In this paper I argue that adopting a perdurance view of persistence through time does not lead to skepticism about moral responsibility, despite what many theorists have thought.

Recent experimental research has revealed surprising patterns in people's intuitions about free will and moral responsibility. One limitation of this research, however, is that it has been conducted exclusively on people from Western cultures. The present paper extends previous research by presenting a cross-cultural study examining intuitions about free will and moral responsibility in subjects from the United States, Hong Kong, India and Colombia. The results revealed a striking degree of cross-cultural convergence. In all four cultural groups, the majority of (...) participants said that (a) our universe is indeterministic and (b) moral responsibility is not compatible with determinism. (shrink)

Suppose that time t is just a few moments from now. And suppose that the proposition that Jones sits at t was true a thousand years ago. Does the thousand-years-ago truth of that proposition imply that Jones's upcoming sitting at t will not be free? This article argues that it does not. It also argues that Jones even now has a choice about the thousand-years-ago truth of that Jones sits at t . Those arguments do not require the complex machinery (...) of Ockhamism, with its distinction between hard facts and soft facts; indeed, those arguments do not require any complex machinery at all. Instead, those arguments are built on an uncontroversial understanding of the idea that truth depends on the world. In the final section of the article, those arguments are extended to show that foreknowledge of an action does not threaten that action's freedom. (shrink)

The phenomenology of agency has, until recently, been rather neglected, overlooked by both philosophers of action and philosophers of consciousness alike. Thankfully, all that has changed, and of late there has been an explosion of interest in what it is like to be an agent. 1 This burgeoning field crosses the traditional boundaries between disciplines: philosophers of psychopathology are speculating about the role that unusual experiences of agency might play in accounting for disorders of thought and action; cognitive scientists are (...) developing models of how the phenomenology of agency is generated; and philosophers of mind are drawing connections between the phenomenology of agency and the nature of introspection, phenomenal character, and agency itself. My aim in this paper is not to provide an exhaustive survey of this recent literature, but to provide a.. (shrink)

It is a commonplace of philosophy that the notion of free will is a hard nut to crack. A simple, compelling argument can be made to show that behavior for which an agent is morally responsible cannot be the outcome of prior determining causal factors.1 Yet the smug satisfaction with which we incompatibilists are prone to trot out this argument has a tendency to turn to embarrassment when we're asked to explain just how it is that morally responsible action might (...) obtain under the assumption of indeterminism. Despair over the prospect of giving a satisfactory answer to this question has led some contemporary philosophers to a position rarely, if ever, held in the history of philosophy: free, responsible action is an incoherent concept.2. (shrink)

An empirical study of people's intuitions about freedom of the will. We show that people tend to have compatiblist intuitions when they think about the problem in a more concrete, emotional way but that they tend to have incompatiblist intuitions when they think about the problem in a more abstract, cognitive way.

According to agent-causal accounts of free will, agents have the capacity to cause actions, and for a given action, an agent could have done otherwise. This paper uses existing results and presents experimental evidence to argue that young children deploy a notion of agent-causation. If young children do have such a notion, however, it remains quite unclear how they acquire it. Several possible acquisition stories are canvassed, including the possibility that the notion of agent-causation develops from a prior notion of (...) obligation. Finally, the paper sets out how this work might illuminate the philosophical problem of free will. (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)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

I guess I wont send that note now, for the mind is such a new place, last night feels obsolete.

P.F. Strawson’s compatibilism has had considerable influence. However, as Watson has argued in “Responsibility and the Limits of Evil”, his view appears to have a disturbing consequence: extreme evil exempts an agent from moral responsibility. This is a reductio of the view. Moreover, in some cases our emotional reaction to an evildoer’s history clashes with our emotional expressions of blame. Anyone’s actions can be explained by his or her history, however, and thereby can conflict with our present blame. Additionally, we (...) too might have been evil if our history had been like the unlucky evildoer’s. Thus, our emotional responses to the evildoer compromise our standing to blame them. Since Strawson’s view demarcates moral responsibility by moral emotional responses, his view appears to be self-defeating. In this paper, I defend the Strawsonian view from the reductio and self-defeat problems. I argue that two emotions, disgust and elevation, can be moral reactive attitudes in Strawson’s sense. First, moral disgust expresses neither blame nor exemption from responsibility. Instead, moral disgust presupposes blameworthiness but is instead a distinct response to the extreme wrongdoer. Secondly, moral disgust involves self-directed attitudes that explain away our apparent lack of standing to blame the evil agent. The structure of disgust as a reactive attitude is mirrored along the positive dimension by the emotion that Haidt has called “elevation”, a feeling of moral inspiration. I conclude by defending my view from objections about the moral appropriateness of disgust. (shrink)

This paper argues for a view of free will that I will call the conceptual impossibility of the truth of free will error theory - the conceptual impossibility thesis. I will argue that given the concept of free will we in fact deploy, it is impossible for our free will judgements - judgements regarding whether some action is free or not - to be systematically false. Since we do judge many of our actions to be free, it follows from the (...) conceptual impossibility thesis that many of our actions are in fact free. Hence it follows that free will error theory - the view that no judgement of the form ‘action A was performed freely’ - is false. I will show taking seriously the conceptual impossibility thesis helps makes good sense of some seemingly inconsistent results in recent experimental philosophy work on determinism and our concept of free will. Further, I will present some reasons why we should expect to find similar results for every other factor we might have thought was important for free will. (shrink)

In this thesis, I will defend a new kind of compatibilist account of free action, indirect conscious control compatibilism (or indirect compatibilism for short), and argue that some of our actions are free according to it. My argument has three components, and involves the development of a brand new tool for experimental philosophy, and the use of cognitive neuroscience. The first component of the argument shows that compatibilism (of some kind) is a conceptual truth. Contrary to the current orthodoxy in (...) the free will literature, which is that our concept of free will is an incompatibilist concept - a concept according to which we have free will only if determinism is false - I will show that our concept of free will is in fact a compatibilist concept - a concept according to which we can have free will even if determinism is true - and I do so using a new experimental philosophy methodology inspired by two-dimensional semantics. -/- Of course, even if our concept of free will is a compatibilist concept, this does not mean that there are any free actions in the world: the current empirical evidence from the brain sciences appears to show that there might be no, or very few, free actions in the world, even on many compatibilist understandings of what it would take for there to be free will. The second component of the argument addresses this concern by extending our understanding of compatibilism. Agents act freely either when their actions are caused by compatibilistically acceptable psychological processes, or are indirectly caused by those same processes. Hence the name of my account: indirect compatibilism. -/- The final component of the argument defends my new account against some interesting objections and provides evidence from cognitive neuroscience that some of our actions count as free by the lights of indirect compatibilism. (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)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

I argue for a soft compatibilist theory of free will, i.e., such that free will is compatible with both determinism and indeterminism, directly opposite hard incompatibilism, which holds free will incompatible both with determinism and indeterminism. My intuitions in this book are primarily based on an analysis of meditation, but my arguments are highly syncretic, deriving from many fields, including behaviorism, psychology, conditioning and deconditioning theory, philosophy of language, philosophy of mind, simulation theory, etc. I offer a causal/functional analysis of (...) meta-mental control, or 'metacausality', cashed out in counterfactual terms, to solve what I call the easy problem of free will. (shrink)

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

I argue that if the claims Buddhist philosophy makes about meditation virtuosos are plausible, then Buddhism may rebut most of the strongest arguments for free will skepticism found in Western analytic philosophy, including the hard incompatiblist's argument (which combines the arguments for hard determinism, such as the consequence argument, with those for hard indeterminism, such as the randomness argument), Pereboom's manipulation argument, and Galen Strawson's impossibility argument. The main idea is that the meditation virtuoso can cultivate a level of mind (...) control that is impervious to the causal origins of her mental states, on the basis of which ability an account of free will may be erected, consistent with the claim that Buddhist enlightenment consists in some sort of radical conception of the ultimately impersonal nature of the agent. (shrink)

A collection of essays, mostly original, on the actual and possible positions on free will available to Buddhist philosophers, by Christopher Gowans, Rick Repetti, Jay Garfield, Owen Flanagan, Charles Goodman, Galen Strawson, Susan Blackmore, Martin T. Adam, Christian Coseru, Marie Friquegnon, Mark Siderits, Ben Abelson, B. Alan Wallace, Peter Harvey, Emily McRae, and Karin Meyers, and a Foreword by Daniel Cozort.

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

Many philosophers and non-philosophers who reflect on the causal antecedents of human action get the impression that no agent can have morally relevant freedom. Call this the ‘non-existence impression.’ The paper aims to understand the (often implicit) reasoning underlying this impression. On the most popular reconstructions, the reasoning relies on the assumption that either an action is the outcome of a chance process, or it is determined by factors that are beyond the agent’s control or which she did not bring (...) about. I argue that arguments based on this premise fail to apply to some possible agents for whom the non-existence impression arises. On the alternative reconstruction I offer, the impression rests on the assumption that free will requires being involved in the ultimate explanation of one’s actions in a novel sense in which nothing can be involved in the ultimate explanation of anything. (shrink)

As a neurodevelopmental condition that affects cognitive functioning, autism has been used as a test case for theories of moral responsibility. Most of the relevant literature focuses on autism’s impact on theory of mind and empathy. Here I examine aspects of autism related to executive function. I apply an account of how we might fail to be reasons responsive to argue that autism can increase the frequency of excuses for transgressive behavior, but will rarely make anyone completely exempt from moral (...) responsibility in general. On this account, although excuses may apply more often to autists than to others, the excuses that apply to autists are just the same excuses that can apply to anyone. (shrink)

Some psychologists and philosophers have argued that neuroscience is importantly relevant to our moral responsibility practices, especially to our practices of praise and blame. For consider: on an unprecedented scale, contemporary neuroscience presents us with a mechanistic account of human action. Furthermore, in uential studies – most notoriously, Libet et al. (1983) – seem to show that the brain decides to do things (so to speak) before we consciously make a decision. In light of these ndings, then – or so (...) some have argued – we ought to revise our practices of praise and blame. In the current paper, I argue that this conclusion is unwarranted. The reason is that the argument for it depends on controversial non-empirical premises, premises we need not accept. I suggest, however, that neuroscience does bear on our moral responsibility practices in one important, if less revisionary, way. In particular, neuroscience o ers a new kind of evidence for determining when agents should be held exempt from our normal moral responsibility practices. (shrink)

Against its prominent compatiblist and libertarian opponents, I defend Galen Strawson’s Basic Argument for the impossibility of moral responsibility. Against John Martin Fischer, I argue that the Basic Argument does not rely on the premise that an agent can be responsible for an action only if he is responsible for every factor contributing to that action. Against Alfred Mele and Randolph Clarke, I argue that it is absurd to believe that an agent can be responsible for an action when no (...) factor contributing to that action is up to that agent. Against Derk Pereboom and Clarke, I argue that the versions of agent-causal libertarianism they claim can immunize the agent to the Basic Argument actually fail to do so. Against Robert Kane, I argue that the Basic Argument does not rely on the premise that simply the presence of indeterministic factors in the process of bringing an action about is itself what rules out the agent’s chance for being responsible for that action. (shrink)

Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...) 2015), and myself (Caruso 2012, 2013, forthcoming). Critics, however, often complain that adopting such views would have dire consequences for ourselves, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in free will and basic desert moral responsibility would leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and undermine meaning in life. -/- In response, free will skeptics argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe (see, e.g., Pereboom 2001, 2014; Waller 2011, 2015; Caruso 2016, forthcoming). According to optimistic skeptics, prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. And although retributivism and severe punishment, such as the death penalty, would be ruled out, incapacitation and rehabilitation programs would still be justified (see Pereboom 2001, 2013, 2014; Levy 2012; Caruso 2016; Pereboom and Caruso, forthcoming). In this paper, I attempt to extend this general optimism about the practical implications of free will skepticism to the question of creativity. -/- In Section I, I spell out the question of creativity and explain why it’s relevant to the problem of free will. In Section II, I identify three different conceptions of creativity and explain the practical concerns critics have with free will skepticism. In Section III, I distinguish between three different conceptions of moral responsibility and argue that at least two of them are consistent with free will skepticism. I further contend that forward-looking accounts of moral responsibility, which are perfectly consistent with free will skepticism, can justify calling agents to account for immoral behavior as well as providing encouragement for creative activities since these are important for moral and creative formation and development. I conclude in Section IV by arguing that relinquishing belief in free will and basic desert would not mean the death of creativity or our sense of achievement since important and realistic conceptions of both remain in place. (shrink)

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

I offer analyses of free will in terms of a complex set of psychological capacities agents possess to varying degrees and have varying degrees of opportunities to exercise effectively, focusing on the under-appreciated but essential capacities for imagination. For an agent to have free will is for her to possess the psychological capacities to make decisions—to imagine alternatives for action, to select among them, and to control her actions accordingly—such that she is the author of her actions and can deserve (...) credit or blame for them. For an agent to act of her own free will is for her to have had (reasonable) opportunity to exercise these capacities in making her decision and acting. There is a long philosophical tradition of treating free will as the set of capacities that, when properly functioning, allow us to make decisions that contribute to our leading a good or flourishing life. On this view, free will is a psychological accomplishment. Free will allows us to be the causal source of our actions in a way that is compatible with determinism and naturalism. (shrink)

Philosophical debates about free will have focused on determinism—a potential ‘threat from behind’ because determinism entails that there are conditions in the distant past that, in accord with the laws of nature, are sufficient for all of our decisions. Neuroscience is consistent with indeterminism, so it is better understood as posing a ‘threat from below’: If our decision-making processes are carried out by neural processes, then it might seem that our decisions are not based on our prior conscious deliberations or (...) reasoning. The response to this threat will require a neurophilosophical theory of mind that makes sense of the causal role of our conscious reasons and reasoning. Without such a theory, our conscious self seems bypassed by the neural processes in our brains, and this view seems to explain why many scientists assume that neuroscience challenges free will. However, I argue that most people are amenable to the possibility of a future theory of mind that is physicalist (if not reductionist), yet preserves much of our ordinary experience and understanding of conscious decision-making and self-control. I outline such a theory using the resources of causal interventionism. I argue that this view is best understood as a minimal revision to our understanding of free will, rather than an elimination of it. And I argue that this view has more reasonable and effective implications for our moral and legal practices than an eliminativist or skeptical theory of free will. (shrink)

This paper defends a minimal desert thesis, according to which someone who is blameworthy for something deserves to feel guilty, to the right extent, at the right time, because of her culpability. The sentiment or emotion of guilt includes a thought that one is blameworthy for something as well as an unpleasant affect. Feeling guilty is not a matter of inflicting suffering on oneself, and it need not involve any thought that one deserves to suffer. The desert of a feeling (...) of guilt is a kind of moral propriety of that response, and it is a matter of justice. If the minimal desert thesis is correct, then it is in some respect good that one who is blameworthy feel guilty—there is some justice in that state of affairs. But if retributivism concerns the justification of punishment, the minimal desert thesis is not retributivist. Its plausibility nevertheless raises doubt about whether, as some have argued, there are senses of moral responsibility that are not desert-entailing. (shrink)

In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...) acknowledge that the arguments in its favor are far from conclusive; and some of the least confident concerning the arguments for moral responsibility—such as Van Inwagen—are most confident of the truth of moral responsibility. Thus, argues Waller, whatever the verdict on the strength of philosophical arguments for moral responsibility, it is clear that belief in moral responsibility—whether among philosophers or the folk—is based on something other than philosophical reasons. -/- He goes on to argue that there are several sources for the strong belief in moral responsibility, but the following four are particularly influential: First, moral responsibility is based in a powerful “strike back” emotion that we share with other animals. Second, there is a deep-rooted “belief in a just world”—a belief that, according to Waller, most philosophers reject when they consciously consider it, but which has a deep nonconscious influence on what we regard as just treatment and which provides subtle (but mistaken) support for belief in moral responsibility. Third, there is a pervasive moral responsibility system—extending over criminal justice as well as “common sense”—that makes the truth of moral responsibility seem obvious, and makes challenges to moral responsibility seem incoherent. Finally, there is the enormous confidence we have in the power of reason, which mistakenly leads us to believe that our conscious, rational, and critically reflective selves are constantly guiding our behavior in accordance with our deep values. -/- In these comments, I would like to discuss the many points of agreement I have with Waller, providing along the way additional fuel for his skeptical fire (i.e., his moral responsibility skepticism and his skeptical analysis of the source of our strong belief in moral responsibility). I will also discuss, however, my one main point of disagreement—i.e., his desire to preserve the conception of free will. Waller believes free will can “flourish” in the absence of moral responsibility (see Ch.8), while I maintain they that the variety of free will that is of central philosophical and practical importance is the sort required for moral responsibility in a particular but pervasive sense. This sense of moral responsibility is set apart by the notion of basic desert and is purely backward-looking and non-consequentialist (see Pereboom 2001, 2014; Caruso and Morris, forthcoming). Understood this way, the sort of free will at issue in the historical debate is a kind of power or ability an agent must possess in order to justify certain kinds of desert-based judgments, attitudes, or treatments in response to decisions or actions that the agent performed or failed to perform. (shrink)

From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental Act. (...) The medical conditions for being sentenced to forensic psychiatric care are supposed to be the same as those for being admitted to involuntary psychiatric care. What these conditions are is not regulated in any law. For the guidance of the courts and others, there is a collection of examples in the government bill drafting the legislation in question. On the basis of these examples the content of the concept of severe mental disorder is chiselled out. However, the purposes of imposing penal law sanction and admitting someone to psychiatric care are not the same, and therefore the content of the concept severe mental disorder is bound to differ accordingly. Severe mental disorder is a legal concept that masks as a psychiatric one. In its applications in penal law, the court determines its content. But for the forensic psychiatrist it is more natural to interpret the term as a medical one. This creates a tension that has led to several controversies in recent criminal cases in Sweden. The best way to alleviate the situation is to discard the concept of severe mental disorder from criminal law. This will allow for a better separation of the roles of the psychiatrist and the court. (shrink)

Perhaps no one has written more extensively, more deeply, and more insightfully about determinism and freedom than Ted Honderich. His influence and legacy with regard to the problem of free will—or the determinism problem, as he prefers to frame it—looms large. In these comments I would like to focus on three main aspects of Honderich ’s work: his defense of determinism and its consequences for origination and moral responsibility; his concern that the truth of determinism threatens and restricts, but does (...) not eliminate, our life-hopes; and his attack on the traditional justifications for punishment. In many ways, I see my own defense of free will skepticism as the natural successor to Honderich ’s work. There are, however, some small differences between us. My goal in this paper is to clarify our areas of agreement and disagreement and to acknowledge my enormous debt to Ted. If I can also move him toward my own more optimistic brand of free will skepticism that would be great too. (shrink)

Recent Libet-style experiments are of limited relevance to the debate about free action and free will, and should be understood as investigations of arbitrary actions or guesses. In Libet-style experiments, the concept of 'free action' is commonly taken to refer to a 'self-initiated voluntary act', where the self prompts an action without being prompted. However, this idea is based on the problematic assumption that the conscious self needs to be free from every constraint in order to be actually free. We (...) maintain that a fundamental condition for free action is the presence of reasons to act responsibly. By analyzing a recent neuroscientific experiment, we indicate how its results could be interpreted as indicating how free action operationalization is inappropriately focusing on arbitrary actions. Hence, the way free action has been experimentally studied may have had a misleading influence on the debate about free will. (shrink)

How might advanced neuroscience—in which perfect neuro-predictions are possible—interact with ordinary judgments of free will? We propose that peoples' intuitive ideas about indeterminist free will are both imported into and intrude into their representation of neuroscientific scenarios and present six experiments demonstrating intrusion and importing effects in the context of scenarios depicting perfect neuro-prediction. In light of our findings, we suggest that the intuitive commitment to indeterminist free will may be resilient in the face of scientific evidence against such free (...) will. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

Some philosophers argue that Hume, given his theory of causation, is committed to an implausibly thin account of what it is like to act voluntarily. Others suggest, on the basis of his argument against free will, that Hume takes no more than an illusory feature of action to distinguish the experience of performing an act from the experience of merely observing an act. In this paper, I argue that Hume is committed to neither an unduly parsimonious nor a sceptical account (...) of the phenomenology of agency. (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)

In this article I look at some the issues, problems and self-imposed dilemmas that emerge from Harry Frankfurt’s well-known essay ‘Freedom of the Will and the Concept of a Person’. That essay has exerted a widespread influence on subsequent thinking in ethics and philosophy of mind, especially through its central idea of ‘second-order’ desires and volitions. Frankfurt’s approach promises a third-way solution to certain longstanding issues – chiefly those of free-will versus determinism and the mind/body problem – that have up (...) to now resisted the best efforts of philosophical deliverance or therapy. It looks very much like the kind of answer that would avoid the ‘high priori road’ of any Kantian or suchlike metaphysical approach by adopting a broadly naturalized conception of human moral agency while not going so far down the path toward wholesale ethical naturalism as to lose the benefits that come with the Kantian conception. However I suggest that this appearance is deceptive and that Frankfurt’s way of addressing these issues – especially his leading idea of second-order desires and volitions – lies open to a long-familiar range of objections from both a naturalist and a strong autonomist quarter. More specifically, I show that his notion of moral will as possessing a multiplex structure whereby higher-order volitions can reject or countermand the promptings of unregenerate first-order desire is one that must inherently give rise to various problems of a logical, metaphysical, and – most importantly in this context – ethical character. I conclude that a thoroughgoing naturalism is the only response that can meet the kinds of challenge increasingly mounted from various scientific quarters, notably those of neurophysiology and cognitive psychology.U ovome članku razmatram neka pitanja, probleme i, kako mi se čini, samonametnute dileme koje proizlaze iz dobro poznatog ogleda Harryja Frankfurta “Freedom of the Will and the Concept of a Person”. Taj je ogled izvršio široki utjecaj na kasnije mišljenje u etici i filozofiji uma, naročito svojom središnjom idejom želja i htijenja “drugog reda”. Frankfurtov pristup obećava rješenje u obliku trećeg puta određenih starih problema – uglavnom problema odnosa slobodne volje i determinizma te odnosa uma i tijela – koji su se dosad opirali najboljim naporima filozofskog rješavanja ili terapije. On veoma nalikuje onoj vrsti odgovora koji apriorni put bilo kakva kantovskog ili sličnog metafizičkog pristupa želi izbjeći usvajanjem u širokom smislu naturalizirane koncepcije ljudskog moralnog djelovanja, ali tako da ne ode toliko daleko u smjeru etičkog naturalizma da izgubi prednosti koje su povezane s kantovskim pristupom. Tvrdim, međutim, da takav izgled vara i da je Frankfurtov način pristupanja tim pitanjima – a naročito njegova glavna ideja želja i htijenja drugog reda – podložna odavno poznatim prigovorima koji dolaze kako od strane naturalistâ tako i od strane strogih autonomista . Konkretnije, pokazujem da njegov pojam moralne volje kao nečega što posjeduje kompleksnu strukturu, čime htijenja višeg reda mogu odbaciti ili poništiti poticaje pokvarene želje prvog reda, jest takav da inherentno mora izazvati različite logičke, metafizičke i – što je u ovome kontekstu najvažnije – etičke probleme. Zaključujem da je posvemašnji naturalizam jedini odgovor koji može izaći na kraj s izazovima koji se sve više upućuju iz različitih znanstvenih krugova, naročito iz područja neurofiziologije i kognitivne psihologije. (shrink)

ABSTRACT The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ?disease? or ?moral weakness?. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the (...) criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ?translated? into the law's folk psychological criteria. Distractions about responsibility are then quickly canvassed. Then it addresses the direct relation between addiction and criminal responsibility. It argues that most addicts retain sufficient rational and control capacities at the relevant times to be held responsible, especially for crimes that are not part of the definition of addiction itself. It suggests that there is good reason to excuse or mitigate addicts for the crimes of purchase and possession for personal use. It concludes by briefly considering what contemporary science can contribute to our understanding of addiction and agency. (shrink)

This is a critical review essay on John Martin Fischer's Deep Control: Essays on Free Will and Value.

This essay will canvass recent philosophical discussion of accounts of human (free) agency that deploy a notion of agent causation . Historically, many accounts have only hinted at the nature of agent causation by way of contrast with the causality exhibited by impersonal physical systems. Likewise, the numerous criticisms of agent causal theories have tended to be highly general, often amounting to no more that the bare assertion that the idea of agent causation is obscure or mysterious. But in the (...) past decade, detailed accounts of agent causation have been offered (chiefly by Randolph Clarke and Timothy O’Connor), and they have occasioned more specific objections in turn. These recent accounts and objections to them will be my primary focus in what follows. But first I will identify two distinct motivations that have been advanced for adopting an agent causal approach to human agency and the ontological and metaphysical commitments common to any version of this approach. (shrink)

The paper attempts to explicate and justify the position I call `Agency Incompatibilism'- that is to say, the view that agency itself is incompatible with determinism. The most important part of this task is the characterisation of the conception of agency on which the position depends; for unless this is understood, the rationale for the position is likely to be missed. The paper accordingly proceeds by setting out the orthodox philosophical position concerning what it takes for agency to exist, before (...) going on to explain why and how that orthodoxy should be challenged. The relations between my own views and those of others writing on the issues of free will and moral responsibility, in three crucial and inter-connected areas are then explored. These are (1) the question how animals should figure in the philosophy of action; (2) the question what the lesson is of `Frankfurt-style' examples; and (3) the distinction between so-called `leeway' incompatibilism and `source' incompatibilism. The paper moves on to consider and respond to various objections to Agency Incompatibilism, including the claim that to embrace the conception of agency that makes incompatibilism plausible is to beg the question against the compatibilist, and also the worry that determinism is an empirical thesis which ought not to be straightforwardly falsifiable by such a priori reasoning as Agency Incompatibilism appears to involve. I also try to rebut the worry that Agency Incompatibilism is committed to the existence of an unintelligible and/or naturalistically impossible variety of irreducible agent causation. (shrink)

The philosophical interest of verbal disputes is twofold. First, they play a key role in philosophical method. Many philosophical disagreements are at least partly verbal, and almost every philosophical dispute has been diagnosed as verbal at some point. Here we can see the diagnosis of verbal disputes as a tool for philosophical progress. Second, they are interesting as a subject matter for first-order philosophy. Reflection on the existence and nature of verbal disputes can reveal something about the nature of concepts, (...) language, and meaning. In this article I first characterize verbal disputes, spell out a method for isolating and resolving them, and draw out conclusions for philosophical methodology. I then use the framework to draw out consequences in first-order philosophy. In particular, I argue that the analysis of verbal disputes can be used to support the existence of a distinctive sort of primitive concept and that it can be used to reconstruct a version of an analytic/synthetic distinction, where both are characterized in dialectical terms alone. (shrink)

Many think that love would be a casualty of free will skepticism. I disagree. I argue that love would be largely unaffected if we came to deny free will, not simply because we cannot shake the attitude, but because love is not chosen, nor do we want it to be. Here, I am not alone; others have reached similar conclusions. But a few important distinctions have been overlooked. Even if hard incompatibilism is true, not all love is equal. Although we (...) have only minimal control over love, it can be more or less authentic. I develop my position by considering the fictional trope of love potions and the implications of a futuristic psychotropic, Lovezac—Viagra for the heart. But I am not as optimistic as some. Even though free will skepticism would not jeopardize love-the-feeling, there are reasons to think that loving relationships might not be immune. (shrink)

Even where an act appears to be responsible, and satisfies all the conditions for responsibility laid down by society, the response to it may be unjust where that appearance is false, and where those conditions are insufficient. This paper argues that those who want to place considerations of responsibility at the centre of distributive and criminal justice ought to take this concern seriously. The common strategy of relying on what Susan Hurley describes as a 'black box of responsibility' has the (...) advantage of not taking responsibility considerations to be irrelevant merely because some specific account of responsibility is mistaken. It can, furthermore, cope perfectly well with an absence of responsibility, even of the global sort implied by hard determinism and other strongly sceptical accounts. Problems for the black box view come in where responsibility is present, but in a form that is curtailed in one significant regard or another. The trick, then, is to open the box of responsibility just enough that its contents can be the basis for judgements of justice. I identify three 'moderately sceptical' forms of compatibilism that cannot ground judgements of justice, and are therefore expunged by the strongest 'grey box' view. (shrink)