As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

This paper is about an asymmetry in the justification of praising and blaming behaviour which free will theorists should acknowledge even if they do not follow Wolf and Nelkin in holding that praise and blame have different control conditions. That is, even if praise and blame have the same control condition, we must have stronger reasons for believing that it is satisfied to treat someone as blameworthy than we require to treat someone as praiseworthy. Blaming behaviour which involves serious harm (...) can only be justified if the claim that the target of blame acted freely cannot be reasonably doubted. But harmless praise can be justified so long as the claim that the candidate for praise did not act freely can be reasonably doubted. Anyone who thinks a debate about whether someone acted freely is truth-conducive has to acknowledge that reasonable doubt is possible in both these cases. (shrink)

Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...) age.” This defense Traps disavows with indignation and anger. He makes claim to the murder as his and demands the prescribed punishment—death. (shrink)

(3) A compatibilist needs to explain how free will can co-exist with determinism, paradigmatically by offering an analysis of ‘free’ action that is demonstrably compatible with determinism. (Here is the late Roderick Chisholm, in defense of irreducible or libertarian agent-causation: ‘Now if you can analyze such statements as “Jones killed his uncle” into event-causation statements, then you may have earned the right to make jokes about the agent as cause. But if you haven’t done this, and if all the same (...) you do believe such things as that I raised my arm and that Jolns [sic] killed his uncle, and if moreover you still think it’s a joke to talk about the agent as cause, then, I’m afraid, the joke is entirely on you.’). (shrink)

Here are some things that are widely believed about free will and determinism. Free will is prima facie incompatible with determinism. The incompatibility is logical or at least conceptual or a priori. A compatibilist needs to explain how free will can co-exist with determinism, paradigmatically by offering an analysis of ‘free’ action that is demonstrably compatible with determinism. Free will is not impugned by quantum indeterminism, at least not in the same decisive way that it is impugned by determinism. To (...) reconcile free will with quantum indeterminism takes work, but the work comes under the heading of metaphysical business-as-usual; to reconcile free will with determinism requires a conceptual breakthrough.And listen to Laura Waddell Ekstrom on the burden of proof. (shrink)

The following is a criticism designed to apply to most libertarian free will theorists. I argue that most libertarians hold three beliefs that jointly show them to be unsympathetic or hard-hearted to persons whom they hold morally responsible: that persons are morally responsible only because they make libertarian choices, that we should hold persons responsible, and that we lack epistemic justification for thinking persons make such choices. Softhearted persons who held these three beliefs would espouse hard determinism, which exonerates all (...) persons of moral responsibility, or, at least, would not espouse libertarianism. I do not address the view held by some libertarians that we do have epistemic justification for thinking that persons make libertarian choices, a minority position that I believe cannot be sustained. (shrink)

Scott Sehon is someone who takes the philosophy of criminal justice seriously, who believes that if we are going to condemn people to prison we should have pretty good grounds...

Justifying state punishment presents a difficulty for those who deny that human actions are free in the sense required by moral responsibility. The argument I make in this article, following work d...

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)

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)

Do we have free will and moral responsibility? Is free will compatible with determinism? Scott Sehon argues that we can make progress on these questions by focusing on an underlying issue: the nature of action explanation. When a person acts, or does something on purpose, we explain the behavior by citing the agent's reasons. The dominant view in philosophy of mind has been to construe such explanations as a species of causal explanation. Sehon proposes and defends a non-causal account of (...) action and agency, according to which reason explanation of human behavior is teleological rather than causal, before applying the teleological account of action to free will and responsibility. He argues that the non-causal compatibilist account works well in practice: it is in accord with our clear intuitions about cases, and it both explains and provides guidance in the cases where our intuitions are murkier. (shrink)

Derk Pereboom articulates and defends an original, forward-looking conception of moral responsibility. He argues that although we may not possess the kind of free will that is normally considered necessary for moral responsibility, this does not jeopardize our sense of ourselves as agents, or a robust sense of achievement and meaning in life.

In this challenging book, David Hodgson takes a fresh approach to the question of free will, contending that close consideration of human rationality and human consciousness shows that together they give us free will, in a robust and indeterministic sense, and in a way that is consistent with what science tells us about the world.

Most people assume that, even though some degenerative or criminal behavior may be caused by influences beyond our control, ordinary human actions are not similarly generated, but rather are freely chosen, and we can be praiseworthy or blameworthy for them. A less popular and more radical claim is that factors beyond our control produce all of the actions we perform. It is this hard determinist stance that Derk Pereboom articulates in Living Without Free Will. Pereboom argues that our best scientific (...) theories have the consequence that factors beyond our control produce all of the actions we perform, and that because of this, we are not morally responsible for any of them. He seeks to defend the view that morality, meaning and value remain intact even if we are not morally responsible, and furthermore, that adopting this perspective would provide significant benefit for our lives. (shrink)

In this comprehensive new study of human free agency, Laura Waddell Ekstrom critically surveys contemporary philosophical literature and provides a novel account of the conditions for free action. Ekstrom argues that incompatibilism concerning free will and causal determinism is true and thus the right account of the nature of free action must be indeterminist in nature. She examines a variety of libertarian approaches, ultimately defending an account relying on indeterministic causation among events and appealing to agent causation only in a (...) reducible sense. Written in an engaging style and incorporating recent scholarship, this study is critical reading for scholars and students interested in the topics of motivation, causation, responsibility, and freedom. In broadly covering the important positions of others along with its exposition of the author’s own view, Free Will provides both a significant scholarly contribution and a valuable text for courses in metaphysics and action theory. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...) face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)