saul Smilansky’s illusionism and Derk Pereboom’s hard incompatibilism. I will analyze these views, but ultimately I will critique them. I will argue that these theories also are lacking, and so they are not viable alternatives to the proponent of moral responsibility. (shrink)

In his 1962 paper “Freedom and Resentment," Peter Strawson attempts to reconcile incompatibilism and compatibilism about moral responsibility and determinism. First, I present the error committed by the proponents of both these traditional views, which Strawson diagnoses as the source of their standoff, and the remedy Strawson offers to avoid the conflict. Second, I reconstruct the two arguments Strawson offers for a theory of moral responsibility that is based on his proposed remedy. Third, I present and respond to two proposed (...) problems for the Strawsonian theory: moral luck and revisionism. I conclude with a summary of my defense of Strawsonian “expressivism” about moral responsibility, and offer suggestions for further research. (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, I will present the responsibility-compatibilist argument against responsibility-incompatibilists (hard-determinists and libertarians), according to whom the existence of ‘free-will’, threatened by determinism, is necessary for moral responsibility. First, I will identify what responsibility-incompatibilism presupposes as necessary conditions of moral responsibility: the Strong Doctrine of Free-Will and the Voluntary Control Principle. Second, inspired by Williams, I will demonstrate that our real practice of responsibility does not necessarily presuppose these conditions. Finally, I will defend responsibility-compatibilism from an objection.

Many find it intuitive that having been manipulated undermines a person's free will. Some have objected to accounts of free will like Harry Frankfurt's (according to which free will depends only on an agent's psychological structure at the time of action) by arguing that it is possible for manipulated agents, who are intuitively unfree, to satisfy Frankfurt's allegedly sufficient conditions for freedom. Drawing resources from Greg Egan's "Reasons to Be Cheerful" as well as from stories of psychologically sophisticated artificial intelligence (...) (such as Isaac Asimov's "The Bicentennial Man"), I rebut this objection to "structuralist" accounts of free will, arguing that the very possibility of free will for persons like us requires that we admit that a person can be free even when lacking control over the character from which she acts. I conclude with some implications for the freedom and personhood of artificial intelligences. (shrink)

I here press an often overlooked question: Why does the fairness of a sanction require an adequate opportunity to avoid it? By pressing this question, I believe I have come to better understand something that has long puzzled me, namely, what philosophers (and others) might have in mind when they talk about “true moral responsibility,” or the “condemnatory force” of moral blame, or perhaps even “basic desert.” In presenting this understanding of “condemnation” or of “basic desert,” I am presenting an (...) idea that I do not, myself, endorse—one to which I am, myself, opposed. I present and defend it, hoping that, if what I say accurately captures what people have in mind, it will also show how condemnation or desert, in this sense, can be left behind. (shrink)

Derk Perebooms Free Will, Agency, and Meaning in Life (2014) provides the most lively and comprehensive defense of free will skepticism in the literature. It contains a reworked and expanded version of the view he first developed in Living without Free Will (2001). Important objections to the early book are answered, some slight modifications are introduced, and the overall account is significantly embellished—for example, Pereboom proposes a new account of rational deliberation consistent with the belief that one’s actions are causally (...) determined (ch.5) and develops a forward-looking theory of moral responsibility consistent with free will skepticism (ch.6). A significant contribution to the field, Free Will, Agency, and Meaning in Life is destined to become a classic and is essential reading for anyone interested in free will and moral responsibility. (shrink)

Examines the relevance of empirical studies of responsibility judgments for traditional philosophical concerns about free will and moral responsibility. We argue that experimental philosophy is relevant to the traditional debates, but that setting up experiments and interpreting data in just the right way is no less difficult than negotiating traditional philosophical arguments. Both routes are valuable, but so far neither promises a way to secure significant agreement among the competing parties. To illustrate, we focus on three sorts of issues. For (...) illustration, we discuss an error theory for incompatibilist intuitions proposed by Eddy Nahmias and colleagues, the role that empirical studies might have in the assessment of manipulation arguments for incompatibilism, and the suggestion that empirical studies reveal that core criteria for moral responsibility ought not to be applied invariantly across different sorts of cases. (shrink)

In this paper, I defend the view that the requested euthanasia of adults is morally permissible and should be legalised; I use an argument from analogy which compares physician-assisted euthanasia with morally less ambiguous and, in my opinion, an acceptable instance of mercy killing. I also respond to several objections that either try to prove that the instance of mercy killing is not acceptable, or that there is a fundamental difference between these two cases of killing. Furthermore, in the remainder (...) of the paper I defend the moral permissibility and legalisation of euthanasia against several objections that appeared in local disputes on this issue, based on the concepts of the limits of freedom, the slippery slope, and the needlessness of euthanasia. (shrink)

According to the doctrine of informed consent medical procedures are morally permissible when a patient has consented to the treatment. Problematically it is possible for a patient to consent to or refuse treatment which consequently leads to a decline in her best interests. Standardly, such conflicts are resolved by prioritising the doctrine of informed consent above the requirement that the medical practitioner acts in accordance with the duty of care. This means that patient free choice is respected regardless as to (...) whether her choice leads to a decline in her best interests, since to disrespect patient choice would be an instance of ‘unwarranted’ paternalism. This thesis defends the claim that in cases where patient consent comes into conflict with her best interests, paternalistic interference is in fact justified. The ambition of the thesis is thus twofold: in the first place I argue that the doctrine of informed consent cannot be used as an ethical guarantor for medical decision making. Secondly I will conclude that hard paternalism is justified in medical practice, thereby calling for a reversal of the prioritisation of informed consent procedures over the medical practitioner’s duty of care. (shrink)

There is an apparent disagreement between recent commentators who find in Nietzsche both a constructive philosophy and a compatibilist account of freedom, and Brian Leiter’s reading that rejects both. The reason for this disagreement, I argue, is that Leiter’s “illiberal” view is limited in scope to Nietzsche’s critical philosophy, while Nietzsche also has a constructive philosophy aimed at select readers. I read Nietzsche’s critical philosophy as targeting the metaphysical entities that underpin asceticism and herd values, not the mental states and (...) processes with which these entities are associated. The “no such entity” reading preserves the resources needed to read Nietzsche as offering a replacement for the ascetic ideal—and an alternative source for life’s meaning. Although few of his readers will have been born with the drives needed to throw off herd values and enjoy compatibilist freedom, these readers are the intended audience for Nietzsche’s constructive philosophy. (shrink)

In recent decades, with advances in the behavioral, cognitive, and neurosciences, the idea that patterns of human behavior may ultimately be due to factors beyond our conscious control has increasingly gained traction and renewed interest in the age-old problem of free will. To properly assess what, if anything, these empirical advances can tell us about free will and moral responsibility, we first need to get clear on the following questions: Is consciousness necessary for free will? If so, what role or (...) function must it play? Are agents morally responsible for actions and behaviors that are carried out automatically or without conscious control or guidance? Are they morally responsible for actions, judgments, and attitudes that are the result of implicit biases or situational features of their surroundings of which they are unaware? What about the actions of somnambulists or cases of extreme sleepwalking where consciousness is largely absent? Clarifying the relationship between consciousness and free will is imperative if we want to evaluate the various arguments for and against free will. For example, do compatibilist reasons- responsive and deep self accounts require consciousness? If so, are they threatened by recent developments in the behavior, cognitive, and neurosciences? What about libertarian accounts of free will? What powers, if any, do they impart to consciousness and are they consistent with our best scientific theories about the world? In this survey piece, I will outline and assess several distinct views on the relationship between consciousness and free will. (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)

The present chapter is concerned with revisionism about free will. It begins by offering a new characterization of revisionist accounts and the way such accounts fit (or do not) in the familiar framework of compatibilism and incompatibilism. It then traces some of the recent history of the development of revisionist accounts, and concludes by remarking on some challenges for them.

A critical overview to the bulk of extant Buddhist theories of free will.

Since philosophers generally agree that free will is understood partly by the relation it holds to moral responsibility, achieving a better understanding of free will requires that we have a clear idea of the sort of moral responsibility to which free will is thought to be connected. I argue that examining the substantive differences that exist between compatibilists and incompatibilists reveals a specific notion of moral responsibility that is best suited for philosophical debates regarding free will. Upon examination, it becomes (...) apparent that the primary substantive disputes between compatibilists and incompatibilists—as well as between libertarians and skeptics—have to do with the issue of whether retributivist reward or punishment is ever appropriate for certain kinds of agents. Drawing from this, I suggest that participants in the free will debate adopt a particular understanding of moral responsibility that can ground the propriety of retributivist justice. (shrink)

What Heidegger means by “freedom” in Being and Time is somewhat mysterious: while the notion crops up repeatedly in the book, there is no dedicated section or study, and the concept is repeatedly connected to a new and opaque idea – that of the “choice to choose oneself.” Yet the specificity of Being and Time’s approach to freedom becomes apparent when the book is compared to other texts of the same period, in particular The Metaphysical Foundations of Logic, The Fundamental (...) Concepts of Metaphysics, The Essence of Grounds, and The Essence of Freedom. Although there are some differences, the definition of freedom that can be found there identifies it with “existence” or “transcendence,” Dasein’s ek-static opening onto the world. Thus “being in the world must also be primordially bound up with or derived from the basic feature of Dasein’s existence, freedom… Dasein’s transcendence and freedom are identical! Freedom provides itself with intrinsic possibility: a being is, as free, necessarily in itself transcending”. Note the apodictic modality of the claim: it is not simply the case that Dasein, as transcending, is free. Anything that has the structure of being in the world must be free: freedom is co-extensive with Dasein. Yet Dasein is often pictured in Being and Time as anything but free: it “ensnares itself”, is “lost”, “alienated”, and needs to be “liberated”. Thus comparison between Being and Time and other texts on freedom yields an important paradox: although by definition it transcends toward the world, the Dasein of Division I is deprived of freedom. It must be free, and yet phenomenological analysis shows that it is not free. To understand the specific meaning of freedom in Being and Time, one has to square this circle. (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)

This dissertation is on infinite regress arguments in philosophy. Its main goals are to explain what such arguments from many distinct philosophical debates have in common, and to provide guidelines for using and evaluating them. Two theories are reviewed: the Paradox Theory and the Failure Theory. According to the Paradox Theory, infinite regress arguments can be used to refute an existentially or universally quantified statement (e.g. to refute the statement that at least one discussion is settled, or the statement that (...) discussions are settled only if there is an agreed-upon criterion to settle them). According to the Failure Theory, infinite regress arguments can be used to demonstrate that a certain solution fails to solve an existentially or universally quantified problem (e.g. to demonstrate that a certain solution fails to settle all discussions, or that it fails to settle even one discussion). In the literature, the Paradox Theory is fairly well-developed, and this dissertation provides the Failure Theory with the same tools. (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)