In Philosophy Without Intuitions Herman Cappelen argues that unlike what is commonly thought, contemporary analytic philosophers do not typically rely on intuitions as evidence. If they do indeed rely on intuitions, that should be evident from their written works, either explicitly in the form of ‘intuition’ talk or by means of other indicators. However, Cappelen argues, while philosophers do engage in ‘intuition’ talk, that is not a good indicator that they rely on intuitions, as ‘intuition’ and its cognates have many (...) meanings that are irrelevant to this particular question. He identifies three other indicators and argues by appeal to case studies that these indicators are not present. I argue here that an account of intuitions as intellectual seemings draws attention to intuition features that Cappelen does not consider. These intuition features appear to be regularly present in the works of contemporary analytic philosophers. (shrink)

This entry addresses the nature and epistemological role of intuition by considering the following questions: (1) What are intuitions?, (2) What roles do they serve in philosophical (and other “armchair”) inquiry?, (3) Ought they serve such roles?, (4) What are the implications of the empirical investigation of intuitions for their proper roles?, and (5) What is the content of intuitions prompted by the consideration of hypothetical cases?

This paper develops a retributivist argument for leniency in punishment. It argues that even retributivists who defend desert-based punishment have a reason, internal to their view, to prefer more lenient over more severe punishments when there are doubts concerning how much punishment an offender deserves. This is because retributivists should take an asymmetrical view to underpunishment and overpunishment, and because the likelihood of overpunishment goes up with the severity of punishment. The radicalness of the ensuing leniency depends on the strength (...) of the asymmetry in value between underpunishment and overpunishment. (shrink)

Skeptical worries about moral responsibility seem to be widely appreciated and deeply felt. To address these worries—if nothing else to show that they are mistaken—theories of moral responsibility need to relate to whatever concept of responsibility underlies the worries. Unfortunately, the nature of that concept has proved hard to pin down. Not only do philosophers have conflicting intuitions; numerous recent empirical studies have suggested that both prosaic responsibility judgments and incompatibilist intuitions among the folk are influenced by a number of (...) surprising factors, sometimes prompting apparently contradictory judgments. In this paper, we show how an independently motivated hypothesis about responsibility judgments provides a unified explanation of the more important results from these studies. According to this ‘Explanation Hypothesis’, to take an agent to be morally responsible for an event is to take a relevant motivational structure of the agent to be part of a significant explanation of the event. We argue that because of how explanatory interests and perspectives affect what we take as significant explanations, this analysis accounts for the puzzling variety of empirical results. If this is correct, the Explanation Hypothesis also provides a new way of understanding debates about moral responsibility. (shrink)

Discusses the incompatibility of the concepts of free will and determinism and argues that moral responsibility needs the doctrine of free will.

Disagreement is common: even informed, intelligent, and generally reasonable people often come to different conclusions when confronted with what seems to be the same evidence. Can the competing conclusions be reasonable? If not, what can we reasonably think about the situation? This volume examines the epistemology of disagreement. Philosophical questions about disagreement arise in various areas, notably politics, ethics, aesthetics, and the philosophy of religion: but this will be the first book focusing on the general epistemic issues arising from informed (...) disagreement. Ten leading philosophers offer specially written essays which together will offer a starting-point for future work on this topic. (shrink)

In his seminal essay “Freedom and Resentment,” Strawson drew attention to the role of such emotions as resentment, moral indignation, and guilt in our moral and personal lives. According to Strawson, these reactive attitudes are at once constitutive of moral blame and inseparable from ordinary interpersonal relationships. On this basis, he concluded that relinquishing moral blame isn’t a real possibility for us, given our commitment to personal relationships. If well founded, this conclusion puts the traditional free-will debate in a new (...) light. In particular, in so far as incompatibilists believe that we can or should forgo moral blame if determinism is true, their stance may seem out of touch with our emotional reality. Here I examine Strawson’s claim that the reactive attitudes are inseparable from ordinary interpersonal relationships. Strawson says surprisingly little to support this intriguing claim, and thus far no argument for it has emerged in the literature. My aim is to remedy this. Specifically, I set out an argument for a suitably formulated version of the inseparability claim, an argument that appeals to the relationship between the reactive attitudes and other elements of our emotional lives. I then show how this argument helps to answer an important recent challenge to Strawson’s position. If I am right, there is good reason to doubt that the reforms envisaged by some incompatibilists, reforms to our blame-related practices, are a real possibility for us. (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)

Originally published: Oxford: Clarendon, 1997.

How should one react when one has a belief, but knows that other people—who have roughly the same evidence as one has, and seem roughly as likely to react to it correctly—disagree? This paper argues that the disagreement of other competent inquirers often requires one to be much less confident in one’s opinions than one would otherwise be.

"This is an important book, and no one interested in issues which touch on the free will will want to ignore it."--Ethics. In this stimulating and thought-provoking book, the author defends the thesis that free will is incompatible with determinism. He disputes the view that determinism is necessary for moral responsbility. Finding no good reason for accepting determinism, but believing moral responsiblity to be indubitable, he concludes that determinism should be rejected.

On the whole, we continue to believe firmly both that we have free will and that we are morally responsible for what we do. Here, the author argues that there is a fundamental sense in which there is no such thing as free will or true moral responsibility (as ordinarily understood). Devoting the main body of his book to an attempt to explain why we continue to believe as we do, Strawson examines various aspects of the "cognitive phenomenology" of freedom--the (...) nature, causes, and consequences of our deep commitment to belief in freedom. (shrink)

The doyen of living English philosophers, by these reflections, took hold of and changed the outlook of a good many other philosophers, if not quite enough. He did so, essentially, by assuming that talk of freedom and responsibility is talk not of facts or truths, in a certain sense, but of our attitudes. His more explicit concern was to look again at the question of whether determinism and freedom are consistent with one another -- by shifting attention to certain personal (...) rather than moral attitudes, first of all gratitude and resentment. In the end, he arrived at a kind of Compatibilist or, as he says, Optimist conclusion. That is no doubt a recommendation but not the largest recommendation of this splendidly rich piece of philosophy. (shrink)

How should one react when one has a belief, but knows that other people—who have roughly the same evidence as one has, and seem roughly as likely to react to it correctly—disagree? This paper argues that the disagreement of other competent inquirers often requires one to be much less confident in one’s opinions than one would otherwise be.

We typically have to act under uncertainty. We can be uncertain about the relevant descriptive facts, but also about the relevant normative facts. However, the search for a theory of decision-making under normative uncertainty is doomed to failure. First, the most natural proposal for what to do given normative uncertainty faces two devastating problems. Second, the motivations for wanting a theory of what to do given descriptive uncertainty do not carry over to normative uncertainty. Descriptive facts may be inaccessible even (...) in principle, and ignorance of them excuses one from blame, but normative facts are in principle accessible, and ignorance of them arguably is no excuse. Normative facts differ from descriptive facts: normative facts affect what we ought to do no matter what, while descriptive facts affect what we ought to do only insofar as we are aware of them. (shrink)

For over a decade now epistemologists have been thinking about the peer disagreement problem of whether a person is reasonable in not lowering her confidence in her belief P when she comes to accept that she has an epistemic peer on P who disbelieves P. However, epistemologists have overlooked a key realistic way how epistemic peers can, or even have to, differ epistemically—a way that reveals the inadequacy of both conformist and non-conformist views on peer disagreement by uncovering how the (...) causes of peer disagreement bear on the debate’s core philosophical issue. Part of our argument for this thesis will involve giving a thorough yet entirely informal presentation of mathematical theorems in economics by Robert Aumann :1236–1239,1976) and Polemarchakis and Geneakoplos which represent a formally precise description of how two rational agents must deal with disagreement under certain epistemically interesting circumstances. (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)

An apparently increasing number of philosophers take free will skepticism to pose a serious challenge to some of our practices. This must seem odd to many—why should anyone think that free will skepticism is relevant for our practices, when nobody seems to think that other canonical forms of philosophical skepticism are relevant for our practices? Part of the explanation may be epistemic, but here I focus on a metaethical explanation. Free will skepticism is special because it is compatible with ‘basic (...) moral reasons’—moral reasons acknowledged by all mainstream ethicists—and other minds and induction skepticism are not. One example is our reason not to intentionally harm others. Practical seriousness about other minds and induction skepticism undermines this reason, but practical seriousness about free will skepticism only undermines a potential overrider of this reason, that is, the reason of retribution. (shrink)

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)

Sometimes it’s not certain which of several mutually exclusive moral views is correct. Like almost everyone, I think that there’s some sense in which what one should do depends on which of these theories is correct, plus the way the world is non-morally. But I also think there’s an important sense in which what one should do depends upon the probabilities of each of these views being correct. Call this second claim “moral uncertaintism”. In this paper, I want to address (...) an argument against moral uncertaintism offered in the pages of this journal by Brian Weatherson, and seconded elsewhere by Brian Hedden, the crucial premises of which are: that acting on moral uncertaintist norms necessarily involves motivation by reasons or rightness as such, and that such motivation is bad. I will argue that and are false, and that at any rate, the quality of an agent’s motivation is not pertinent to the truth or falsity of moral uncertaintism in the way that Weatherson’s and Hedden’s arguments require. (shrink)

This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...) does. In such situations the person may well be morally responsible for what he chooses or does despite his inability to choose or to do otherwise. Finally the author considers certain suggestions for revising the principle he rejects or for replacing it with a principle of an altogether different kind. (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial (...) penalties should be graded and used; and how political pressures impinge on sentencing policies. (shrink)

Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...) intuitions and the retributive value of punishment. This argument may generalize to other deontological intuitions and theories. (shrink)

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on (...) to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. (shrink)

Christopher Bennett presents a theory of punishment grounded in the practice of apology, and in particular in reactions such as feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it is part of taking an offender seriously as a member of a normatively demanding relationship that she is subject to retributive attitudes when she violates the demands of that relationship. However, while he claims that punishment and the retributive attitudes are the necessary (...) expression of moral condemnation, his account of these reactions has more in common with restorative justice than traditional retributivism. He argues that the most appropriate way to react to crime is to require the offender to make proportionate amends. His book is a rich and intriguing contribution to the debate over punishment and restorative justice. (shrink)

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)

The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to luck (...) than is compatibilism. But compatibilist accounts of luck are themselves vulnerable to a powerful luck objection: historical compatibilisms cannot satisfactorily explain how agents can take responsibility for their constitutive luck; non-historical compatibilisms run into insurmountable difficulties with the epistemic condition on control over action. Levy argues that because epistemic conditions on control are so demanding that they are rarely satisfied, agents are not blameworthy for performing actions that they take to be best in a given situation. It follows that if there are any actions for which agents are responsible, they are akratic actions; but even these are unacceptably subject to luck. Levy goes on to discuss recent non-historical compatibilisms, and argues that they do not offer a viable alternative to control-based compatibilisms. He suggests that luck undermines our freedom and moral responsibility no matter whether determinism is true or not. (shrink)

The standard view of philosophical methodology is that philosophers rely on intuitions as evidence. Herman Cappelen argues that this claim is false: it is not true that philosophers rely extensively on intuitions as evidence. At worst, analytic philosophers are guilty of engaging in somewhat irresponsible use of 'intuition'-vocabulary. While this irresponsibility has had little effect on first order philosophy, it has fundamentally misled meta-philosophers: it has encouraged meta-philosophical pseudo-problems and misleading pictures of what philosophy is.

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)

The fact of moral disagreement when conjoined with Conciliationism, an independently attractive view about the epistemic significance disagreement, seems to entail moral skepticism. This worries those who like Conciliationism, the independently attractive view, but dislike moral skepticism. Others, equally inclined against moral skepticism, think this is a reductio of Conciliationism. I argue that they are both wrong. There is no reductio and nothing to worry about.

This paper presents a new solution to the problem of peer disagreement that distinguishes two principles of rational belief, here called probability and autonomy. When we discover that we disagree with peers, there is one sense in which we rationally ought to suspend belief, and another in which we rationally ought to retain our original belief. In the first sense, we aim to believe what is most probably true according to our total evidence, including testimony from peers and authorities. In (...) the second, we aim to base our beliefs only on objective evidence and argumentation, even if that lowers the probability of their being true. The first principle of rational belief tends to serve the short-term epistemic interests of individuals, while the second tends to serve the long-term epistemic interests of both individuals and groups. The best way to reconcile these principles in cases of peer disagreement is to associate them with two corresponding species of belief, here called perception and opinion. (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.

One of the principles on how to act under moral uncertainty, My Favourite Theory, says roughly that a morally conscientious agent chooses an option that is permitted by the most credible moral theory. In defence of this principle, we argue that it prescribes consistent choices over time, without relying on intertheoretic comparisons of value, while its main rivals are either plagued by moral analogues of money pumps or in need of a method for making non-arbitrary intertheoretic comparisons. We rebut the (...) arguments that have been levelled against My Favourite Theory and offer some arguments against intertheoretic comparisons of value. (shrink)

The goal of this paper is to explain and defend the following argument: (1) If it can be reasonably doubted that someone had free will with respect to some action, then it is a requirement of justice to refrain from doing serious retributive harm to him in response to that action. (2) Anyone who believes the free will debate to be philosophically valuable must accept that it can be reasonably doubted that anyone ever has free will. (3) Therefore, anyone who (...) believes the free will debate to be philosophically valuable must accept that it is a requirement of justice to refrain from serious retributive harm. (shrink)

In this book the author examines the stubborn philosophical belief in moral responsibility, surveying the philosophical arguments for it, but focusing on the system that supports these arguments: powerful social and psychological factors that hold the belief in moral responsibility firmly in place.--Publisher's description.