Frankfurt-style cases challenge the intuitively plausible “Principle of Alternative Possibilities” (pap), which claims that moral responsibility requires the ability to do otherwise. Most such cases have familiar responses by defenders of the pap, most notably the “dilemma defense” levied against traditional Frankfurt-style cases. However, one particular style – buffered alternatives cases – are even more challenging. The ingenuity of these cases lies in the introduction of a necessary-but-not-sufficient condition for doing otherwise, which acts as a buffer between the agent and (...) potential alternatives. I develop a new dilemma for buffered alternatives Frankfurt-style cases which shows that they too fail to constitute counterexamples to the pap. I argue that the buffer, though it may remove certain alternative possibilities, shifts the locus of responsibility to earlier provisional or character-forming decisions. These prior, responsibility-conferring decisions cannot be said to have been made without the ability to do otherwise. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...) we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In his latest book Mechanical Choices, Michael Moore provides an explication and defence of the idea that responsibility comes in degrees. His account takes as its point of departure the view that free action and free will consist in the holding of certain counterfactuals. In this paper, I argue that Moore’s view faces several familiar counterexamples, all of which serve to motivate Harry Frankfurt’s classic insight that whether and to what extent one is responsible for one’s action has more to (...) do with what actually caused that action than with what one could or couldn’t have done instead. I then go on to sketch an alternative approach to degrees of responsibility that takes seriously this insight. I’ll argue that Moore ought to be sympathetic to this approach, inasmuch as it combines two familiar Moorean ideas: the idea that causal contribution comes in degrees, and the idea that acting freely is compatible with, and indeed entails, the fact that one’s action was caused by prior states of affairs. (shrink)

According to the Dilemma Defense, it is question-begging against the incompatibilist defender of the principle of alternative possibilities (PAP) to assume that the agent in a deterministic Frankfurt-style case (FSC) cannot do otherwise in light of causal determinism, but is nevertheless morally responsible. As a result, Fischer (Philos Rev 119:315–336, 2010; Analysis 73:489–496, 2013) attempts to undermine PAP in a different manner via a deterministic FSC. More specifically, Fischer attempts to show that if causal determinism rules out an agent’s moral (...) responsibility, it is not in virtue of its eliminating the agent’s alternative possibilities. I contend that, once we focus upon the distinction between entailment and explanation, the incompatibilist defender of PAP can successfully rebut Fischer’s argument. I argue for this claim while granting Fischer a number of assumptions that only render a defense of PAP more difficult. Additionally, I cast doubt upon Palmer’s (Synthese 191:3847–3864, 2014) critique of Fischer’s argument, which in turn renders my defense of PAP all the more critical. (shrink)

The new dispositionalists defend the position that an agent in a deterministic Frankfurt-style case has the ability to do otherwise, where that ability is the one at issue in the principle of alternative possibilities. Focusing specifically on Kadri Vihvelin's proposal, I argue against this position by showing that it is incompatible with the existence of structurally similar cases to FSCs in which a preemptive intervener bestows an agent with an ability.

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

This paper explores what the metaphysics of time travel might teach us about moral responsibility. We take our cue from a recent paper by Yishai Cohen, who argues that if time travel is metaphysically possible, then one of the most influential theories of moral responsibility (i.e., Fischer and Ravizza’s) is false. We argue that Cohen’s argument is unsound but that Cohen’s argument can serve as a lens to bring reasons-responsive theories of moral responsibility into sharper focus, helping us to better (...) understand actual-sequence theories of moral responsibility more generally and showing how actual-sequence theorists should respond to a recent criticism. (shrink)

In the book, I provide an account of what it is for an agent to have an ability. According to the Success View, abilities are all about success across possible situations. In developing and applying the view, the book elucidates the relation between abilities on the one hand and possibility, counterfactuals, and dispositions on the other; it sheds light on the distinction between general and specific abilities; it offers an understanding of degrees of abilities; it explains which role intentions and (...) performances play for the having of an ability, how abilities relate to success and failure, and gives an outlook at how the view might be applied to the free will debate and time travel. (shrink)

One response to the Frankfurtian attack on the Principle of Alternate Possibilities is to advert to the observation that the agent’s actual action (or the particular event resulting from that action) is numerically distinct from the corresponding action (or the resultant event) he would have generated in the relevant counterfactual scenario. Since this response is based on taking actions and events to be fragile, I shall call it the fragilist account of alternative possibilities. This paper addresses an anti-fragilist argument delivered (...) by John Martin Fischer. I contend that, on close examination, Fischer’s counterargument does not undermine the fragilist account. (shrink)

Two principles regarding agents' specific ability are proposed. The first claims that ordinary agents always lack the ability to do otherwise in the past, while the second principle observes that it is at least possible for some agent to have the ability to perform some action in the past. These two principles further give rise to three desiderata for a true account of ability. Two accounts of ability in the literature—the conditional analysis and the dispositional account—are then examined but they (...) both fail to meet the desiderata simultaneously. A modal principle of ability is motivated at the end. (shrink)

Compatibilist libertarianism claims that alternate possibilities for action at the agential level are consistent with determinism at the physical level. Unlike traditional compatibilism about alternate possibilities, involving conditional or dispositional accounts of the ability to act, compatibilist libertarianism offers us unqualified modalities at the agential level, consistent with physical determinism, a potentially big advance. However, I argue that the account runs up against two problems. Firstly, the way in which the agential modalities are generated talks past the worries of the (...) incompatibilist in the traditional free will problem. As such, it fails to dispel the worries that determinism generates for the incompatibilist. Secondly, in spite of the ingenious use of the supervenience thesis and multiple realizability, the position still allows us to generate the old worry that determinism at the physical level would mean no alternate possibilities at the level of agency. In particular, I develop a new example, the ‘atomic slit case’ that demonstrates how physical level information is salient to what is possible at the agential level, motivating incompatibilism. (shrink)

The aim of this paper is to challenge libertarian accounts of free will. It is argued that there is an irreconcilable tension between the way in which philosophers motivate the incompatibilist ability to do otherwise and the way in which they formally express it. Potential incompatibilist responses in the face of this tension are canvassed, and it is argued that each response is problematic. It is not claimed that incompatibilist accounts in general are incoherent, but rather that any incompatibilist account (...) that requires that an agent have alternative possibilities at the point of a free action fails. (shrink)

Hard determinists hold that we never have alternative possibilities of action—that we only can do what we actually do. This means that if hard determinists accept the “ought implies can” principle, they must accept that it is never the case that we ought to do anything we do not do. In other words, they must reject the view that there can be “ought”‐based moral reasons to do things we do not do. Hard determinists who wish to accommodate moral reasons to (...) do things we do not do can instead appeal to Humean moral reasons that are based on desires to be virtuous. Moral reasons grounded on desires to be virtuous do not depend on our being able to act on those reasons in the way that “ought”‐based moral reasons do. (shrink)

According to ecological psychology, animals perceive not just the qualities of things in their environment, but their affordances: in James Gibson’s words, ’what things furnish, for good or ill’. I propose a metaphysics for affordances that fits into a contemporary anti-Humean metaphysics of powers or potentialities. The goal is to connect two debates, one in the philosophy of perception and one in metaphysics, that stand to gain much from each other.

This paper explores the prospects for dispositional accounts of abilities. According to so-called new dispositionalists, an agent has the ability to Φ iff they have a disposition to Φ when trying to Φ. We show that the new dispositionalism is beset by some problems that also beset its predecessor, the conditional analysis of abilities, and bring up some further problems. We then turn to a different approach, which links abilities not to motivational states but to the notion of success, and (...) consider ways of implementing that approach. Our results suggest that there are principled disanalogies between abilities and disposition which prevent any dispositional account of abilities from succeeding. (shrink)

Steven French proposes a vindication of “scientifically disinterested” metaphysics that leaves little room to its original ambitions. He claims that as a discipline that looks to find out truths about the world, it is untenable; and that rather, its vindication lies in its use as a “toolbox” of concepts for a philosophical discipline that does have a claim at getting us closer to truth—the philosophy of science, and more specifically of physics. I respond to both his main claims. The first (...) claim, I argue, neglects what I call “archaeological” metaphysics, which tries to impose some order on phenomena by “digging deeper” from the less to the more fundamental, or from the less to the more abstract questions. The second claim imposes a hierarchical relation between metaphysics and philosophy of science which should, I argue, be replaced with a more egalitarian picture of philosophy. (shrink)

Abilities are in many ways central to what being an agent means, and they are appealed to in philosophical accounts of a great many different phenomena. It is often assumed that abilities are some kind of dispositional property, but it is rarely made explicit exactly which dispositional properties are our abilities. Two recent debates provide two different answers to that question: the new dispositionalism in the debate about free will, and virtue reliabilism in epistemology. This paper argues that both answers (...) fail as general accounts of abilities, and discusses the ramifications of this result. (shrink)

Dispositions can be masked: some state of affairs might obtain which would prevent an entity from displaying the manifestation characteristic of its disposition. Yet discussions of masks overlook a number of key problems, chief among them the probabilistic nature of many dispositional masks. In this paper, I highlight the manner in which past analyses of dispositional masks have been unable to solve the problem of masks. I propose an analysis of dispositional masks which focuses on this and a number of (...) other problems, which I argue can address them better than past accounts can. I argue that some entity masks some disposition just in case that entity makes it such that the disposition is less likely to manifest, or such that it will manifest to a lower degree. (shrink)

The human brain, with its 100 billion neurons working in intricate collaborations to create the physical basis of the memories, perceptions, thoughts, and emotions that together make me the person...

Many moral theories incorporate the idea that when an action is wrong, it is wrong because that there was something else that the agent could and should have done instead. Most notable among these are consequentialist theories. According to consequentialism an action A is wrong if and only if there was another action B that the agent could have performed such that, if the agent had performed B instead of A, the consequences would have been better. Relatively little attention has (...) been given to the question of how to understand the meaning of ‘could have’ in this specific context. However, without an answer to this question, consequentialist theories fail to yield determinate verdicts about the deontic status of actions in real scenarios. It is here argued that the following conditional analysis provides the required answer and gives us the most plausible version of consequentialism: the agent could have done B instead of A if and only if, there is a decision such that had the agent made this decision, then she would have done B, and not A. Such a conditional analysis has been universally rejected as an analysis of the general meaning of ‘could have’, but we show that in the specific context of specifying the meaning of ‘could have’ in a consequentialist criterion of right and wrong action, all the standard objections to it fail. (shrink)

Recent work by Alfred Mele, Romy Jaster and Chandra Sripada recognizes that abilities come in degrees of fallibility. The rough idea is that abilities are often not surefire. They are liable to fail. The more liable an ability is to fail, the more fallible it is. Fallibility is plausibly significant for addiction, responsibility, and normative theorizing. However, we lack an adequate account of what fallibility consists in. This article addresses that problem. Perhaps the most natural approach is to say (roughly) (...) the fallibility of your ability to F is the proportion of scenarios in which you do not F, among those in which you try to F. I argue that this approach (in all plausible versions) is mistaken. I then introduce the notion of an action’s “fragility,” and propose that we use that new notion to understand fallibility. (shrink)

In Utopophobia Estlund offers a prominent version of a conditional account of feasibility. I think the account is too permissive. I defend an alternative incentives account of feasibility. The incentives account preserves the spirit of the conditional account but qualifies fewer actions as feasible. Simplified, the account holds that an action is feasible if there is an incentive such that, given the incentive, the agent is likely to perform the action successfully. If we accept that ought implies feasible, then we (...) should reject some normative requirements on agents that Estlund would accept in light of his more permissive conditional account. But we can still recognise normative requirements on individual and collective agents that, if complied with, would result in a world that is radically better than our own. (shrink)

The exercise of synchronic self-control is the way in which an actor can attempt to bring a desire into alignment with his better judgement at the moment and during the interval of time over which, but for the exercise of such self-control, the desire would become the actor’s preponderant desire, which the actor would then translate into an act contrary to his better judgment. The moral psychology of an actor who fails to achieve such self-control can be analyzed in two (...) ways. One way is meant to be consistent with compatibilist metaphysics; the other with libertarian metaphysics. The implications of these analyses for the criminal law are complicated, but perhaps the most important is this: the criminal law should in principle recognize a partial excuse for an actor who exercises synchronic self-control but who gives up his effort because he believes that he can no longer continue to resist. His effort to achieve self-control thus fails, and he ends up translating into action the very desire he set out to control. (shrink)

The familiar complaint that some ambitious proposal is infeasible naturally invites the following response: Once upon a time, the abolition of slavery and the enfranchisement of women seemed infeasible, yet these things were actually achieved. Presumably, then, many of those things that seem infeasible in our own time may well be achieved too and, thus, turn out to have been perfectly feasible after all. The Appeal to History, as we call it, is a bad argument. It is not true that (...) if some desirable state of affairs was actually achieved, then it was feasible that it was achieved. “Actual” does not imply “feasible,” as we put it. Here is our objection. “Feasible” implies “not counterfactually fluky.” But “actual” does not imply “not counterfactually fluky.” So, “actual” does not imply “feasible.” While something like the Flukiness Objection is sometimes hinted at in the context of the related literature on abilities, it has not been developed in any detail, and both premises are inadequately motivated. We offer a novel articulation of the Flukiness Objection that is both more precise and better motivated. Our conclusions have important implications, not only for the admissible use of history in normative argument, but also by potentially circumscribing the normative claims that are applicable to us. (shrink)

The conditional analysis of ability faces familiar counterexamples involving cases of volitional incapacity. An interesting response to the problem of volitional incapacity is to try to explain away the responses elicited by such counterexamples by distinguishing between what we are able to do and what we are able to bring ourselves to do. We argue that this error-theoretic response fails. Either it succeeds in solving the problem of volitional incapacity at the cost of making the conditional analysis vulnerable to obvious (...) counterexamples to its necessity. Or, it avoids the counterexamples to its necessity but fails to solve the problem of volitional incapacity. (shrink)

Externalists about epistemic justification have long emphasized the connection between truth and justification, with this coupling finding explicit expression in process reliabilism. Process reliabilism, however, faces a number of severe difficulties, leading disenchanted process reliabilists to find a new theoretical home. The conceptual flag under which such epistemologists have preferred to gather is that of dispositions. Just as reliabilism is determined by the frequency of a particular outcome, making it possible to characterize justification in terms of a particular relationship to (...) truth, dispositions are accompanied by concrete, worldly manifestations. By taking true beliefs as the result, not of certain processes but of particular dispositions, these epistemologists have attempted to respond to the numerous obstacles to reliabilism. Yet all this work has proceeded without regard to the wealth of contemporary work on the metaphysics of dispositions, making the new hope premature at best, ill-founded at worst. Combining contemporary dispositional accounts of justification with extant analyses of dispositions reveals that the latter is the case. The structural differences between epistemic justification and dispositions make it clear that not only should process reliabilism be abandoned, but the subsequent appeal to dispositions along with it. (shrink)

Peter van Inwagen contends that free will is a mystery. Here I present an argument in the spirit of van Inwagen's. According to the Assimilation Argument, libertarians cannot plausibly distinguish causally undetermined actions, the ones they take to be exercises of free will, from overtly randomized outcomes of the sort nobody would count as exercises of free will. I contend that the Assimilation Argument improves on related arguments in locating the crucial issues between van Inwagen and libertarians who hope to (...) demystify free will, while avoiding objections these arguments have faced. (shrink)

Advances in neuroscience might make it possible to develop techniques for directly altering offenders’ brains, in order to make offenders more responsible and law-abiding. The idea of using such techniques within the criminal justice system can seem intuitively troubling, even if they were more effective in preventing crime than traditional methods of rehabilitation. One standard argument against this use of brain interventions is that it would undermine the individual’s free will. This paper maintains that ‘free will’ (at least, as that (...) notion is understood by those who adopt the influential compatibilist approach) is an inadequate basis for explaining what is problematic about some direct brain interventions. This paper then defends an alternative way of objecting to certain kinds of direct brain interventions, focusing on the relationship between the offender and the state rather than the notion of free will. It opposes the use of interventions which aim to enhance ‘virtue responsibility’ (by instilling particular values about what is right and wrong), arguing that this would objectify offenders. In contrast, it argues that it may be acceptable to use direct brain interventions to enhance ‘capacity responsibility’ (i.e. to strengthen the abilities necessary for the exercise of responsible agency, such as self-control). Finally it considers how to distinguish these different kinds of responsibility enhancement. (shrink)

In this paper, I examine a new line of response to Frankfurt’s challenge to the traditional association of moral responsibility with the ability to do otherwise. According to this response, Frankfurt’s counterexample strategy fails, not in light of the conditions for moral responsibility per se, but in view of the conditions for action. Specifically, it is claimed, a piece of behavior counts as an action only if it is within the agent’s power to avoid performing it. In so far as (...) Frankfurt’s challenge presupposes that actions can be unavoidable, this view of action seems to bring his challenge up short. Helen Steward and Maria Alvarez have independently proposed versions of this response. Here I argue that this response is unavailable to Frankfurt’s incompatibilist opponents. This becomes evident when we put this question to its proponents: “Are actions that originate deterministically ipso facto unavoidable?” If they answer “yes,” they encounter one horn of a dilemma. If they answer “no,” they encounter the other horn. Since no one has a clearer stake in meeting Frankfurt’s challenge than these theorists do, it is significant that the Steward-Alvarez response is unavailable to them. (shrink)

Benjamin Libet’s work paved the way for the neuroscientific study of free will. Other scientists have praised this research as groundbreaking. In philosophy, the reception has been more negative, often even dismissive. First, I will propose a diagnosis of this striking discrepancy. I will suggest that the experiments seem irrelevant, from the perspective of philosophy, due to the way in which they operationalize free will. In particular, I will argue that this operational definition does not capture free will properly and (...) that it is based on a false dichotomy between internal and external causes. However, I will also suggest that this problem could be overcome, as there are no obvious obstacles to an operationalization of free will that is in accord with the philosophical conception of free will. (shrink)

Traditional compatibilism about free will is widely considered to be untenable. In particular, the conditional analysis of the ability to do otherwise appears to be subject to clear counterexamples. I will propose a new version of traditional compatibilism that provides a conditional account of both the ability to do otherwise and the ability to choose to do otherwise, and I will argue that this view withstands the standard objections to traditional compatibilism. For this, I will assume with incompatibilists that the (...) mere possession of a general ability to do otherwise is not sufficient for having the ability that is required for free will. This concession distinguishes the view from the traditional conditional analysis and from recent dispositional accounts of the ability to do otherwise, and we will see that this concession enables a straightforward response to the counterexamples. This, in turn, will play a crucial role in my response to the strongest version of the consequence argument for incompatibilism. (shrink)

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)

This is a critical discussion of Vihvelin’s recent book Causes, Laws, and Free Will. I discuss Vihvelin’s ideas on Frankfurt-style cases and the actual-sequence view of freedom that is inspired by them.

Over the years, two models of freedom have emerged as competitors: the alternative-possibilities model and the actual-sequence model. This paper is a partial defense of the actual-sequence model. My defense relies on two strategies. The first strategy consists in de-emphasizing the role of examples in arguing for a model of freedom. Imagine that, as some people think, Frankfurt-style cases fail to undermine the alternative-possibilities model. What follows from this? Not much, I argue. In particular, I note that the counterparts of (...) Frankfurt-style cases also fail to undermine the actual-sequence model. My second strategy of defense consists in revitalizing the original motivation for the actual-sequence model, by revamping it, isolating it from claims that do not fully capture the same idea, and arguing that it can be developed in a successful way. (shrink)

In this introductory study I discuss the notion of alternative possibilities and its relation to contemporary debates on free will and moral responsibility. I focus on two issues: whether Frankfurt-style cases refute the principle of alternative possibilities, and whether alternative possibilities are relevant to grounding free will and moral responsibility. With respect to the first issue, I consider three objections to Frankfurt-syle cases: the flicker strategy, the dilemma defense, and the objection from new dispositionalism. With respect to the second issue, (...) I consider the debate between Alternative Possibilities views and Actual Sequence views, as framed by Carolina Sartorio in her Causation and Free Will. I then explain how these two issues are relevant to the papers included in this volume. (shrink)

2019 marked the 50th anniversary of Harry Frankfurt’s seminal paper ‘Moral responsibility without alternate possibilities’. The paper set an avalanche of research on the role of alternative possibilities for freedom and responsibility in motion which has not abated to this day. A good 50 years later, the debate over Frankfurt’s central argument and its implications is still very much alive. [...].

Talents often play a significant role in our personal and social lives. For example, our talents may shape the choices we make and the goods that we value, making them central to the creation of a meaningful life. Differences in the level of talents also affect how social institutions are structured, and how social goods and resources are distributed. Despite their normative importance, it is surprising that talents have not yet received substantial philosophical analysis in their own right. As a (...) result, the current literature is rife with conceptual ambiguity: a talent is referred to as all of a skill, potential, ability, capacity, endowment, and a natural gift. In response to this confusion, in this paper I develop an account of what a talent is, based on the debate concerning the metaphysics of ability and dispositions. I argue for a position that I call ‘talent dispositionalism’: S has a talent for skill A in circumstances C iff S has the general disposition to excellently develop and maintain A when, in circumstances C, she tries to excellently develop and maintain A. On this account, a talent is not the skill itself, but a general iterated ability for the excellent development and up-keep of a particular skill, constituted by an agent’s dispositional properties. I defend the account against four objections usually levelled against traditional dispositionalist theories of ability, and highlight some ways the account may influence debates in other areas of philosophical inquiry. (shrink)

In this paper, I examine whether agents who commit testimonial injustice are morally responsible for their wrongdoing, given that they are ignorant of their wrongdoing. Fricker (2007) argues that agents whose social setting lacks the concepts or reasons necessary for them to correct for testimonial injustice are excused. I argue that agents whose social settings have these concepts or reasons available are also typically excused, because they lack the capacity to recognise those concepts or reasons. Attempts to trace this lack (...) of capacity back to an earlier culpable wrongdoing will often fail, due to there being no point at which these perpetrators knowingly chose to develop their prejudices. Attempts to ground culpability under Talbert’s (2008) Attributionist account of moral responsibility will also fail. This is because perpetrators’ lack of awareness of what they are doing makes it the case that they are not expressing objectionable evaluative judgments in the way required for blameworthiness. Finally, I argue that our temptation to blame agents who commit testimonial injustice is not completely unfounded. Appealing to Watson’s (1996) attributability/accountability distinction allows us to make sense of how some responses to the jurors are appropriate, despite their being excused. (shrink)

The mental realm seems different to the physical realm; the mental is thought to be dependent on, yet distinct from the physical. But how, exactly, are the two realms supposed to be different, and what, exactly, creates the seemingly insurmountable juxtaposition between the mental and the physical? This review identifies and discusses five marks of the mental, features that set characteristically mental phenomena apart from the characteristically physical phenomena. These five marks (intentionality, consciousness, free will, teleology, and normativity) are not (...) presented as a set of features that define mentality. Rather, each of them is something we seem to associate with phenomena we consider mental, and each of them seems to be in tension with the physical view of reality in its own particular way. It is thus suggested how there is no single mind-body problem, but a set of distinct but interconnected problems. Each of these separate problems is analyzed, and their differences, similarities and connections are identified. This provides a useful basis for future theoretical work on psychology and philosophy of mind, that until now has too often suffered from unclarities, inadequacies, and conflations. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Most nonhuman animals live on the terms imposed on them by human beings. This condition of being under the mastery of another, or domination, is what republicanism identifies as political unfreedom. Yet there are several problems that must be solved in order to successfully extend republicanism to animals. Here I focus on the question of whether freedom can be a benefit for individuals without a free will. I argue that once we understand the grounds that make freedom a desirable property (...) of choices, we can see how it is appropriate to predicate it of those made by any sentient agent. (shrink)

Jack Spencer has recently argued for the striking thesis that, possibly, an agent is able to do the impossible—that is, perform an action that is metaphysically impossible for that person to perform. Spencer bases his argument on (Simple G), a case in which it is impossible for an agent G to perform some action but, according to Spencer, G is still intuitively able to perform that action. I reply that we would have to give up at least four action-theoretical principles (...) if we accept that G is able to do the impossible. We may be best off retaining the principles and thus rejecting Spencer's intuition that G is able to do the impossible. I then consider an argument for the claim that G is able to do the impossible that goes through the Snapshot Principle. I, however, deny that any true variant of the Snapshot Principle shows that G is able to do the impossible. Moreover, the counterexample to the Snapshot Principle that I develop also suggests that G is unable to do the impossible in (Simple G). The most natural explanation for why an agent is unable to perform some action in this counterexample extends to (Simple G). Next, I develop three error theories for why we might initially share Spencer's intuition that G is able to do the impossible in (Simple G). Finally, I consider a couple other "G-cases" of Spencer's and find them all wanting. Perhaps we are unable to do the impossible. (shrink)

In everyday life, we assume that there are degrees of blameworthiness and praiseworthiness. Yet the debate about the nature of moral responsibility often focuses on the “yes or no” question of whether indeterminism is required for moral responsibility, while questions about what accounts for more or less blameworthiness or praiseworthiness are underexplored. In this paper, I defend the idea that degrees of blameworthiness and praiseworthiness can depend in part on degrees of difficulty and degrees of sacrifice required for performing the (...) action in question. Then I turn to the question of how existing accounts of the nature of moral responsibility might be seen to accommodate these facts. In each case of prominent compatibilist and incompatibilist accounts that I consider, I argue that supplementation with added dimensions is required in order to account for facts about degrees of blameworthiness and praiseworthiness. For example, I argue that the reasons-responsiveness view of Fischer and Ravizza requires supplementation that takes us beyond even fine-grained measures of degrees of reasons-responsiveness in order to capture facts about degrees of difficulty to extend the reasons-responsiveness view by appealing to such measures). I conclude by showing that once we recognize the need for these additional parameters, we will be in a position to explain away at least some of the appeal of incompatibilist accounts of moral responsibility. (shrink)

If one’s solution to the free will problem is in terms of real causal powers of agents then one ought to be an incompatibilist. Some premises are contentious but the following new argument for incompatibilism is advanced: 1. If causal determinism is true, all events are necessitated2. If all events are necessitated, then there are no powers3. Free will consists in the exercise of an agent’s powersTherefore, if causal determinism is true, there is no free will; which is to say (...) that free will is incompatible with determinism, so compatibilism is false. (shrink)

Christian List has recently presented a compatibilist libertarian solution to the free will and determinism problem. He proposes the admixture of libertarianism, which endorses agential alternative possibilities, with physical determinism, which endorses the necessity of physical effects. In this paper, we argue that List's innovative proposal ultimately fails.