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)

The purpose of this essay is to respond to critiques of my recent book (Free Will as an Open Scientific Problem) put forward by Michael McKenna, Derk Pereboom, and Bob Kane in an Author-Meets-Critics session at the 2011 Pacific Division meeting of the APA.

Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.

In this classic text, Kant sets out to articulate and defend the Categorical Imperative - the fundamental principle that underlies moral reasoning - and to lay the foundation for a comprehensive account of justice and human virtues. This new edition and translation of Kant's work is designed especially for students. An extensive and comprehensive introduction explains the central concepts of Groundwork and looks at Kant's main lines of argument. Detailed notes aim to clarify Kant's thoughts and to correct some commonmisunderstandings (...) of his doctrines. (shrink)

This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is argued, (...) supports punishment on deterrent grounds, at least in some limited cases. (shrink)

In Free Will, Agency, and Meaning in Life, Derk Pereboom proposes an optimistic model of life that follows on the rejection of both libertarian and compatibilist beliefs in free will, moral responsibility, and desert. I criticize his views, focusing on punishment. Pereboom responds to my earlier argument that hard determinism must seek to revise the practice of punishment in the direction of funishment, whereby the incarcerated are very generously compensated for the deprivations of incarceration. I claimed that funishment is a (...) practical reductio: of hard determinism. Pereboom replies, but I claim that he misses a key component of my reductio, the idea that moving in the direction of funishment will considerably weaken the deterrence of potential criminals so that hard determinism becomes self-defeating in practice. Beyond the challenge of funishment, I raise various other difficulties with Pereboom’s model, concerning its deeply unintuitive implications, the harm it does to the motivation of potential criminals, its weakness in resisting utilitarian-like dangers, and more. Our conclusions should lead to a re-evaluation of the compatibilist interpretation of moral life, as a richer, more plausible, and safer interpretation than hard determinism. This needs to be combined with a true hard determinist acknowledgment of the deep injustice and tragedy involved in punishment in light of the absence of libertarian free will. Such a complex view will come closer to doing justice to notions of justice, morality, and decency. (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)

I will argue that a desert-based justification for treating a person in a certain way is a justification that holds this treatment to be justified simply by what the person is like and what he or she has done, independent of (1) the fact that treating the person in this way will have good effects (or that treating people like him or her in this way will have such effects); (2) the fact that this treatment is called for by some (...) (justified) institution or practice; or (3) the fact that the person could have avoided being subject to this treatment by choosing appropriately, and therefore cannot complain of it. I will explore the implications of this understanding of desert for the role of desert-based justifications of blame, punishment, and economic reward. (shrink)

Some philosophers have claimed that causally determined agents are not morally responsible because they cannot make a difference in the world. A recent response by philosophers who defend the compatibility of determinism and responsibility has been to concede that causally determined agents are incapable of making a difference, but to argue that responsibility is not grounded in difference making. These compatibilists have rested such a claim on Frankfurt cases—cases where agents are intuitively responsible for acts that they couldn’t have failed (...) to perform. This essay argues, first, that the intuitive plausibility of the idea that responsibility is grounded in difference making is not completely put to rest by Frankfurt cases, even if those cases successfully show that responsibility is not grounded in difference making in the sense of access to alternative possibilities of action. It then goes on to develop a different compatibilist strategy, one according to which responsibility is grounded in difference making, but the type of difference making it is grounded in does not require access to alternative possibilities. Indeed, it is a form of difference making that is clearly compatible with determinism. (shrink)

Background: Locke's Conception of Freedom For how can we think any one freer than to have the power to do what we will. — John Locke n his chapter on power ...

In this paper, I engage with several of the intriguing theses Michael McKenna puts forward in his Conversation and Responsibility. For example, I examine McKenna’s claim that the fact that an agent is morally responsible for an action and the fact that an agent is appropriately held responsible explain each other. I go on to argue that despite the importance of the ability to hold people responsible, an agent’s being morally responsible for an action is explanatorily fundamental, and in this (...) sense responsibility is response-independent. I then explore some of the specific aspects of McKenna’s conversational theory before turning to his suggestion that the conversational nature of our responsibility practices gives us special kinds of reasons for accepting that agents are deserving of the harms of blame. Finally, I conclude by raising questions for his argument that the scope of blameworthy actions extends beyond that of impermissible actions. (shrink)

In this paper, our goal is to survey some of the legal contexts within which violence risk assessment already plays a prominent role, explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law, we briefly examine the role currently played by (...) predictions of violence in three high stakes legal contexts: capital sentencing, civil commitment hearings, and sexual predator statutes. In Clinical vs. Actuarial Violence Risk Assessment, we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In The Neural Correlates of Psychopathy, we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection and data analysis that we believe will play an important role when it comes to future neuroscientific research on violence. In The Potential Promise of Neuroprediction, we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in The Potential Perils of Neuroprediction, we explore some potential evidentiary, constitutional, and moral issues that may arise in the context of the neuroprediction of violence. (shrink)

Tackling some central problems in the philosophy of action, Mele constructs an explanatory model for intentional behavior, locating the place and significance of such mental phenomena as beliefs, desires, reason, and intentions in the etiology of intentional action. Part One comprises a comprehensive examination of the standard treatments of the relations between desires, beliefs, and actions. In Part Two, Mele goes on to develop a subtle and well-defended view that the motivational role of intentions is of a different sort from (...) that of beliefs and desires. Mele, also offers a provocative explanation of how we come to have intentions and elaborates on his earlier work concerning akratic failures of will. (shrink)

This article is a critical discussion of Derk Pereboom’s “disappearing agent objection” to event-causal libertarianism in his Free Will, Agency, and Meaning in Life. This objection is an important plank in Pereboom’s argument for free will skepticism. It is intended to knock event-causal libertarianism, a leading pro-free-will view, out of contention. I explain why readers should not find the objection persuasive.

Mele's ultimate purpose in this book is to help readers think more clearly about free will. He identifies and makes vivid the most important conceptual obstacles to justified belief in the existence of free will and meets them head on. Mele clarifies the central issues in the philosophical debate about free will and moral responsibility, criticizes various influential contemporary theories about free will, and develops two overlapping conceptions of free will--one for readers who are convinced that free will is incompatible (...) with determinism (incompatibilists), and the other for readers who are convinced of the opposite (compatibilists). Luck poses problems for all believers in free will, and Mele offers novel solutions to those problems--one for incompatibilist believers in free will and the other for compatibilists. An early chapter of this empirically well-informed book clearly explains influential neuroscientific studies of free will and debunks some extravagant interpretations of the data. Other featured topics include abilities and alternative possibilities, control and decision-making, the bearing of manipulation on free will, and the development of human infants into free agents. Mele's theory offers an original perspective on an important problem and will garner the attention of anyone interested in the debate on free will. (shrink)

Mele's ultimate purpose in this book is to help readers think more clearly about free will. He identifies and makes vivid the most important conceptual obstacles to justified belief in the existence of free will and meets them head on. Mele clarifies the central issues in the philosophical debate about free will and moral responsibility, criticizes various influential contemporary theories about free will, and develops two overlapping conceptions of free will--one for readers who are convinced that free will is incompatible (...) with determinism (incompatibilists), and the other for readers who are convinced of the opposite (compatibilists). Luck poses problems for all believers in free will, and Mele offers novel solutions to those problems--one for incompatibilist believers in free will and the other for compatibilists. An early chapter of this empirically well-informed book clearly explains influential neuroscientific studies of free will and debunks some extravagant interpretations of the data. Other featured topics include abilities and alternative possibilities, control and decision-making, the bearing of manipulation on free will, and the development of human infants into free agents. Mele's theory offers an original perspective on an important problem and will garner the attention of anyone interested in the debate on free will. (shrink)

One popular style of argument for the thesis that determinism is incompatible with moral responsibility features manipulation. Its thrust is that regarding moral responsibility, there is no important difference between various cases of manipulation in which agents who A are not morally responsible for A-ing and ordinary cases of A-ing in deterministic worlds. There is a detailed argument of this kind in Derk Pereboom’s recent book (2001: 112–26). His strategy in what he calls his ‘four-case argument’ (117) is to describe (...) three cases of progressively weaker manipulation in which, he contends, the agent, Plum, is not morally responsible for killing his victim and to compare them to a related deterministic case that involves no manipulation. Pereboom argues that what blocks Plum’s moral responsibility for the killing in the first three cases is the fact that ‘his action results from a deterministic causal process that traces back to factors beyond his control’ and that, because this fact also obtains in the fourth case, Plum is not morally responsible for that killing either (116). My thesis is that Pereboom’s argument fails. (shrink)

In this paper I critically assess Derk Pereboom’s book, Free Will, Agency, and Meaning in Life. In it, I resist Pereboom’s manipulation argument for incompatibilism and his indictment of desert-based accounts of moral responsibility.

Pereboom’s Four-Case Argument was once considered to be the most powerful of the manipulation arguments against compatibilism. However, because of Demetriou’s :595–617, 2010) response, Pereboom has significantly weakened his argument. Manipulation arguments in general have also been challenged by King : 65–83, 2013). In this paper, I argue that the Four-Case Argument resists both these challenges. One upshot is that Pereboom doesn’t need weaken his argument. Another is that compatibilists still need a response the Four-Case Argument. And another is that (...) we get a much better understanding of the Four-Case Argument, and of manipulation arguments more generally, than is currently available in the literature. (shrink)

It is sometimes objected that we cannot adopt skepticism about moral responsibility, because the criminal justice system plays an indispensable social function. In this paper, I examine the implications of moral responsibility skepticism for the punishment of those convicted of crime, with special attention to recent arguments by Saul Smilansky. Smilansky claims that the skeptic is committed to fully compensating the incarcerated for their detention, and that this compensation would both be too costly to be practical and would remove the (...) deterrent function from incarceration. I argue that the skeptic is not committed to full compensation of the offender, and that the costs of such compensation would in any case be far smaller than Smilansky thinks. In fact, I claim, the costs of the criminal justice system to which the skeptic is committed might be very much lower than the costs – economic, social and moral – we currently pay as a consequence of our system of punishment. (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)

This paper first distinguishes three alternative views that adherents to both incompatibilism and PAP may take as to what constitutes an agent''s determining or controlling her action (if it''s not the action''s being deterministically caused by antecedent events): the indeterministic-causation view, the agent-causation view, and "simple indeterminism." The bulk of the paper focusses on the dispute between simple indeterminism - the view that the occurrence of a simple mental event is determined by its subject if it possesses the "actish" phenomenal (...) quality and is undetermined by antecedent events - and Timothy O''Connor''s agent-causation view. It defends simple indeterminism against O''Connor''s objections to it and offers objections to O''Connor''s view. (shrink)

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.

There is, no doubt, a temptation to treat preventions, such as ‘the father’s grabbing the child prevented the accident’, and cases of ‘causation’ by omission, such as ‘the father’s inattention was the cause of the child’s accident’, as cases of genuine causation. I think they are not, and in this paper I defend a theory of what they are. More specifically, the counterfactual theory defended here is that a claim about prevention or ‘causation’ by omission should be understood not as (...) being directly about actual genuine causation but primarily as a counterfactual claim about genuine causation.1 The relation between actual causation and the mere possibility of causation allows my theory to explain both the difference and the similarity between the two notions (causation and prevention/omission). Further, the difference explains certain intuitions we have and the similarity justifies and explains the fact that for practical purposes we usually treat preventions and omissions as if they were genuine causation. Finally, the fact that this counterfactual theory of prevention and omission takes causation as primitive suggests that it is consistent with any theory of causation. This allows us to construct two arguments against what I will call genuinism, the view that cases of prevention and ‘causation’ by omission really are cases of genuine causation. In section II I show that genuinism does not account for the so-called intuition of difference. In section III I outline a number of problems that various theories of causation have with preventions and ‘causation’ by omission. These problems are ipso facto problems for genuinism, whereas I show in section V how the counterfactual theory solves those problems. Further, I answer a genuinist argument based on another type of intuition—the genuinist intuition—by showing why we have that intuition and how it should be handled (section VI). (shrink)

Carolina Sartorio argues that only the actual causes of our behaviour matter to our freedom. The key, she claims, lies in a correct understanding of the role played by causation in a view of that kind. Causation has some important features that make it a responsibility-grounding relation, and this contributes to the success of the view. Also, when agents act freely, the actual causes are richer than they appear to be at first sight; in particular, they reflect the agents' sensitivity (...) to reasons, where this includes both the existence of actual reasons and the absence of other reasons. So acting freely requires more causes and quite complex causes, as opposed to fewer causes and simpler causes, and is compatible with those causes being deterministic. The book connects two different debates, the one on causation and the one on the problem of free will, in new and illuminating ways. (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.

Helen Steward argues that determinism is incompatible with agency itself--not only the special human variety of agency, but also powers which can be accorded to animal agents. She offers a distinctive, non-dualistic version of libertarianism, rooted in a conception of what biological forms of organisation might make possible in the way of freedom.

In this book, Derk Pereboom explores how physicalism might best be formulated and defended against the best anti-physicalist arguments. Two responses to the knowledge and conceivability arguments are set out and developed. The first exploits the open possibility that introspective representations fail to represent mental properties as they are in themselves; specifically, that introspection represents phenomenal properties as having certain characteristic qualitative natures, which these properties might actually lack. The second response draws on the proposal that currently unknown fundamental intrinsic (...) properties provide categorical bases for known physical properties and would also yield an account of consciousness. While there are non-physicalist versions of this position, some are amenable to physicalism. The book's third theme is a defense of a nonreductive account of physicalism. The type of nonreductivism endorsed departs from others in that it rejects all token identity claims for psychological and microphysical entities. The deepest relation between the mental and the microphysical is constitution, where this relation is not to be explicated by the notion of identity. (shrink)

This book argues two main things: The first is that there is no such thing as free will—at least not in the sense most ordinary folk take to be central or fundamental; the second is that the strong and pervasive belief in free will can be accounted for through a careful analysis of our phenomenology and a proper theoretical understanding of consciousness.

In this largely antimetaphysical treatment of free will and determinism, Mark Balaguer argues that the philosophical problem of free will boils down to an open scientific question about the causal histories of certain kinds of neural events. In the course of his argument, Balaguer provides a naturalistic defense of the libertarian view of free will. The metaphysical component of the problem of free will, Balaguer argues, essentially boils down to the question of whether humans possess libertarian free will. Furthermore, he (...) argues that, contrary to the traditional wisdom, the libertarian question reduces to a question about indeterminacy--in particular, to a straightforward empirical question about whether certain neural events in our heads are causally undetermined in a certain specific way; in other words, Balaguer argues that the right kind of indeterminacy would bring with it all of the other requirements for libertarian free will. Finally, he argues that because there is no good evidence as to whether or not the relevant neural events are undetermined in the way that's required, the question of whether human beings possess libertarian free will is a wide-open empirical question. (shrink)