In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...) evidence is simply not there. In this paper I make two parallel points against a quarantine theory of criminal justice. First, the free will skeptic who would justify universal criminal quarantine is also faced with a burden of proof, the burden to establish to a similarly high level that no human being ever acts freely. Second, there is not sufficient evidence for that conclusion either. I believe that the quandary that this creates for criminal justice can be resolved by distinguishing the methods associated with a particular approach from the approach itself: if our choice is between the methods of punishment and the methods of quarantine, the methods that constitute punishment are, I would argue, morally preferable to those that constitute quarantine. (shrink)

This paper features Derk Pereboom’s replies to commentaries by Victor Tadros and Saul Smilansky on his non-retributive, incapacitation-focused proposal for treatment of dangerous criminals; by Michael McKenna on his manipulation argument against compatibilism about basic desert and causal determination; and by Alfred R. Mele on his disappearing agent argument against event-causal libertarianism.

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)

Robert Kane's event-causal libertarian theory of free will has been subjected to a variety of criticisms. In response to the luck objection, he has provided an ambiguous answer which results in additional criticisms that are avoidable. I explain Kane's theory, the luck objection and Kane's reply to the problem of luck. I note that in some places he suggests that the dual wantings of agents engaged in self-forming actions (SFAs) provides the key to answering the luck objection, whereas in other (...) places he suggests that the dual willings or tryings of agents is the key. Various philosophers criticize Kane's view by focusing on his concept of the dual willings/tryings involved in SFAs. I argue that despite Kane's efforts to answer these criticisms, they still hold; but I also go on to argue that Kane can avoid these criticisms and also answer the luck objection by just focusing on the important role of the dual wantings in SFAs. (shrink)

A Pragmatic Approach to Libertarian Free Will argues that the kind of free will required for moral responsibility and just desert is libertarian free will. It is a source of great controversy whether such a libertarian view is coherent and whether we should believe that we have such free will. This book explains and defends Robert Kane¿s conception of libertarian free will while departing from it in certain key respects. It is argued that a suitably modified Kanean model of free (...) will can be shown to be conceptually coherent. In addition, it is argued that while we lack sufficient epistemic grounds supporting belief in the existence of libertarian free will, we may still be justified in believing in it for moral reasons. As such, the book engages critically with the works of a growing number of philosophers who argue that we should jettison belief in the existence of desert-grounding free will and the practices of praise and blame and reward and punishment which it supports. (shrink)

This paper provides a brief review of some of the central elements of Robert Kane’s event-causal libertarian theory of free will. It then goes on to consider four of the central criticisms Derk Pereboom has made of Kane’s view and it shows how each of these criticisms can be reasonably answered. These criticisms are the no further power/control objection, the disappearing agent/luck objection, the randomizing manipulator objection, and the problem of responsibility for efforts of will.

Richard Double argues that libertarians believe we should hold people morally responsible for their actions and we must possess libertarian free will to be morally responsible for our actions; most libertarians believe there is scant epistemic justification for the belief that any of us possess LFW; and morally conscientious persons hold people responsible for their actions only if they have epistemic justification for their guilt. Thus, he concludes most libertarians are not being morally conscientious when they hold people responsible for (...) their actions. Double considers a possible pragmatic, moral argument against his position, but in so doing he only considers a consequentialist version of the pragmatic response. I show that there is a plausible nonconsequentialist way of responding to Double’s argument, and I defend it in the article. (shrink)

Robert Kane has for many years claimed that in our underivatively free actions, what he calls “self-forming acts”, we actually try to do both of the two acts we are contemplating doing and then we ultimately end up doing only one of them. This idea of dual willings/efforts was put forward in an attempt to solve luck problems, but Randolph Clarke and Alfred Mele argue that for this to work agents must, then, freely engage in the dual efforts leading up (...) to their SFAs. In response, Kane has said they do so freely by meeting compatibilist criteria of freedom. In Free Will and Luck , Mele argues that this move is deeply problematic. In this essay, I defend Kane's position. In doing so, I clarify important differences between the SFAs of adults and those of young children, making more clear the connections between SFAs, character, and responsibility. (shrink)

Free determined decisions are free decisions that are causally determined by the character of the agent. Robert Kane is a libertarian about free will who believes some of our free decisions are determined in this way. According to Kane, for a determined decision to be free it must proceed from the agent's character and the agent must have shaped that character through previous undetermined free decisions. In recent writings, Mark Balaguer has argued that human beings may well possess libertarian freedom, (...) but he rejects Kane's view that free determined acts must proceed from a character that is constructed from prior undetermined free decisions. This essay explains Balaguer's argument for rejecting the Kanean view and critically responds to it in defense of Kane's position on free determined decisions. (shrink)

In a recent article, Meghan Griffith (American Philosophical Quarterly 47:43–56, 2010) argues that agent-causal libertarian theories are immune to the problem of luck but that event-causal theories succumb to this problem. In making her case against the event-causal theories, she focuses on Robert Kane’s event-causal theory. I provide a brief account of the central elements of Kane’s theory and I explain Griffith’s critique of it. I argue that Griffith’s criticisms fail. In doing so, I note some important respects in which (...) Kane’s view is unclear and I suggest a plausible way of reading Kane that makes his theory immune to Griffith’s objections. (shrink)

This article articulates and defends an indeterministic weightings model of libertarian free will. It begins by defining the conception of free will at issue and then goes on to present versions of the luck objection which is often made against theories of LFW. It is argued that the sort of indeterministic weightings model of LFW which has been defended in the recent literature by Storrs McCall and E.J. Lowe and John Lemos has the resources to answer such luck objections while (...) possessing virtues which some other libertarian views lack. According to the indeterministic weightings model of LFW, in making undetermined free-willed choices between two courses of action, A or B, the reasons for choosing each option don’t come with pre-established evaluative weights. During the process of deliberation, the agent assigns weight in an undetermined way to the reasons for each option and this typically leads to the choice of the option that has been assigned a greater value. In the paper, it is not only argued that this theory can resolve worries about luck but also that the view has virtues which certain other libertarian views lack, as such the view is contrasted with the modest libertarian models of LFW from Daniel Dennett and Alfred Mele as well as Robert Kane’s view. (shrink)

Some contemporary philosophers maintain we lack the kind of free will that makes us morally responsible for our actions. Some of these philosophers, such as Derk Pereboom, Gregg Caruso, and Bruce Waller, also argue that such a view supports the case for significant reform of the penal system. Pereboom and Caruso explicitly endorse a quarantine model for dealing with dangerous criminals, arguing that while not responsible for their crimes such criminals should be detained in non-harsh conditions and offered the opportunity (...) for rehabilitation. Waller does not explicitly endorse the quarantine model, but his view is similar in significant respects. I argue that such views can too easily lead to the endorsement of legal policies which would result in more frequent punishment of innocent persons for crimes they have not committed. Thus, we should have deep moral reservations about such views. (shrink)

In a recent article, I defended libertarian views of free will against Richard Double’s argument that such views are hard-hearted. In supporting my main argument against Double, I invoked what I call “the Puppetmaster” argument. Double has recently countered that this argument fails. In this essay, I provide a response to this negative assessment of the Puppetmaster argument.