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)

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)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

The question of the psychopath's responsibility for his or her wrongdoing has received considerable attention. Much of this attention has been directed toward whether psychopaths are a counterexample to motivational internalism (MI): Do they possess normal moral beliefs, which fail to motivate them? In this paper, I argue that this is a question that remains conceptually and empirically intractable, and that we ought to settle the psychopath's responsibility in some other way. I argue that recent empirical work on the moral (...) judgments of psychopaths provides us with good reason to think that they are not fully responsible agents, because their actions cannot express the kinds of ill-will toward others that grounds attributions of distinctively moral responsibility. I defend this view against objections, especially those due to an influential account of moral responsibility that holds that moral knowledge is not necessary for responsibility. (shrink)

In a recent article Gary Watson instructively distinguishes two faces or aspects of responsibility. The first is the self-disclosing sense, which is concerned centrally with aretaic or excellence-relevant evaluations of agents. An agent is responsible for an action in this respect when it is an action that is inescapably the agent’s own, if, as a declaration of her adopted ends, it expresses what the agent is about, her identity as an agent. An action for which the agent is responsible in (...) this sense expresses what the agent is ready to stand up for, to defend, to affirm, to answer for. (1996: 233-4) . The second face of responsibility has perhaps had a more explicit role in debates about free will — it concerns control and accountability. Watson argues that when one is skeptical about the second "accountability" face, one need not also be skeptical about responsibility as self-disclosure. I agree, and in my view, this helps us see why maintaining that determinism precludes accountability need not also commit one to the view that determinism precludes responsibility in a way that threatens meaning in life. Part of the reason for this is that when responsibility as accountability is undermined, less of what we deem valuable needs to be relinquished than often believed. But in addition, it turns out that the kind of accountability precluded by determinism is not nearly as important to what is most significant in human life as is responsibility as self-disclosure. Indeed, it may be that an unfortunate fusing of these two notions underlies the concern that if determinism imperils accountability, it also threatens what most fundamentally makes our lives meaningful. (shrink)

How can hard determinism deal with the need to punish, when coupled with the obligation to be just? I argue that even though hard determinists might find it morally permissible to incarcerate wrongdoers apart from lawful society, they are committed to the punishment’s taking a very different form from common practice in contemporary Western societies. Hard determinists are in fact committed to what I will call funishment, instead of punishment. But, by its nature funishment is a practical reductio of hard (...) determinism: it makes implementing hard determinism impossible to contemplate. Indeed, the social practices that hard determinism requires turn out to be morally bad even according to hard determinism itself. I conclude by briefly reflecting upon the implications. (shrink)

Abstract: Many philosophers believe that people who are not capable of grasping the significance of moral considerations are not open to moral blame when they fail to respond appropriately to these considerations. I contend, however, that some morally blind, or 'psychopathic,' agents are proper targets for moral blame, at least on some occasions. I argue that moral blame is a response to the normative commitments and attitudes of a wrongdoer and that the actions of morally blind agents can express the (...) relevant blame-grounding attitudes insofar as these agents possess the capacity to make judgments about non-moral reasons. (shrink)

Fred Feldman is an important philosopher, who has made a substantial contribution to utilitarian moral philosophy. This collection of ten previously published essays plus a new introductory essay reveal the striking originality and unity of his views. Feldman's version of utilitarianism differs from traditional forms in that it evaluates behaviour by appeal to the values of accessible worlds. These worlds are in turn evaluated in terms of the amounts of pleasure they contain, but the conception of pleasure involved is a (...) novel one and the formulation of hedonism improved. In Feldman's view pleasure is not a feeling but a propositional attitude. He also deals with problems of justice that affect standard forms of utilitarianism. The collection is ideally suited for courses on contemporary utilitarian theory. (shrink)