Direct brain intervention based mental capacity restoration techniques-for instance, psycho-active drugs-are sometimes used in criminal cases to promote the aims of justice. For instance, they might be used to restore a person's competence to stand trial in order to assess the degree of their responsibility for what they did, or to restore their competence for punishment so that we can hold them responsible for it. Some also suggest that such interventions might be used for therapy or reform in criminal legal (...) contexts-i.e. to make non-responsible and irresponsible people more responsible. However, I argue that such interventions may at least sometimes fail to promote these responsibility-related legal aims. This is because responsibility hinges on other factors than just what mental capacities a person has-in particular, it also hinges on such things as authenticity, personal identity, and mental capacity ownership-and some ways of restoring mental capacity may adversely affect these other factors. Put one way, my claim is that what might suffice for the restoration of competence need not necessarily suffice for the restoration of responsibility, or, put another way, that although responsibility indeed tracks mental capacity it may not always track restored mental capacities. (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)

I address various critiques of the approach to moral responsibility sketched in previous work by Ravizza and Fischer. I especially focus on the key issues pertaining to manipulation.

The relevance of personal history to questions of moral responsibility is a challenging topic all around, but especially for those who deny that deterministic histories preclude morally responsible...

In the early 1980’s van Inwagen presented the Direct Argument for the incompatibility of determinism with moral responsibility. In the course of the ensuing debate, Fischer, McKenna and Loewenstein have replied, each in their own way, that versions of the Direct Argument do not pose even a prima facie threat to compatibilism. Their grounds were that versions of the Direct Argument all use the “Transfer NR” inference rule in a dialectically problematic way. I rebut these replies here. By so doing, (...) I hope to set the Direct Argument debate on a more fruitful path. (shrink)

According to Fischer and Ravizza, an agent has guidance control over some action A, whenever A is issued from one of their own moderately reasons-responsive mechanisms. This involves two elements: the process P leading to their action being suitably responsive to reasons-; and their taking an attitude towards processes of kind P such that they see themselves as the agents of the behaviour those processes issue. For the purposes of this paper, I assume that guidance control amounts to actually guiding (...) some action. I present, and defend, a counterexample in which an agent intentionally acts via a suitably reasons-responsive process which they have taken responsibility for and yet, intuitively, does not actually guide their action. On this basis, I argue that taking responsibility for a moderately reasons-responsive mechanism is not sufficient for having guidance control. (shrink)

To what extent should an analysis of an agent’s being morally responsible for an action that he performed—especially a compatibilist analysis of this—be sensitive to the agent’s history? In this article, I give the issue a clearer focus than it tends to have in the literature, I lay some groundwork for an attempt to answer the question, and I motivate a partial but detailed answer.

What are the freedom-relevant conditions necessary for someone to be a morally responsible person? I examine several key authors beginning with Harry Frankfurt that have contributed to this debate in recent years, and then look back to the writings or Søren Kierkegaard to provide a solution to the debate. In this project I investigate the claims of semi-compatibilism and argue that while its proponents have identified a fundamental question concerning free will and moral responsibility—namely, that the agential properties necessary for (...) moral responsibility ascriptions are found in scenarios where the agent acts on her own as opposed to her action resulting from freedom undermining external causes such as manipulation, phobias, etc.—they have failed to show that the freedom-relevant agential properties identified in those actual-sequence scenarios are compatible with causal determinism. My argument is that only a voluntarist-libertarian theory can adequately account for the kinds of cases that the semicompatibilist identify. I argue that there are three freedom-relevant conditions necessary for someone to be a morally responsible person: a hierarchical understanding of human desires [specifically and mental states generally], an incompatibilist (non-deterministic) understanding of human action, and a historical understanding of character development. The ability to reflect critically about one’s own desires and emotions, and thus to have a kind of self-knowledge and understanding with regard to the springs of one’s own actions, is required to make it possible for the agent to be the “source” of her own actions and character. The non-deterministic understanding of human action is needed for a similar reason: if determinism is true, then every action a person performs can be ultimately traced to and exhaustively explained in terms of factors outside the agent’s control, thus making the agent’s responsibility for his actions an illusion. And finally,human nature must be such that, over time, one’s choices leave a dispositional residue self-understanding and motivation in the person’s self, out of which, in mature understanding and motivation, the person acts as a fully responsible agent. (shrink)

Traditionally, incompatibilists about moral responsibility and determinism claim that we cannot be morally responsible unless we could have done otherwise and that we cannot do otherwise if we are determined. The Direct Argument for incompatibilism supposedly offers its defenders a dialectical advantage over this traditional approach insofar as it does not appear to rely on either of these controversial claims. Recently, though, David Widerker has argued against this supposition and urged that it is time to say farewell to the Direct (...) Argument. I examine two of Widerker’s criticisms and argue that, while they are not compelling, a revised version of one does show that supporters of the Direct Argument will very likely need to deny that an agent could do otherwise if determinism is true. I conclude that, nevertheless, the Direct Argument may still have considerable dialectical appeal and that neither of Widerker’s criticisms should lead us to say goodbye to it just yet. (shrink)

This paper provides a discussion and defense of a recent formulation of the idea that moral responsibility for actions depends on the capacity to respond to reasons. This formulation appears in several publications by John Martin Fischer and Mark Ravizza, where the authors argue that moral responsibility involves a kind of control over one's actions which they call "guidance control." This kind of control does not require an agent's ability to do something different from what he actually does, but instead (...) requires only that the actual process leading to the action be responsive in some suitable way to the reasons that the agent has for acting. After summarizing this view, I offer the following two innovations to the authors' view: I argue that the level of control required for moral responsibility (which I call "regular reasons-responsiveness") is much stronger than what the author's view allows for; and 2) I give a common-sense account of the kinds of motivational mechanism relevant to moral responsibility. Given these innovations, I show that this kind of view allows us to easily answer some counterexamples that appear in the current literature on moral responsibility. (shrink)

The Direct Argument for the incompatibility of determinism and moral responsibility is so christened because this argument allegedly circumvents any appeal to the principle of alternate possibilities – a person is morally responsible for doing something only if he could have avoided doing it – to secure incompatibilism. In this paper, I first summarize Peter van Inwagen’s version of the Direct Argument. I then comment on David Widerker’s recent responses to the argument. Finally, I cast doubt on the argument by (...) constructing counterexamples to a rule of inference it invokes. (shrink)

Traditionally, incompatibilism has rested on two theses. First, the familiar Principle of Alternative Possibilities says that we cannot be morally responsible for what we do unless we could have done otherwise. Accepting this principle, incompatibilists have then argued that there is no room for such alternative possibilities in a deterministic world. Recently, however, a number of philosophers have argued that incompatibilism about moral responsibility can be defended independently of these traditional theses (Ginet 2005: 604-8; McKenna 2001; Stump 1999: 322-4, 2000 (...) and 2002; van Inwagen 1983: 182-8; and Zagzebski 2000). Incompatibilists of this stripe are generally motivated by the concern that, if determinism .. (shrink)

Arguments for the incompatibility of determinism and moral responsibility sometimes make use of various transfer of non-responsibility principles. These principles purport to specify conditions in which lack of moral responsibility is transmitted to the consequences of things for which people are not morally responsible. In this paper, after developing what I take to be the most serious objections to extant principles of this sort, I identify and defend a new transfer of non-responsibility principle that is immune to these and other (...) objections. This new principle says, roughly, that if you are not morally responsible for any of the circumstances that led to a particular outcome, and if you are not morally responsible for those circumstances leading to that outcome, then you are not morally responsible for the outcome either. After defending this principle against a number of objections, I use it to argue for the conclusion that no one is even partly morally responsible for anything, if determinism is true. (shrink)