Here, I review work from three lines of research in cognitive science often taken to threaten free will and moral responsibility. This work concerns conscious deciding, the experience of acting, and the role of largely unnoticed situational influences on behavior. Whether this work in fact threatens free will and moral responsibility depends on how we ought to interpret it, and depends as well on the nature of free and responsible behavior. I discuss different ways this work has been interpreted and (...) argue that though work on conscious deciding and the experience of acting presents no real threat, work on situational influences is more difficult to dismiss. This work may present a real threat, and it may require us to revise our commonsense understanding of free and responsible behavior. But this work may also present ways to augment free and responsible behavior. Determining whether and how advancing science threatens, enhances, or simply describes free will is an ongoing task for scientists and philosophers alike. (shrink)

Standard methods in experimental philosophy have sought to measure folk intuitions using experiments, but certain limitations are inherent in experimental methods. Accordingly, we have designed the Free-Will Intuitions Scale to empirically measure folk intuitions relevant to free-will debates using a different method. This method reveals what folk intuitions are like prior to participants' being put in forced-choice experiments. Our results suggest that a central debate in the experimental philosophy of free will—the “natural” compatibilism debate—is mistaken in assuming that folk intuitions (...) are exclusively either compatibilist or incompatibilist. They also identify a number of important new issues in the empirical study of free-will intuitions. (shrink)

Derk Pereboom's Four-Case Argument is among the most famous and resilient manipulation arguments against compatibilism. I contend that its resilience is not a function of the argument's soundness but, rather, the ill-gotten gain from an ambiguity in the description of the causal relations found in the argument's foundational case. I expose this crucial ambiguity and suggest that a dilemma faces anyone hoping to resolve it. After a thorough search for an interpretation which avoids both horns of this dilemma, I conclude (...) that none is available. Rather, every metaphysically coherent interpretation invites either a hard- or soft-line reply to Pereboom's argument. I then consider a recharacterization of the dilemma which seems to clear the way for the defence of a revised Four-Case Argument. I address this rejoinder by identifying a still more fundamental problem shared by all viable interpretations of the manipulation cases, showing that each involves a type of manipulation which undermines the victim's agency. Because this diagnosis supports a soft-line reply to every viable interpretation of the argument and can be endorsed by any compatibilist, I consider it the final piece of the Soft-line Solution to the Four-Case Argument. Finally, I suggest a new taxonomy of manipulation arguments, arguing that none that employs the suppressive variety of manipulation found in Pereboom's argument offers a threat to compatibilism. -/- (For direct download option, search Kristin M. Mickelson, Soft-line Solution). (shrink)

The idea that incompatibilism is intuitive is one of the key motivators for incompatibilism. Not surprisingly, then philosophers who defend incompatibilism often claim that incompatibilism is the natural, commonsense view about free will and moral responsibility (e.g., Pereboom 2001, Kane Journal of Philosophy 96:217–240 1999, Strawson 1986). And a number of recent studies find that people give apparently incompatibilist responses in vignette studies. When participants are presented with a description of a causal deterministic universe, they tend to deny that people (...) are morally responsible in that universe. Although this suggests that people are intuitive incompatibilists, Eddy Nahmias and Dylan Murray, in a recent series of important papers, have developed an important challenge to this interpretation. They argue that people confuse determinism with bypassing, the idea that one’s mental states lack causal efficacy. Murray and Nahmias present new experiments that seem to confirm the bypassing hypothesis. In this paper, we use structural equation modeling to re-examine the issue. We find support instead for an incompatibilist explanation of the bypassing results, i.e., incompatibilist judgments seem to cause bypassing judgments. We hypothesize that this phenomenon occurs because people think of decisions as essentially indeterministic; thus, when confronted with a description of determinism they tend to think that decisions do not even occur. We provide evidence for this in three subsequent studies which show that many participants deny that people make decisions in a deterministic universe; by contrast, most participants tend to allow that people add numbers in a deterministic universe. Together, these studies suggest that bypassing results don’t reflect a confusion, but rather the depth of the incompatibilist intuition. (shrink)

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

What are the folk-conceptual connections between free will and consciousness? In this paper I present results which indicate that consciousness plays central roles in folk conceptions of free will. When conscious states cause behavior, people tend to judge that the agent acted freely. And when unconscious states cause behavior, people tend to judge that the agent did not act freely. Further, these studies contribute to recent experimental work on folk philosophical affiliation, which analyzes folk responses to determine whether folk views (...) are consistent with the view that free will and determinism are incompatible (incompatibilism) or with the opposite view (compatibilism). Conscious causation of behavior tends to elicit pro-free will judgments, even when the causation takes place deterministically. Thus, when controlling for consciousness, many folk seem to be compatibilists. However, participants who disagree with the deterministic or cognitive scientific descriptions given of human behavior tend to give incompatibilist responses. (shrink)

Research on moral judgment has been dominated by rationalist models, in which moral judgment is thought to be caused by moral reasoning. The author gives 4 reasons for considering the hypothesis that moral reasoning does not cause moral judgment; rather, moral reasoning is usually a post hoc construction, generated after a judgment has been reached. The social intuitionist model is presented as an alternative to rationalist models. The model is a social model in that it deemphasizes the private reasoning done (...) by individuals and emphasizes instead the importance of social and cultural influences. The model is an intuitionist model in that it states that moral judgment is generally the result of quick, automatic evaluations (intuitions). The model is more consistent than rationalist models with recent findings in social, cultural, evolutionary, and biological psychology, as well as in anthropology and primatology. (shrink)

It is often supposed that there is a relationship between desert and responsibility: that to be deserving we must be responsible for that which makes us deserving. Indeed, there seems little doubt that a supposed relationship between desert and responsibility, combined with a growing tendency to view less and less as the responsibility of the individual, contributed to the reluctance to appeal to desert which has been a feature of much recent moral and political philosophy. Certainly, if to be deserving (...) we need to be responsible for that which makes us deserving ‘all the way down,’ it is not easy to see how anyone could ever be deserving of anything.I will argue that the claim that we can deserve only on the basis of that for which we are responsible — the desert-responsibility thesis — is false. There is no conceptual connection between desert and responsibility. Nevertheless, it is true that many claims to deserve are undermined if there is a lack of responsibility. (shrink)

We discuss recent work in experimental philosophy on free will and moral responsibility and then present a new study. Our results suggest an error theory for incompatibilist intuitions. Most laypersons who take determinism to preclude free will and moral responsibility apparently do so because they mistakenly interpret determinism to involve fatalism or “bypassing” of agents’ relevant mental states. People who do not misunderstand determinism in this way tend to see it as compatible with free will and responsibility. We discuss why (...) these results pose a challenge to incompatibilists. (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)

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive (...) justifications of punishment, and so leave open the possibility of a sound non-retributive justification of punishment. Punishment cannot be justified, the paper argues, because it cannot be demonstrated that any punishment, no matter how minimal, is not a disproportionate retributive response to criminal wrongdoing. If we are to hold onto proportionality—that is, proportionality as setting a limit to morally permissible punishment—then punishment is morally impermissible. The argument is a retributive argument against punishment insofar as a just retributive response to wrongdoing must be proportionate to the wrongdoing. The argument, that is, is concerned with proportionality as a retributive requirement. The argument against punishment is set out on the basis of a familiar version of the ‘anchoring problem’, according to which it is the problem of determining the most severe punishment to anchor or ground the punishment scale. To meet the possible criticism that we have chosen a version of the anchoring problem particularly favourable to our argument, various alternative statements of the anchoring problem are considered. Considering such statements also provides a more rounded view of the anchoring problem. One such alternative holds that the punishment scale must be anchored not just in the most severe punishment, but in the least severe punishment as well. Other alternatives hold that it is necessary and sufficient to anchor the punishment scale in any two punishments, neither of which needs to be the most or least severe punishment. A further suggestion is that one anchoring point anywhere along the punishment scale is sufficient, because it is possible to ‘project’ from such a point, so as to determine the correlative punishments for all other crimes, and so derive a complete punishment scale. Finally, the suggestion is considered that one can approach the issue of a punishment scale ‘holistically’, denying any distinction between anchoring and derived (or ‘projected’) punishments. (shrink)

John Fischer and Mark Ravizza defend in this book a painstakingly constructed analysis of what they take to be a core condition of moral responsibility: the notion of guidance control. The volume usefully collects in one place ideas and arguments the authors have previously published in singly or jointly authored works on this and related topics, as well as various refinements to those views and some suggestive discussions that aim to show how their account of guidance control might fit into (...) a more comprehensive account of moral responsibility. (shrink)

Derk Pereboom's Four-Case Argument is among the most famous and resilient manipulation arguments against compatibilism. I contend that its resilience is not a function of the argument's soundness but, rather, the ill-gotten gain from an ambiguity in the description of the causal relations found in the argument's foundational case. I expose this crucial ambiguity and suggest that a dilemma faces anyone hoping to resolve it. After a thorough search for an interpretation which avoids both horns of this dilemma, I conclude (...) that none is available. Rather, every metaphysically coherent interpretation invites either a hard- or soft-line reply to Pereboom's argument. I then consider a recharacterization of the dilemma which seems to clear the way for the defence of a revised Four-Case Argument. I address this rejoinder by identifying a still more fundamental problem shared by all viable interpretations of the manipulation cases, showing that each involves a type of manipulation which undermines the victim's agency. Because this diagnosis supports a soft-line reply to every viable interpretation of the argument and can be endorsed by any compatibilist, I consider it the final piece of the Soft-line Solution to the Four-Case Argument. Finally, I suggest a new taxonomy of manipulation arguments, arguing that none that employs the suppressive variety of manipulation found in Pereboom's argument offers a threat to compatibilism. (shrink)

David Boonin has recently argued that although no existing theory of legal punishment provides adequate moral justification for the practice of punishing criminal wrongdoing, compulsory victim restitution (CVR) is a morally justified response to such wrongdoing. Here I argue that Boonin’s thesis is false because CVR is a form of punishment. I first support this claim with an argument that Boonin’s denial that CVR is a form of punishment requires a groundless distinction between a state’s response to a criminal offense (...) and its response to an offender’s failure to comply with the sanctions imposed for that offense. I then suggest that this argument points to a definition of punishment that not only meets Boonin’s own desiderata for a definition of punishment but also implies that CVR is a form of punishment. Finally, I argue that CVR is a form of punishment even under Boonin’s own proposed definition of punishment. -/- . (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

This paper develops a sympathetic critique of recent experimental work on free will and moral responsibility. Section 1 offers a brief defense of the relevance of experimental philosophy to the free will debate. Section 2 reviews a series of articles in the experimental literature that probe intuitions about the "compatibility question"—whether we can be free and morally responsible if determinism is true. Section 3 argues that these studies have produced valuable insights on the factors that influence our judgments on the (...) compatibility question, but that their general approach suffers from significant practical and philosophical difficulties. Section 4 reviews experimental work addressing other aspects of the free will/moral responsibility debate, and section 5 concludes with a discussion of avenues for further research. (shrink)

Many philosophers ignore developments in the behavioral, cognitive, and neurosciences that purport to challenge our ideas of free will and responsibility. The reason for this is that the challenge is often framed as a denial of the idea that we are able to act differently than we do. However, most philosophers think that the ability to do otherwise is irrelevant to responsibility and free will. Rather it is our ability to act for reasons that is crucial. We argue that the (...) scientific findings indicate that it is not so obvious that our views of free will and responsibility can be grounded in the ability to act for reasons without introducing metaphysical obscurities. This poses a challenge to philosophers. We draw the conclusion that philosophers are wrong not to address the recent scientific developments and that scientists are mistaken in formulating their challenge in terms of the freedom to do otherwise. (shrink)

In this article we survey six recent developments in the philosophical literature on free will and moral responsibility: (1) Harry Frankfurt's argument that moral responsibility does not require the freedom to do otherwise; (2) the heightened focus upon the source of free actions; (3) the debate over whether moral responsibility is an essentially historical concept; (4) recent compatibilist attempts to resurrect the thesis that moral responsibility requires the freedom to do otherwise; (5) the role of the control condition in free (...) will and moral responsibility, and finally (6) the debate centering on luck. (shrink)

As I write this, in November 1971, people are dying in East Bengal from lack of food, shelter, and medical caxc. The suffering and death that are occurring there now axe not inevitable, 1101; unavoidable in any fatalistic sense of the term. Constant poverty, a cyclone, and a civil war have turned at least nine million people into destitute refugees; nevertheless, it is not beyond Lhe capacity of the richer nations to give enough assistance to reduce any further suffering to (...) very small proportions. The decisions arid actions of human beings can prevent this kind of suffering. Unfortunately, human beings have not made the necessary decisions. At the individual level, people have, with very few exceptions, not responded to the situation in any signihczmt way. Generally speaking, people have not given large sums to relief funds; they have not written t0 their parliamentaxy representatives demanding increased government assistance; they have not demonstrated in the streets, held symbolic fasts, or done anything else directed toward providing thc refugees with the means to satisfy their essential needs. At thc government level, no govcrmmcnt has given the sort of massive aid that would enable the refugees to survive fm: more than a few days. Britain, for instance, has given rather more than most countries. It has, to date, given £14,750,000. For comparative purposes, B1~itain’s share of thc nonreccverabla development costs of the Anglo-French Concorde project is already in excess of £275,000,000, and on present estimates will reach £440,000,¤00. The implication is that the British government values a supersonic transport more than thirty times as.. (shrink)

In this paper we discuss studies that show that most people do not find determinism to be incompatible with free will and moral responsibility if determinism is described in a way that does not suggest mechanistic reductionism. However, if determinism is described in a way that suggests reductionism, that leads people to interpret it as threatening to free will and responsibility. We discuss the implications of these results for the philosophical debates about free will, moral responsibility, and determinism.

I address various critiques of the approach to moral responsibility sketched in previous work by Ravizza and Fischer. I especially focus on the key issues pertaining to manipulation.

Abstract : Libet’s famous experiments, showing that apparently we become aware of our intention to act only after we have unconsciously formed it, have widely been taken to show that there is no such thing as free will. If we are not conscious of the formation of our intentions, many people think, we do not exercise the right kind of control over them. I argue that the claim this view presupposes, that only consciously initiated actions could be free, places a (...) condition upon freedom of action which it is in principle impossible to fulfil, for reasons that are conceptual and not merely contingent. Exercising this kind of control would require that we control our control system, which would simply cause the same problem to arise at a higher-level or initiate an infinite regress of controllings. If the unconscious initiation of actions, as well as the takings of decisions, is incompatible with control over them, then free will is impossible on conceptual grounds. Thus, Libet’s experiments do not constitute a separate, empirical, challenge to our freedom. (shrink)

Voluntary acts are preceded by electrophysiological (RPs). With spontaneous acts involving no preplanning, the main negative RP shift begins at about200 ms. Control experiments, in which a skin stimulus was timed (S), helped evaluate each subject's error in reporting the clock times for awareness of any perceived event.

Revisionism in the theory of moral responsibility is the idea that some aspect of responsibility practices, attitudes, or concept is in need of revision. While the increased frequency of revisionist language in the literature on free will and moral responsibility is striking, what discussion there has been of revisionism about responsibility and free will tends to be critical. In this paper, I argue that at least one species of revisionism, moderate revisionism, is considerably more sophisticated and defensible than critics have (...) realized. I go on to argue for the advantages of moderate revisionist theories over standard compatibilist and incompatibilist theories. (shrink)

In this article I try to refute the so-called "libertarian" theory of free will, and to examine how our conclusion ought to modify our common attitudes of praise and blame. In attacking the libertarian view, I shall try to show that it cannot be consistently stated. That is, my dscussion will be an "analytic-philosophic" one. I shall neglect what I think is in practice an equally powerful method of attack on the libertarian: a challenge to state his theory in such (...) a way that it will fit in the modern biology and psychology, which are becoming increasingly physicalistic. (shrink)

This paper relies on experimental methods to explore the psychological underpinnings of folk intuitions about free will and responsibility. In different conditions, people give conflicting responses about agency and responsibility. In some contexts, people treat agency as indeterminist; in other contexts, they treat agency as determinist. Furthermore, in some contexts people treat responsibility as incompatible with determinism, and in other contexts people treat responsibility as compatible with determinism. The paper considers possible accounts of the psychological mechanisms that underlie these conflicting (...) responses. (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.

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 have taken an experimental approach to this question. Freely voluntary acts are preceded by a specific electrical change in the brain that begins 550 ms before the act. Human subjects became aware of intention to act 350-400 ms after RP starts, but 200 ms. before the motor act. The volitional process is therefore initiated unconsciously. But the conscious function could still control the outcome; it can veto the act. Free will is therefore not excluded. These findings put constraints on (...) views of how free will may operate; it would not initiate a voluntary act but it could control performance of the act. The findings also affect views of guilt and responsibility. But the deeper question still remains: Are freely voluntary acts subject to macro-deterministic laws or can they appear without such constraints, non-determined by natural laws and ‘truly free'? I shall present an experimentalist view about these fundamental philosophical opposites. (shrink)

Evidence from experimental philosophy indicates that people think that their choices are not determined. What remains unclear is why people think this. Denying determinism is rather presumptuous given people’s general ignorance about the nature of the universe. In this paper, I’ll argue that the belief in indeterminism depends on a default presumption that we know the factors that influence our decision making. That presumption was reasonable at earlier points in intellectual history. But in light of work in cognitive science, we (...) are no longer justified in sustaining the presupposition that we know what influences our choices. As a result, I’ll suggest, our belief in indeterminist choice is unjustified. (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)

[opening paragraph]: Our sense of free will depends upon a balance between reliability and flexibility in relation to cause-and-effect. Without the former, all outcomes would be arbitrary; without the latter, all outcomes would be predetermined. In neither case would there be any way of putting one's will into effect. So much is clear, yet establishing that precarious balance has proved so difficult that Kant himself declared ‘freedom of the will’ to be one of only three metaphysical problems which lie beyond (...) the powers of the human intellect . Western debate on this topic reflects a complex ethical and religious inheritance. Insights from Greek philosophy and Hebrew scripture were combined and filtered through Christian and Jewish traditions which developed in late antiquity and through the middle ages. These formed the context for the Enlightenment, whose dominant thinkers in turn provide the backdrop against which today's scholars act and react. (shrink)

Philosophers who theorize about whether free will is compatible with causal determinism often rely on ordinary intuitions to bolster their theory. A revisionist theory of free will takes a different approach, saying that the best philosophical theory of what we ought to think about free will conflicts with what we ordinarily do think about free will. I contend that revisionism has not been taken as seriously as should be because philosophers have not realized the extent to which ordinary intuitions are (...) inconsistent. I present an experiment that gives empirical evidence for revisionism. The experiment shows that, in spite of the fact that the ?is compatible with? relation is symmetric, folk intuitions change as a function of whether we ask ?Is determinism compatible with free will?? versus ?Is free will compatible with determinism?? The paper explores possible explanations for why folk intuitions do not mirror the symmetry of the ?is compatible with? relation, but regardless of which of these explanations is correct, I argue that we must be revisionists in at least this sense: what we ought to believe about free will cannot include everything we do believe about free will. (shrink)

Some argue that libertarianism represents the riskier incompatibilist view when it comes to the free will problem. An ethically cautious incompatibilist should bet that we are not free in the sense required for moral responsibility, these theorists claim, as doing so means that we no longer run the risk of holding the morally innocent responsible. In this paper, I show that the same reasoning also advises us to bet against compatibilism. Supposing that we are unsure about whether or not the (...) causal order of the world is compatible with the kind of freedom that is required for moral responsibility, an ethically cautious approach would once again bet that hard incompatibilism is true. (shrink)

A companion to 'Punishment: Consequentialism' and 'Punishment: Nonconsequentialism', which examine attempts to justify punishment as a state institution, this paper considers possible alternatives to punishment. On the assumption that there are two elements to punishment, an element of condemnation and of hard treatment, the paper considers, first, the alternative of condemnation without hard treatment, and secondly, of hard treatment without condemnation. The paper then looks ahead to possible developments in thinking and theorising about punishment.

Some theorists think that the more we get to know about the neural underpinnings of our behaviors, the less likely we will be to hold people responsible for their actions. This intuition has driven some to suspect that as neuroscience gains insight into the neurological causes of our actions, people will cease to view others as morally responsible for their actions, thus creating a troubling quandary for our legal system. This paper provides empirical evidence against such intuitions. Particularly, our studies (...) of folk intuitions suggest that (1) when the causes of an action are described in neurological terms, they are not found to be any more exculpatory than when described in psychological terms, and (2) agents are not held fully responsible even for actions that are fully neurologically caused. (shrink)