Galen Strawson defends his pessimist position with his famous “Basic Argument”. He attempts to prove that no agent can meet the demands for the ultimate moral responsibility. I argue that the Basic Argument is not impressive because it commits to a linear justification framework under which not only the notion of free will and moral responsibility but every notion would inevitably involve a vicious infinite regress. Surprisingly, this point has not been significantly addressed in the literature of Strawson’s Basic Argument. (...) I scaffold my argument against “Basic Argument” by critically reviewing and comparing Frankfurt, Christman and Ekstrom’s approach to autonomy. I show that any approach, which commits to a linear justification framework, would inevitably involve an infinite regress problem. To make his argument more impressive, Strawson will have to show why he commits to a hierarchical justification framework in the Basic Argument in the first place. (shrink)

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)

O principal objetivo desse artigo é responder a questão sobre o que constitui a responsabilidade moral. Tentaremos demonstrar que a responsabilidade moral tem duas características centrais, a saber, exigências internalistas e autoridade social. Para tal propósito, faremos uso de estratégias compatibilistas. O próximo passo será tentar descrever a concepção de responsabilidade substancial de Thomas Scanlon e, no final desse artigo, estipularemos um argumento sobre um tipo de responsabilidade moral razoável que pode estar contida na teoria da justiça como equidade de (...) John Rawls. (shrink)

Neste artigo pretendo mostrar a importância do conceito de razoável na teoria da justiça como equidade, de John Rawls e também, explicar o problema da razoabilidade nessa teoria. O ponto de partida será ressaltar a exigência de razoabilidade que é feita ao agente moral na justiça como equidade. Posteriormente, procurarei identificar algumas críticas a esse critério. Partirei da crítica formulada por Estlund a respeito do estreitamento do conceito de razoabilidade e a necessidade da verdade e das críticas estabelecidas por Timmons (...) e Gaus sobre a exigência demasiada e ineficaz da razoabilidade. O passo seguinte será tentar responder a essas críticas formuladas e, na parte final do texto, procurarei estipular um argumento a respeito de um tipo de responsabilidade moral razoável que pode estar contida na justiça como equidade. (shrink)

La cuestión de ‘Por qué hay alguien más bien que nadie?’ obliga a retomar la que indaga por qué hay algo y no más bien nada, que debemos a Leibniz y que implica su principio de razón suficiente, la completa determinación y la confianza que ello provee. 1) Perseguiremos esa implicación con cierto detalle hasta lograr la dimensión que Leibniz le otorga aalguien y sus propiedades en su sistema. 2) Mediante una sucinta consideración histórica a partir del contraste de Descartes (...) con el trasfondo neoplatónico, y un recuento de la reacción de Spinoza frente a su predecesor, intentaré ilustrar la postura de Leibniz respecto de la pregunta que nos orienta. 3) Pero la pregunta es pertinente todavía hoy frente a posturas que apostarían a que más bien >nadie que alguien, tales como el naturalismo o el nihilismo, 4) para lo cual finalmente valoraremos cuánto nos ayuda Leibniz, y qué tanto hemos de apartarnos de él, o de una tradicional interpretación de su concepto de razón. (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)

The number of publications that highlight the influence of visions and futuristic narratives on the development of emerging technologies increases. Toolboxes such as “Hermeneutical Technology Assessment” and “Vision Assessment” provide methodological considerations on how to assess techno-futuristic narratives, their proponents, and their impact on technological development. Because of their contributions to the technoscientific discourse, a special responsibility for technological processes is attributed to the “visioneers” of such narratives. While such a claim naturally follows from an agential role in a process, (...) it is not clear whether visioneers should be held responsible. Some problems of this attribution will be addressed in the present paper. Particularly the following questions will be considered: Which role does autonomy play for responsibility? Is causation sufficient for the attribution of responsibility? Which role do intentions and alternatives play for the responsibility of visioneers? These questions will be discussed against the backdrop of contemporary approaches to the responsibility of visioneering and classic philosophical works in the field. Furthermore, the problem of accountability will be considered. Socio-technical systems are highly complex, which makes it hard to trace back the origins of particular developments. It will be argued that it is currently unreasonable to give visioneers the status of an important player. The article will shed light on the several dimensions of responsibility and provide a more nuanced understanding of responsibility in the context of new and emerging technologies. (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)

P.F. Strawson famously argued that reactive attitudes and ordinary moral practices justify moral assessments of blame, praise, and punishment. Here we consider whether Strawson's approach can illuminate the concept of desert. After reviewing standard attempts to analyze this concept and finding them lacking, we suggest that to deserve something is to justifiably receive a moral assessment in light of certain criteria – in particular, eligibility criteria (a subject's properties that make the subject principally eligible for moral assessments) and assignment criteria (...) (particulars about the subject, act, and circumstances that justify assessments such as blame in a particular case). Strawson's analysis of the ordinary attitudes and practices of moral assessment hints at these criteria but does not unequivocally ground a notion of desert. Following Strawson's general naturalistic approach, we show that recent psychological research on folk concepts and practices regarding freedom, moral responsibility, and blame illuminates how people actually arrive at moral assessments, thus revealing the very eligibility criteria and assignment criteria we suggest ground a concept of desert. By pushing the Strawsonian line even further than Strawson did, by empirically investigating actual moral practice and folk understandings, we can illuminate desert and lend credence to Strawson's general anti-metaphysical position. (shrink)

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

We explore a ‘Neo-Cartesian’ account of divine ultimacy that raises the concept of God to its ultimate level of abstraction so that we can do away with even the question of his existence. Our starting point is God’s relation to the logical and metaphysical order of reality and the views of Descartes and Leibniz on this topic. While Descartes held the seemingly bizarre view that the eternal truths are freely created by God, Leibniz stands for the mainstream view that the (...) eternal truths are grounded in God’s nature. We argue that the implausibility of Descartes’ doctrine stems mainly from the assumption that there is a non-epistemic notion of absolute necessity that constitutes the ultimate court of appeal for all modal questions and that this assumption is questionable. We also question the assumption that God’s ultimacy merely requires that all reality be grounded in God in the sense of mere explanation, so that it suffices if the necessary truths are grounded in God’s nature but not in God’s will. This will lead us to a reassessment of Descartes’ position. In the final and main part of the paper, we push Descartes’ doctrine of the creation of the eternal truths to its ‘logical’ conclusion with the aim of getting to a novel conception of ‘God.’. (shrink)

The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized (...) the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence. (shrink)

Incompatibilists about free will and responsibility often maintain that incompatibilism is the intuitive, commonsense position. Recently, this claim has come under unfavorable scrutiny from naturalistic philosophers who have surveyed philosophically uneducated undergraduates.1 But there is a much older problem for the claim that incompatibilism is intuitive – if incompatibilism is intuitive, why is compatibilism so popular in the history of philosophy? In this paper I will try to answer this question by pursuing a rather different naturalistic methodology. The idea is (...) to look not at the responses of the philosophically naïve, but at the views of the most sophisticated – the philosophers.. (shrink)

From the first time I encountered the problem of free will in college, it struck me that a clear-eyed view of free will and moral responsibility demanded some form of nihilism. Libertarianism seemed delusional, and compatibilism seemed in bad faith. Hence I threw my lot in with philosophers like Paul d’Holbach, Galen Strawson, and Derk Pereboom who conclude that no one is truly moral responsible. But after two decades of self- identifying as a nihilist, it occurred to me that I (...) had continued to treat my friends. (shrink)

Experimental philosophy is the name for a recent movement whose participants use the methods of experimental psychology to probe the way people think about philosophical issues and then examine how the results of such studies bear on traditional philosophical debates. Given both the breadth of the research being carried out by experimental philosophers and the controversial nature of some of their central methodological assumptions, it is of no surprise that their work has recently come under attack. In this paper we (...) respond to some criticisms of experimental philosophy that have recently been put forward by Antti Kauppinen. Unlike the critics of experimental philosophy, we do not think the fledgling movement either will or should fall before it has even had a chance to rise up to explain what it is, what it seeks to do (and not to do), and exactly how it plans to do it. Filling in some of the salient details is the main goal of the present paper. (shrink)

In this paper I argue that many scholars involved in the contemporary free will debates have underappreciated the philosophical appeal of agent causation because the resources of contemporary emergentism have not been adequately introduced into the discussion. Whereas I agree that agent causation’s main problem has to do with its intelligibility, particularly with respect to the issue of how substances can be causally relevant, I argue that the notion of substance causation can be clearly articulated from an emergentist framework. According (...) to my proposal, a free agent is _a causally powerful substance that emerges in an anomic way from her constitutive mental events_, downwardly constraining, selecting and, in this way, having control on them. As we shall see, this particular concept of agent causation not only makes sense of the deep insight behind agent libertarianism, but it also provides us with the resources to solve some of the main objections that have been raised against it. It is true that here I cannot develop a complete defense of the evidential credentials of emergentism. Still, even if the considerations that follow do not serve to convince detractors of agent causal libertarian accounts of free will, they do suggest that libertarian agent causation is more promising than is typically acknowledged. (shrink)

There seems to be a tension between determinism and moral responsibility such that, if determinism is true then perhaps we cannot be responsible for our actions. In his On What Matters, Derek Parfit tried to find a way to dissolve this tension through discussing a Kantian argument about the noumenal world. In recent years Parfit’s argument has received some criticism, which has sought to undermine his argument while also making a variety of different claims about his actual views on this (...) issue. In this paper, I argue that Parfit’s argument requires modification: and my proposals not only promise to make his argument clearer, but can also be used to answer some of his critics. I conclude by setting out a coherent argument—based on Parfit’s writings—for defusing the tension between determinism and moral responsibility. We will see that the truth of determinism is not a threat for moral responsibility—at least in some senses. (shrink)

Abolitionism is the view that if no one is responsible, then we ought to abandon the reactive attitudes. Proponents suggest that reactive attitudes can be replaced in our emotional repertoire by non-reactive analogues. In this paper, I dispute and reject a common challenge to abolitionism according to which the reactive attitudes are necessary for protesting unfairness and maintaining social harmony. While other abolitionists dispute the empirical basis of this objection, I focus on its implications. I argue that even if non-reactive (...) analogues cannot perform the interpersonal and social functions of reactive attitudes, it does not follow that the losses of abandoning them outweigh the gains of retaining them. The force of the challenge rests on a mistake, identified by John Stuart Mill among others, that is common when evaluating entrenched social practices. (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 forensic psychiatrist’s task is often considered to be tightly connected to the concept of free will. Yet, there is also a lack of clarity about the role of the concept of free will in forensic psychiatry. Recently, Morse has argued that forensic psychiatrists should not mention free will in their reports or testimonies, and, moreover, that they should not even think about free will. Starting from a discussion on Morse’s claims, I will develop my own view on how forensic (...) psychiatrists are confronted with the issue of free will and how they should deal with this concept and the confusion surrounding it. I conclude that psychiatrists should at least feel free to think about free will and that the conceptual challenges connected to the issues of free will and accountability could rather encourage than deter forensic psychiatrists to think about them. (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)

Even though the idea that privacy is some kind of control is often presented as the standard view on privacy, there are powerful objections against it. The aim of this paper is to defend the control account of privacy against some particularly pressing challenges by proposing a new way to understand the relevant kind of control. The main thesis is that privacy should be analyzed in terms of source control, a notion that is adopted from discussions about moral responsibility.

A familiar claim in the free will debate is that the freedom in dispute between compatibilists and incompatibilists is limited to the type required for an agent to deserve blame for moral wrongdoing, and to deserve it in a sense that is basic. In this paper, I seek a rationale for this claim, offer an explanation of basic desert, and then argue that the free will debate can persist even when divorced from basic desert.

How should we understand basic desert as a justification for blaming? Many philosophers account for free will by reference to the sort of moral responsibility that involves a blameworthy person deserving blame in a basic sense of desert; free will just is the control condition for this sort of moral responsibility. But what precisely does basic desert come to, and what is it about blame that makes it the thing that a blameworthy person deserves? As it turns out, there are (...) challenges in attempting to understand basic desert for blame. One concerns whether the only good in harming a person by blaming her is instrumental. If so, there may be reason to reject desert-based conceptions of blame. In this paper, I will develop an account of basically deserved blame. In doing so, I will also defend the controversial thesis that the harm involved in blaming can be good in a way that is not merely instrumental. (shrink)

Revisionism about moral responsibility is the view that we would do well to distinguish between what we think about moral responsibility and what we ought to think about it, that the former is in some important sense implausible and conflicts with the latter, and so we should revise our concept accordingly. In this paper, I assess two related problems for revisionism and claim that focus on the first of these problems has thus far allowed the second to go largely unnoticed. (...) Here I develop this new objection to revisionism and argue that, while revisionists can successfully respond to the reference-anchoring problem, the normativity-anchoring problem poses a serious objection to the view. In particular, the methodological commitments used to motivate revisionism make it uniquely difficult for revisionists to justify our continued participation in the practice of moral praising and blaming. I conclude by briefly addressing a potential objection based on a common charge against revisionism: that there is no real difference between the view and its conventional competitors and thus the normativity-anchoring problem is of little interest in the broader dialectic. I argue that both of these claims are false. (shrink)

There is a lively debate over who is to blame for the harms arising from unhealthy behaviours, like overeating and excessive drinking. In this paper, I argue that given how demanding the conditions required for moral responsibility actually are, we cannot be highly confident that anyone is ever morally responsible. I also adduce evidence that holding people responsible for their unhealthy behaviours has costs: it undermines public support for the measures that are likely to have the most impact on these (...) harms. I claim that these two facts—the fact that we cannot be highly confident that anyone is morally responsible and the fact that holding people responsible for their unhealthy behaviours has costs—interact. Together they give us a powerful reason for believing, or acting as if we believed, that ordinary people are not in fact responsible for their unhealthy behaviours. (shrink)

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

In a recent book, The Problem of the Soul, Owen Flanagan discusses the Cartesian, or agent causation, view of free will. According to this view, when a person acts of his own free will his action is not caused by antecedent events but is caused by the agent himself, and in acting the agent acts as an uncaused cause. Flanagan argues at length that this view is false. In this article, I defend the agent causation view against Flanagan’s criticisms and (...) I go on to critically address his own ‘neo-compatibilist’ alternative to the agent causation view. In doing so, I hope to exhibit some common misconceptions about the nature of the agent causation view and to show that this is a view that deserves more serious consideration. (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)

Reading Nietzsche’s many remarks on freedom and free will, we face a dilemma. On the one hand, Nietzsche levels vehement attacks against the idea of the freedom of the will in several places throughout his writing. On the other hand, he frequently describes the sorts of people he admires as ‘free’ in various respects, as ‘free spirits’, or as in possession of a ‘free will’. So does Nietzsche think that we are or perhaps could be free, or not? I argue (...) that we ought to read these seemingly conflicting claims as part of one unified project, which is to try to understand what true freedom would look like. Nietzsche’s attacks on ‘free will’, I suggest, are not intended to establish that we are not free, but rather to show that a certain tempting picture of freedom is confused and totally inadequate for purpose. The positive half of Nietzsche’s project, then, should be read as his attempt to do a better job – to provide an account of freedom that better articulates what we were trying, via the confused picture, to get at. (shrink)

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)

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)

It typically taken for granted that agents can be morally responsible for such things as, for example, the death of the victim and the capture of the murderer in the sense that one may be blameworthy or praiseworthy for such things. The primary task of a theory of moral responsibility, it is thought, is to specify the appropriate relationship one must stand to such things in order to be morally responsible for them. I argue that this common approach is problematic (...) because it attempts to explain the way in which an agent can be morally responsible for something that is external to her, the agent. Since, I argue, everything that matters for moral responsibility is internal to the agent, the accounts that emerge from this approach are committed to a particular form of moral luck. Instead, we should reject this form of moral luck, and with it, the possibility of moral responsibility for objects external to the agent. We are, I argue, morally responsible only for our inner willings. Thus, a form of internalism about moral responsibility is defended. (shrink)

This paper responds to three critical essays on my book, The Significance of Free Will(Oxford, 1996) by Randolph Clarke, Istiyaque Haji and Alfred Mele (which essays appear in this issue and an earlier issue of this journal). This response first explains crucial features of the theory of free will of the book, including the notion of ultimate responsibility.The paper then answers objections of Haji and Mele that the occurrence of undetermined choices would be matters of luck or chance, and so (...) could not be responsible actions. It then responds to concerns of Clarke that indeterminism provides no greater degree of control for defenders of incompatibilist free will and to concerns Clarke has about the notions of "effort" and "willing" in the book. Finally, the paper addresses objections of Haji concerning Frankfurt type-examples and the relation of moral responsibility to the power to act otherwise, and it addresses a concern of Mele's about why we should want a free will that is incompatible with determinism. (shrink)

Harming other people is prima facie wrong. Unless we can be very certain that doing so is justified under the circumstances, we ought not to do it. In this paper, I argue that we ought to dismantle harsh retributivist criminal justice systems for this reason; we cannot be sufficiently certain that the harm is justified. Gregg Caruso, Ben Vilhauer and others have previously argued for the same conclusion; however, my own version sidesteps certain controversial premises of theirs. Harsh retributivist criminal (...) justice can only be morally right if the following three propositions are true: Moral responsibility exists, retributivism is right, and we can find out how much punishment offenders deserve for their crimes. Suppose that we initially assign a high credence to each of the three propositions; I assume for the sake of argument that there are good arguments in support of each. Nevertheless, these arguments ultimately depend on intuitions. Since we have philosophical peers whose intuitions differ from ours, we ought to downgrade our credence in each. However, even slightly less credence in each proposition means far less credence in a conjunction of all three. Since the stakes are high and there are morally safer options for a criminal justice system, we ought to dismantle harsh retributivist ones. (shrink)

I argue that we do not intentionally and rationally shape our character and values in major ways. I base this argument on the nature of transformative experiences, that is, those experiences which are transformative from personal and epistemological points of view. The argument is roughly this. First, someone who undergoes major changes in her character or values thereby undergoes a transformative experience. Second, if she undergoes such an experience, her reasons for changing in a major way are inaccessible to her (...) beforehand. Third, if such reasons are inaccessible beforehand, she cannot act on them and thus cannot rationally and intentionally shape her character or values. I also explore some consequences of my argument, especially those related to control and responsibility. (shrink)

Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence of only some of them would (...) make morality unfair. I, however, argue that this intermediary approach is unstable, because either morality is fair in ways that rule out resultant, circumstantial, and constitutive moral luck (and this leads to moral responsibility skepticism), or morality is unfair in ways that permit the existence of those kinds of moral luck. Thus, such intermediary approaches lack the motivation that their proponents have long taken them to have. In the appendix, I point to ways in which morality is unfair concerning the scope of moral responsibility, moral obligation, moral taint, being a good or bad person, and flourishing. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities and (...) those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

I assess Robert Kane's view that global Frankfurt-type cases don't show that freedom to do otherwise is never required for moral responsibility. I first adumbrate Kane's indeterminist account of free will.This will help us grasp Kane's notion of ultimate responsibility, and his claim that in a global Frankfurt-type case, the counterfactual intervener could not control all of the relevant agent's actions in the Frankfurt manner, and some of those actions would be such that the agent could have done otherwise. Appealing (...) to considerations of responsibility and luck, I then show that the global cases survive Kane's objections. (shrink)

The law marks a significant difference between violent and non-violent criminal actions. Violent crimes are typically met with more severe punishments and consequences than non-violent crimes. Even in discussions of criminal justice reform, the refrain remains: violent crime is different; those convicted of violent crimes are different; and it is appropriate to respond to violent crime differently. This article argues that the violent/non-violent distinction cannot bear the normative weight placed on it and that we should jettison violence and move to (...) thinking about objectionable harm caused and risked. There are moral constraints on punishment from considerations of proportionality and equality, these are connected to wrongful harm and facts about agent culpability, and there is no consistent relationship between violence and wrongful harm nor between violence and culpability. The article concludes by offering an error-theory concerning our commitment to treating violent crime differently and suggests that morally better categorizations are available. (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)