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)

It is widely held that we can obtain beliefs and withhold believing propositions directly by performing an act of will. This thesis is sometimes identified with the view that believing is a basic act, an act which is under our direct control. Descartes holds that the will is limitless in relation to belief acquisition and that we must be directly responsible for our beliefs, especially our false beliefs, for otherwise we could draw the blasphemous conclusion that God is responsible for (...) them. For Descartes and his followers judgment and assent are acts of the will which may be made both when they ought and when they ought not to be made. They are expressions of freedom of the will and as such we are directly responsible for the beliefs we acquire. Other philosophers who seem to espouse volitionalism include Aquinas, Locke, Kierkegaard, Newman, James, Pieper, Chisholm and Meiland. (shrink)