Consent governs innumerable everyday social interactions, including sex, medical exams, the use of property, and economic transactions. Yet little is known about how ordinary people reason about the validity of consent. Across the domains of sex, medicine, and police entry, Study 1 showed that when agents lack autonomous decision-making capacities, participants are less likely to view their consent as valid; however, failing to exercise this capacity and deciding in a nonautonomous way did not reduce consent judgments. Study 2 found that (...) specific and concrete incapacities reduced judgments of valid consent, but failing to exercise these specific capacities did not, even when the consenter makes an irrational and inauthentic decision. Finally, Study 3 showed that the effect of autonomy on judgments of valid consent carries important downstream consequences for moral reasoning about the rights and obligations of third parties, even when the consented-to action is morally wrong. Overall, these findings suggest that laypeople embrace a normative, domain-general concept of valid consent that depends consistently on the possession of autonomous capacities, but not on the exercise of these capacities. Autonomous decisions and autonomous capacities thus play divergent roles in moral reasoning about consent interactions: while the former appears relevant for assessing the wrongfulness of consented-to acts, the latter plays a role in whether consent is regarded as authoritative and therefore as transforming moral rights. (shrink)

Can experimental philosophy help us answer central questions about the nature of moral responsibility, such as the question of whether moral responsibility is compatible with determinism? Specifically, can folk judgments in line with a particular answer to that question provide support for that answer. Based on reasoning familiar from Condorcet’s Jury Theorem, such support could be had if individual judges track the truth of the matter independently and with some modest reliability: such reliability quickly aggregates as the number of judges (...) goes up. In this chapter, however, I argue, partly based on empirical evidence, that although non-specialist judgments might on average be more likely than not to get things right, their individual likelihoods fail to aggregate because they do not track truth with sufficient independence. (shrink)

This book aims to show that recent developments in neuroscience permit a defense of free will. Through language, human beings can escape strict biological determinism.

Tourette’s Syndrome can involve disruptive “ticcing” behavior. Past work suggests that people sometimes blame those making tics for such disruptions. In the current work, we examined how blame perceptions vary depending on the person’s obligation and capacity to refrain from ticcing. Across two studies, we manipulated whether a person ticced in a formal versus informal social situation (obligation), after a weak versus strong urge to tic (capacity). We assessed perceptions of blame, free will, and moral character. Blame increased with increasing (...) obligation and capacity, and perceptions of free will primarily increased with increasing capacity, with perceived obligation playing a smaller role. Moral character ratings were largely unaffected by the manipulations, but people rated the person higher in moral character when their perceived obligation and capacity were low. Generally, women, younger people, and people who knew someone with Tourette’s rated the person who ticced more positively. Overall, these results suggest that whereas blame is sensitive to a person’s obligation and capacity, these perceptions do not map cleanly onto moral character perceptions, in part perhaps due to reduced free will perceptions. Efforts to normalize tics may reduce the perceived obligation to refrain, thereby avoiding both the pitfalls of blaming people with Tourette’s or viewing them as lower in free will. (shrink)

Can addiction be credibly invoked as an excuse for moral harms secondary to particular decisions to use drugs? This question raises two distinct sets of issues. First, there is the question of whether addiction is the sort of consideration that could, given suitable assumptions about the details of the case, excuse or mitigate moral blameworthiness. Most discussions of addiction and moral responsibility have focused on this question, and many have argued that addiction excuses. Here I articulate what I take to (...) be the best argument for this view, based on the substantial difficulty that people with severe addiction experience in controlling drug-related behavior. This, I argue, may in some cases be sufficient to ground a mitigating excuse, given the way in which addiction undermines agents’ responsiveness to relevant moral reasons to do otherwise. Much less attention has been devoted to a second set of issues that critically affect the possibility of applying this mitigating excuse in particular cases, derived from the ambivalent nature of agential control in addiction. In order to find a fitting response to moral harm, the person with the right standing to blame must make a judgment about the extent to which the agent possessed certain morally relevant capacities at the time of the act. In practice, this will often prove tremendously difficult to assess. The ethical challenge for the person with the right standing to blame is fundamentally one of making a judgment about matters that seem underdetermined by the available evidence. (shrink)

Belief in substance dualism, the idea that mind and matter are two different kinds of substances, has been found to be a strong predictor of belief in free will. Why? Here, we test whether believing that mind and matter are different kinds of substance correlates with differences in how people think of free will and/or differences in how people interpret the scenarios used to test their conceptions. We provided participants (N = 515) with two hypothetical scenarios where the world was (...) presented either as deterministic or not and asked them whether they thought that a given decision could be free in that world. Incompatibilist free will requires that determinism, the idea that at any instant only one possible future can follow from the state of the world, is false. Compatibilists hold that free will is possible even if determinism is true. In this study, we investigate if substance dualists are more compatibilist. We find that they are not, and that both dualists and physicalists agree that free will is incompatible with determinism. In addition, we show that dualists and physicalists are equally likely to commit bypassing, i.e., to misinterpret determinism as excluding mental causation. We also show that dualists have a stronger tendency to commit intrusion, i.e., to misinterpret determinism by importing indeterministic metaphysics into their interpretation of deterministic descriptions. (shrink)

Two experiments tested the hypothesis that neurological abnormalities decrease punishment by decreasing perceptions of free will. Experiment 1 found that a brain tumor decreased punishment for criminal behavior by decreasing perceptions of the afflicted criminal’s free will. This effect was stronger for liberal and non-religious participants than for conservative and religious participants. Experiment 2 replicated Experiment 1 and additionally found that a brain tumor decreased perceptions of the afflicted criminal’s conscious decisions and true self, thereby decreasing perceptions of his free (...) will, thereby decreasing his punishment. Collectively, these results suggest that neurological abnormalities decrease punishment by decreasing perceptions of free will, especially among liberals and non-religious people. These results also suggest that neurological abnormalities decrease perceptions of free will – and ultimately decrease punishment – by decreasing perceptions of conscious decisions and the true self. (shrink)

Neuroscientists have located brain activity that prepares or encodes action plans before agents are aware of intending to act. On the basis of these findings and broader agency research, activity in these regions has been proposed as the neural realizers of practical intention. My aim in this paper is to evaluate the case for taking these neural states to be neural representations of intention. I draw on work in philosophy of action on the role and nature of practical intentions to (...) construct a framework of the functional profile of intentions fit for empirical investigation. With this framework, I turn to the broader empirical neuroscience literature on agency to assess these proposed neural representations of intention. I argue that while these neural states in some respects satisfy the functions of intention in planning agency prospective of action, their fit with the role of intention in action execution is not well supported. I close by offering a sketch of which experimental task features could aid in the search for the neural realizer of intention in action. (shrink)