How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...) and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

Ordinarily, we take moral responsibility to come in degrees. Despite this commonplace, theories of moral responsibility have focused on the minimum threshold conditions under which agents are morally responsible. But this cannot account for our practices of holding agents to be more or less responsible. In this paper we remedy this omission. More specifically, we extend an account of reasons-responsiveness due to John Martin Fischer and Mark Ravizza according to which an agent is morally responsible only if she is appropriately (...) receptive to and reactive to reasons for action. Building on this, we claim that the degree to which an agent is responsible will depend on the degree to which she is able to recognize and react to reasons. To analyze this, we appeal to relations of comparative similarity between possible worlds, arguing that the degree to which an agent is reasons-reactive depends on the nearest possible world in which given sufficient reason to do otherwise, she does so. Similarly, we argue that the degree to which an agent is reasons-receptive will depend on the intelligibility of her patterned recognition of reasons. By extending an account of reasons-responsiveness in these ways, we are able to rationalize our practice of judging people to be more or less responsible. (shrink)

Can we reconcile the idea that we are free and responsible agents with the idea that what we do is determined according to natural laws? For centuries, philosophers have tried in different ways to show that we can. Hilary Bok takes a fresh approach here, as she seeks to show that the two ideas are compatible by drawing on the distinction between practical and theoretical reasoning.Bok argues that when we engage in practical reasoning--the kind that involves asking "what should I (...) do?" and sifting through alternatives to find the most justifiable course of action--we have reason to hold ourselves responsible for what we do. But when we engage in theoretical reasoning--searching for causal explanations of events--we have no reason to apply concepts like freedom and responsibility. Bok contends that libertarians' arguments against "compatibilist" justifications of moral responsibility fail because they describe human actions only from the standpoint of theoretical reasoning. To establish this claim, she examines which conceptions of freedom of the will and moral responsibility are relevant to practical reasoning and shows that these conceptions are not vulnerable to many objections that libertarians have directed against compatibilists. Bok concludes that the truth or falsity of the claim that we are free and responsible agents in the sense those conceptions spell out is ultimately independent of deterministic accounts of the causes of human actions.Clearly written and powerfully argued, Freedom and Responsibility is a major addition to current debate about some of philosophy's oldest and deepest questions. (shrink)

Can we reconcile the idea that we are free and responsible agents with the idea that what we do is determined according to natural laws? For centuries, philosophers have tried in different ways to show that we can. This text seeks to show that the two ideas are compatible by drawing on the distinction between practical and theoretical reasoning.

The shortest form of the Basic Argument against free will and moral responsibility runs as follows: [1] When you act, you do what you do—in the situation in which you find yourself—because of the way you are. [2] If you do what you do because of the way you are, then in order to be fully and ultimately responsible for what you do you must be fully and ultimately responsible for the way you are. But [3] You cannot be fully (...) and ultimately responsible for the way you are. So [4] You cannot be fully and ultimately responsible for what you do. This paper restates the Basic Argument and varies it in several different ways. (shrink)

It is not a new thought that an adequate understanding of freedom and responsibility might require us to distinguish between the theoretical and practical points of view. This distinction is at the heart of the Kantian approach to moral philosophy. But while the Kantian strategy is deeply suggestive, it has proved difficult to work out the idea that freedom and responsibility are artifacts of the practical standpoint. Hilary Bok’s book Freedom and Responsibility provides a new interpretation and defense of the (...) broadly Kantian approach. It offers an illuminating account of the distinction between the practical and the theoretical points of view, and develops in an original way the thesis that freedom and responsibility need to be situated in the context of practical rather than theoretical reasoning. The book is a sophisticated statement of an important and underappreciated position; it is also pleasantly written and vigorously argued. I recommend it strongly to anyone with an interest in the issues it addresses. (shrink)

A traditional concern for determinists is that the epistemic conditions an agent must satisfy to deliberate about which of a number of distinct actions to perform threaten to conflict with a belief in determinism and its evident consequences. I develop an account of the sort that specifies two epistemic requirements, an epistemic openness condition and a belief in the efficacy of deliberation, whose upshot is that someone who believes in determinism and its evident consequences can deliberate without inconsistent beliefs. I (...) argue that conditions of both types are indispensable, and that they can be formulated so as to withstand the relevant objections. (shrink)

Negative retributivism is the view that though the primary justifying aim of legal punishment is the reduction of crime, the state's efforts to do so are subject to side-constraints that forbid punishment of the innocent and disproportionate punishment of the guilty. I contend that insufficient attention has been paid to what the side-constraints commit us to in constructing a theory of legal punishment, even one primarily oriented toward reducing crime. Specifically, I argue that the side-constraints limit the kinds of actions (...) that are appropriately criminalised, the kinds of beings who are appropriately liable to legal punishment, and the absolute and comparative severity of sanctions. I also argue that a third retributive constraint is needed, one which I term a ‘non-degradation constraint’. According to this third constraint, in our efforts to reduce crime, we must avoid treating offenders as non-moral beings and ensure that punishment does not atrophy or erode the complex capacity for moral responsibility. When this third constraint is combined with the persuasive instrumental case for promoting the moral responsiveness of offenders, the result is an approach to crime reduction that is quite different from ones which emphasise general deterrence and incapacitation. In the closing section, I broach the question whether negative retributivism has been appropriately characterised in the literature on legal punishment. (shrink)

By deliberation we understand practical reasoning with an end in view of choosing some course of action. Integral to it is the agent's sense of alternative possibilities, that is, of two or more courses of action he presumes are open for him to undertake or not. Such acts may not actually be open in the sense that the deliberator would do them were he to so intend, but it is evident that he assumes each to be so. One deliberates only (...) by taking it for granted that both performing and refraining from any of the acts under consideration are possible for one, and that which is to be selected is something entirely up to oneself. What is it for a course of action to be presumed as open, or for several courses of action to present themselves as a range of open alternatives? Answering these questions is essential for an understanding of deliberation and choice and, indeed, for the entire issue of free will and responsibility. According to one common view, a deliberator takes the considered options to be open only by assuming he is free to undertake any of them and, consequently, that whichever he does undertake is, as yet, a wholly undetermined matter. Built into the structure of deliberation, on this theory, is an indeterministic bias relative to which any deliberator with deterministic beliefs is either inconsistent or condemned to a fatalistic limbo. An unmistakable challenge is thereby posed: is there an alternative conception of the presuppositions underlying deliberation more congenial to a deterministic perspective yet adequate to the data? Convinced that there is, I develop a partial account of deliberation that, though highly similar to the aforementioned view, diverges at a critical juncture. (shrink)

Baedeker -- Independence. Truth in morals -- External skepticism -- Morals and causes -- Internal skepticism -- Interpretation. Moral responsibility -- Interpretation in general -- Conceptual interpretation -- Ethics. Dignity -- Free will and responsibility -- Morality. From dignity to morality -- Aid -- Harm -- Obligations -- Politics. Political rights and concepts -- Equality -- Liberty -- Democracy -- Law -- Epilogue. Dignity indivisible.

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)

Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, showing how (...) each developed in response to the prior one and comparing their early versions with those on the contemporary philosophical scene. Kant's theory that normativity springs from our own autonomy emerges as a synthesis of the other three, and Korsgaard concludes with her own version of the Kantian account. Her discussion is followed by commentary from G. A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard. (shrink)

In Freedom Within Reason, Susan Wolf charts a course between incompatibilism, or the notion that freedom and responsibility require causal and metaphysical independence from the impersonal forces of nature, and compatibilism, or the notion that people are free and responsible as long as their actions are governed by their desires. Wolf argues that some of the forces which are beyond our control are friends to freedom rather than enemies of it, enabling us to see the world for what it is. (...) The freedom we want is not independence from the world, but independence from the forces that prevent us from choosing how to live in the light of a sufficient appreciation of the world. (shrink)

Originally published: Oxford: Clarendon, 1997.

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)