This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

Self-disorders in depression and schizophrenia have been the focus of much recent work in phenomenological psychopathology. But little has been said about the role the material environment plays in shaping the affective character of these disorders. In this paper, we argue that enjoying reliable (i.e., trustworthy) access to the things and spaces around us — the constituents of our material environment — is crucial for our ability to stabilize and regulate our affective life on a day-today basis. These things and (...) spaces often play an ineliminable role in shaping what we feel and how we feel it; when we interact with them, they contribute ongoing feedback that " scaffolds " the character and temporal development of our affective experiences. However, in some psychopathological conditions, the ability to access to these things and spaces becomes disturbed. Individuals not only lose certain forms of access to the practical significance of the built environment but also to its ​ regulative​ significance, too — and the stability and organization of their affective life is compromised. In developing this view, we discuss core concepts like " affordance spaces " , " scaffolding " , and " incorporation ". We apply these concepts to two case studies, severe depression and schizophrenia, and we show why these cases support our main claim. We conclude by briefly considering implications of this view for developing intervention and treatment strategies. (shrink)

In recent decades, with advances in the behavioral, cognitive, and neurosciences, the idea that patterns of human behavior may ultimately be due to factors beyond our conscious control has increasingly gained traction and renewed interest in the age-old problem of free will. To properly assess what, if anything, these empirical advances can tell us about free will and moral responsibility, we first need to get clear on the following questions: Is consciousness necessary for free will? If so, what role or (...) function must it play? Are agents morally responsible for actions and behaviors that are carried out automatically or without conscious control or guidance? Are they morally responsible for actions, judgments, and attitudes that are the result of implicit biases or situational features of their surroundings of which they are unaware? What about the actions of somnambulists or cases of extreme sleepwalking where consciousness is largely absent? Clarifying the relationship between consciousness and free will is imperative if we want to evaluate the various arguments for and against free will. For example, do compatibilist reasons- responsive and deep self accounts require consciousness? If so, are they threatened by recent developments in the behavior, cognitive, and neurosciences? What about libertarian accounts of free will? What powers, if any, do they impart to consciousness and are they consistent with our best scientific theories about the world? In this survey piece, I will outline and assess several distinct views on the relationship between consciousness and free will. (shrink)

Perhaps no one has written more extensively, more deeply, and more insightfully about determinism and freedom than Ted Honderich. His influence and legacy with regard to the problem of free will—or the determinism problem, as he prefers to frame it—looms large. In these comments I would like to focus on three main aspects of Honderich ’s work: his defense of determinism and its consequences for origination and moral responsibility; his concern that the truth of determinism threatens and restricts, but does (...) not eliminate, our life-hopes; and his attack on the traditional justifications for punishment. In many ways, I see my own defense of free will skepticism as the natural successor to Honderich ’s work. There are, however, some small differences between us. My goal in this paper is to clarify our areas of agreement and disagreement and to acknowledge my enormous debt to Ted. If I can also move him toward my own more optimistic brand of free will skepticism that would be great too. (shrink)

In this paper we adopt Sterelny's framework of the scaffolded mind, and his related dimensional approach, to highlight the many ways in which human affectivity is environmentally supported. After discussing the relationship between the scaffolded-mind view and related frameworks, such as the extended-mind view, we illustrate the many ways in which our affective states are environmentally supported by items of material culture, other people, and their interplay. To do so, we draw on empirical evidence from various disciplines, and develop phenomenological (...) considerations to distinguish different ways in which we experience the world affectively. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

For many years emotion theory has been characterized by a dichotomy between the head and the body. In the golden years of cognitivism, during the nineteen-sixties and seventies, emotion theory focused on the cognitive antecedents of emotion, the so-called “appraisal processes.” Bodily events were seen largely as byproducts of cognition, and as too unspecific to contribute to the variety of emotion experience. Cognition was conceptualized as an abstract, intellectual, “heady” process separate from bodily events. Although current emotion theory has moved (...) beyond this disembodied stance by conceiving of emotions as involving both cognitive processes (perception, attention, and evaluation) and bodily events (arousal, behavior, and facial expressions), the legacy of cognitivism persists in the tendency to treat cognitive and bodily events as separate constituents of emotion. Thus the cognitive aspects of emotion are supposedly distinct and separate from the bodily ones. This separation indicates that cognitivism’s disembodied conception of cognition continues to shape the way emotion theorists conceptualize emotion. (shrink)

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)

Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...) and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

In the article I discuss the philosophical premises of Kleist's literary work, focussing on the relationship between his conception of moral conscience and Kant's ethics.

The theory of autopoiesis is central to the enactive approach. Recent works emphasize that the theory of autopoiesis is a theory of sense-making in living systems, i.e. of how living systems produce and consume meaning. In this chapter I first illustrate (some aspects of) these recent works, and interpret their notion of sense-making as a bodily cognitive- emotional form of understanding. Then I turn to modern emotion science, and I illustrate its tendency to over-intellectualize our capacity to evaluate and understand. (...) I show that this overintellectualization goes hand in hand with the rejection of the idea that the body is a vehicle of meaning. I explain why I think that this over-intellectualization is problematic, and try to reconceptualize the notion of evaluation in emotion theory in a way that is consistent and continuous with the autopoietic notion of sense-making. (shrink)

In this paper I argue that it is misleading to regard the brain as the physical basis or “core machinery” of moods. First, empirical evidence shows that brain activity not only influences, but is in turn influenced by, physical activity taking place in other parts of the organism. It is therefore not clear why the core machinery of moods ought to be restricted to the brain. I propose, instead, that moods should be conceived as embodied, i.e., their physical basis should (...) be enlarged so as to comprise not just brain but also bodily processes. Second, I emphasise that moods are also situated in the world. By this I do not simply mean that moods are influenced by the world, but that they are complexly interrelated with it, in at least three different ways: they are shaped by cultural values and norms; they are materially and intersubjectively “scaffolded”; and they can even “experientially incorporate” parts of the world, i.e., include the experience of parts of the world as part of oneself. (shrink)

1 More than two centuries later, the aesthetic reflection of Idealism does not seem to have lost interest in philosophical debate at all. It is a multifaceted interest, which has partly historical-conceptual reasons, since it was post-Kantian philosophy that first posed the problem of defining art in systematic and cognitive terms, and partly more genuinely theoretical ones, for instance the contemporary declinations of a typically Idealistic theme such as the socio-historical determination o...

This paper reconsiders the Idealistic aesthetics of tragedy from an unconventional point of view. It investigates the relationship between theory and dramatic canon by focusing on those works and authors that are excluded from the canon by the theoretical discourse. My aim is to show that Idealist philosophers and Romantic critics concur in constructing a unitary model of the tragic conflict that is partly defined through its contraposition to the ‘Senecan’ conception of tragedy as a representation of suffering and as (...) a dialectic of passions. Seneca here stands for an entire line of European dramaturgy, which involves Shakespeare and culminates in French Classicism. This contrast does not merely concern a literary model, but also, more generally, the conception of subjectivity underlying the dramaturgy of passions. This paper thus helps to shed light on the controversial relationship between the idealistic philosophy of the tragic with modern tragedy at large. -/- Keywords: Theory of Tragedy, Idealism, Seneca, Hegel, Pathos . (shrink)

Literature plays a relevant role in Hegel’s philosophical discourse. On the one hand, literary references are often interwoven with his speculative argumentation, on the other hand, the Aesthetics regards poetry as the highest form of artistic expression, for it is able to represent the different ways of human action and to bring up their hidden ideal presuppositions. The aim of this paper is to show how the concept of action is crucial to the interpretation of literary phenomena in the Aesthetics, (...) but assumes different configurations in relation to the historical transformation of the concept of subjectivity. To verify the specifically aesthetic import of concepts such as action and recognition, which originally belong to the ethical-political sphere, I will examine Hegel’s interpretation of the chivalric literature, which is present in various areas and with different functions in the structure of the Aesthetics, as a component of his theory of subjectivity. This topic has been little studied but offers an interesting perspective on some problematic points of Hegel’s theory: the controversial relation between the structural dimension of the concept of art and historical development of artistic forms, the apparently univocal paradigm of classic beauty, and the definition of artistic modernity. (shrink)

We call affective brainocentrism the tendency to privilege the brain over other parts of the organism when defining or explaining emotions. We distinguish two versions of this tendency. According to brain-sufficient, emotional states are entirely realized by brain processes. According to brain-master, emotional states are realized by both brain and bodily processes, but the latter are entirely driven by the brain: the brain is the master regulator of bodily processes. We argue that both these claims are problematic, and we draw (...) on physiological accounts of stress to make our main case. These accounts illustrate the existence of complex interactions between the brain and endocrine systems, the immune system, the enteric nervous system, and even gut microbiota. We argue that, because of these complex brain–body interactions, the brain cannot be isolated and identified as the basis of stress. We also mention recent evidence suggesting that complex brain–body interactions characterize the physiology of depression and anxiety. Finally, we call for an alternative dynamical, systemic, and embodied approach to the study of the physiology of emotions that does not privilege the brain, but rather aims at understanding how mutually regulating brain and bodily processes jointly realize a variety of emotional states. (shrink)

Debate on free will with Christian List, Gregg Caruso, and Cory Clark. The exchange is focused on Christian List's book Why Free Will Is Real.

Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, an alternative (...) reaction is that free will does exist, we just have some deeply mistaken beliefs about it. According to Nichols, all such debates boil down to whether or not the erroneous folk term in question successfully refers or not. Since Nichols adopts the view that reference is systematically ambiguous, he maintains that in some contexts it’s appropriate to take a restrictivist view about whether a term embedded in a false theory refers, while in other contexts it’s appropriate to take a liberal view about whether a token of the very same term refers. This, according to Nichols, affords the possibility of saying that the sentence “free will exists” is false in some contexts and true in others. In this paper I argue that even if we grant Nichols his pluralistic approach to reference, there is still good reason to prefer eliminativism to preservationism with regard to free will. My argument focuses on one important difference between the concept of “free will” and other theoretical terms embedded in false theories—i.e., the role that the phenomenology of free agency plays in reference fixing. (shrink)

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 (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, 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 (2001, 2013, 2014), 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 (Caruso 2016, 2017a)—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 since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

In recent decades, there has been growing interest among philosophers in what the various Buddhist traditions have said, can say, and should say, in response to the traditional problem of free will. This article investigates the relationship between Buddhist philosophy and the historical problem of free will. It begins by critically examining Rick Repetti's Buddhism, Meditation, and Free Will (2019), in which he argues for a conception of “agentless agency” and defends a view he calls “Buddhist soft compatibilism.” It then (...) turns to a more wide‐ranging discussion of Buddhism and free will—one that foregrounds Buddhist ethics and takes seriously what the various Buddhist traditions have said about desert, punishment, and the reactive attitudes of resentment, indignation, and moral anger. The article aims to show that, not only is Buddhism best conceived as endorsing a kind of free will skepticism, Buddhist ethics can provide a helpful guide to living without basic desert moral responsibility and free will. (shrink)

According to Discrete Emotion Theory, a number of emotions are distinguishable on the basis of neural, physiological, behavioral and expressive features. Critics of this view emphasize the variability and context-sensitivity of emotions. This paper discusses some of these criticisms, and argues that they do not undermine the claim that emotions are discrete. This paper also presents some works in dynamical affective science, and argues that to conceive of discrete emotions as self-organizing and softly assembled patterns of various processes accounts more (...) naturally than traditional Discrete Emotion Theory for the variability and context-sensitivity of emotions. (shrink)

What would be the consequence of embracing skepticism about free will and/or desert-based moral responsibility? What if we came to disbelieve in moral responsibility? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some maintain? Or perhaps increase anti-social behavior as some recent studies have suggested (Vohs and Schooler 2008; Baumeister, Masicampo, and DeWall 2009)? Or would it rather (...) have a humanizing effect on our practices and policies, freeing us from the negative effects of what Bruce Waller calls the “moral responsibility system” (2014, p. 4)? These questions are of profound pragmatic importance and should be of interest independent of the metaphysical debate over free will. As public proclamations of skepticism continue to rise, and as the mass media continues to run headlines announcing free will and moral responsibility are illusions, we need to ask what effects this will have on the general public and what the responsibility is of professionals. (shrink)

That there is a connection between Romanticism and the sublime seems obvious, and it is indeed evident in the poetic, artistic, and musical production of European Romanticism as a whole. The sublime, as tension toward infinity, as elevation of the soul, and as experience of the absolute in nature, constitutes undoubtedly one of the characterizing features of the poetics of Romanticism. Much less known, however, is the theoretical reflection on the concept of the sublime, and in fact scholarship on the (...) modern sublime tends to neglect its theoretical development after Kant and Schiller, moving directly to Nietzsche and the postmodern. The theoretical definition of the sublime, on the contrary, plays a far from secondary role in the aesthetic of German idealism, where it was not conceptualized in opposition to the beautiful, but rather as one of its constitutive moments. While no longer approached in relation to the aesthetic experience of nature, the sublime has been included in art theory, ostensibly losing its theoretical centrality, but in reality contributing to modify radically the characteristics of the idea of the beautiful. That of philosophers is a form of crypto-sublime that is parallel but distinct from the sublime of poets and artists, and that operates underground to influence the definition of the forms of beauty. The present volume aims to outline the development of the philosophical conception of the sublime from Schiller, who formulated a theory of tragedy based on Kant’s philosophy and thereby laid the foundation of Romanticism, to the philosophers of the Hegelian school, who placed the sublime, together with the comic, the ugly, and the grotesque, at the center of aesthetic reflection. (shrink)

Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...) 2015), and myself (Caruso 2012, 2013, forthcoming). Critics, however, often complain that adopting such views would have dire consequences for ourselves, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in free will and basic desert moral responsibility would leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and undermine meaning in life. -/- In response, free will skeptics argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe (see, e.g., Pereboom 2001, 2014; Waller 2011, 2015; Caruso 2016, forthcoming). According to optimistic skeptics, prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. And although retributivism and severe punishment, such as the death penalty, would be ruled out, incapacitation and rehabilitation programs would still be justified (see Pereboom 2001, 2013, 2014; Levy 2012; Caruso 2016; Pereboom and Caruso, forthcoming). In this paper, I attempt to extend this general optimism about the practical implications of free will skepticism to the question of creativity. -/- In Section I, I spell out the question of creativity and explain why it’s relevant to the problem of free will. In Section II, I identify three different conceptions of creativity and explain the practical concerns critics have with free will skepticism. In Section III, I distinguish between three different conceptions of moral responsibility and argue that at least two of them are consistent with free will skepticism. I further contend that forward-looking accounts of moral responsibility, which are perfectly consistent with free will skepticism, can justify calling agents to account for immoral behavior as well as providing encouragement for creative activities since these are important for moral and creative formation and development. I conclude in Section IV by arguing that relinquishing belief in free will and basic desert would not mean the death of creativity or our sense of achievement since important and realistic conceptions of both remain in place. (shrink)

There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects (...) brain development, how offenders often have pre-existing medical conditions (especially mental health issues), how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, how treatment and rehabilitation methods can best be employed to reduce recidivism and reintegrate offenders back into society, and how a public health approach could be successfully applied within the criminal justice system. Caruso's approach draws on research from the health sciences, social sciences, public policy, law, psychiatry, medical ethics, neuroscience, and philosophy, and he delivers a set of ethically defensible and practically workable proposals for implementing the public health-quarantine model. The essay begins by discussing recent empirical findings in psychology, neuroscience, and the social sciences that provide us with an increased understanding of the social and neurological determinants of health and criminal behavior. It then turns to Caruso's public health-quarantine model and argues that the model provides the most justified, humane, and effective approach for addressing criminal behavior. Caruso concludes by proposing a capability approach to social justice grounded in six key features of human well-being. He argues that we cannot successfully address concerns over public health and safety without simultaneously addressing issues of social justice—including the social determinants of health (SDH) and the social determinants of criminal behavior (SDCB)—and he recommends eight general policy proposals consistent with his model. (shrink)

Future-bias is the preference, all else being equal, for positive states of affairs to be located in the future not the past, and for negative states of affairs to be located in the past not the future. Three explanations for future-bias have been posited: the temporal metaphysics explanation, the practical irrelevance explanation, and the three mechanisms explanation. Understanding what explains future-bias is important not only for better understanding the phenomenon itself, but also because many philosophers think that which explanation is (...) the correct one has implications for our evaluation of the normative status of future-bias. In this paper we focus on the connection between future-bias and the temporal value asymmetry. The latter refers to the fact that people tend to assign more value to a state of affairs when it is located in the future, as opposed to being equidistant in the past. All three candidate explanations offered for future-bias proceed by explaining the temporal value asymmetry, and then supposing that future-bias is simply a manifestation of that asymmetry. Recently, however, it has been argued that the conditions under which people display the temporal value asymmetry and future-bias are different, and that this is reason to doubt that the latter is a manifestation of the former. In this paper we empirically test one response to this argument against the manifestation thesis—the simulation response—according to which once we control for the degree to which people can simulate the object of their preference, we find that people display future-bias and the temporal value asymmetry in the same conditions. We find no evidence in favour of the simulation response. Moreover, our results support some previous research that suggests that the temporal value asymmetry is less robust than previously thought, and this in itself casts doubt on the idea that future bias is just a manifestation of this asymmetry. (shrink)

In the paper, I defend the skeptical view that no one is ever morally responsible in the basic desert sense since luck universally undermines responsibility-level control. I begin in Section 1 by defining a number of different varieties of luck and examining their relevance to moral responsibility. I then turn, in Section 2, to outlining and defending what I consider to be the best argument for the skeptical view--the luck pincer (Levy 2011). I conclude in Section 3 by addressing Robert (...) Hartman's (2017) numerous objections to the luck pincer. I argue that the luck pincer emerges unscathed and the pervasiveness of luck (still) undermines moral responsibility. (shrink)

In this paper I suggest that several problems in the study of emotion depend on a lack of adequate analytical tools, in particular on the tendency of viewing the organism as a modular and hierarchical system whose activity is mainly constituted by strictly sequential causal events. I argue that theories and models based on this view are inadequate to account for the complex reciprocal influences of the many ingredients that constitute emotions. Cognitive processes, feelings and bodily states are so subtly (...) intertwined that it is not possible to determine which one "comes first" in a causal chain. The dynamical systems approach in cognitive science, I suggest, provides a more appropriate framework for the study of emotion. In particular, the notion of circular causation and collective action help depict the organism as a self-organising system in which emotion emerges as a function of its global activity. Among others, this dynamical perspective allows revising the popular notion of appraisal in a way that can dissolve some of the questions that have taunted emotion theorists thus far. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Existentialism is a concern about the foundation of meaning, morals, and purpose. Existentialisms arise when some foundation for these elements of being is under assault. In the past, first-wave existentialism concerned the increasingly apparent inability of religion, and religious tradition, to provide such a foundation, as typified in the writings of Kierkegaard, Dostoevsky, and Nietzsche. Second-wave existentialism, personified philosophically by Sartre, Camus, and de Beauvoir, developed in response to the inability of an overly optimistic Enlightenment vision of reason and the (...) common good to provide such a foundation. There is a third-wave existentialism, a new existentialism, developing in response to advances in the neurosciences that threaten the last vestiges of an immaterial soul or self. With the increasing explanatory and therapeutic power of neuroscience, the mind no longer stands apart from the world to serve as a foundation of meaning. This produces foundational anxiety. This collection of new essays explores the anxiety caused by this third-wave existentialism and some responses to it. It brings together some of the world’s leading philosophers, neuroscientists, cognitive scientists, and legal scholars to tackle our neuroexistentialist predicament and explore what the mind sciences can tell us about morality, love, emotion, autonomy, consciousness, selfhood, free will, moral responsibility, law, the nature of criminal punishment, meaning in life, and purpose. (shrink)

One of the main libertarian arguments in support of free will is the argument from introspection. This argument places a great deal of faith in our conscious feeling of freedom and our introspective abilities. People often infer their own freedom from their introspective phenomenology of freedom. It is here argued that from the fact that I feel myself free, it does not necessarily follow that I am free. I maintain that it is our mistaken belief in the transparency and infallibility (...) of consciousness that gives the introspective argument whatever power it possesses. Once we see that consciousness is neither transparent nor infallible, the argument from introspection loses all of its force. I argue that since we do not have direct, infallible access to our own minds, to rely on introspection to infer our own freedom would be a mistake. (shrink)

This Element examines the concept of moral responsibility as it is used in contemporary philosophical debates and explores the justifiability of the moral practices associated with it, including moral praise/blame, retributive punishment, and the reactive attitudes of resentment and indignation. After identifying and discussing several different varieties of responsibility-including causal responsibility, take-charge responsibility, role responsibility, liability responsibility, and the kinds of responsibility associated with attributability, answerability, and accountability-it distinguishes between basic and non-basic desert conceptions of moral responsibility and considers a (...) number of skeptical arguments against each. It then outlines an alternative forward-looking account of moral responsibility grounded in non-desert-invoking desiderata such as protection, reconciliation, and moral formation. It concludes by addressing concerns about the practical implications of skepticism about desert-based moral responsibility and explains how optimistic skeptics can preserve most of what we care about when it comes to our interpersonal relationships, morality, and meaning in life. (shrink)

In this article it is shown that a careful analysis of Kant 's Gedanken von der wahren Schätzung der lebendigen Kräfte und Beurtheilung der Beweise leads to a conclusion that does not match the usually accepted interpretation of Kant 's reasoning in 1747, according to which the young Kant supposedly establishes a relationship between the tridimensionality of space and Newton's law of gravitation. Indeed, it is argued that this text does not yield a satisfactory explanation of space dimensionality, and actually (...) restricts itself to justifying the tridimensionality of extension. (shrink)

This paper aims to defend deliberation-compatibilism against several objections, including a recent counterexample by Yishai Cohen that involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It begins by offering a Moorean-style proof of deliberation-compatibilism. It then turns to the leading argument for deliberation-incompatibilism, which is based on the presumed incompatibility of causal determinism and the ‘openness’ required for rational deliberation. The paper explains why this argument fails and develops a coherent account (...) of how one can rationally deliberate and believe in causal determinism without inconsistency. The second half of the paper then takes up Cohen's proposed counterexample and his Four-Case Deliberation Argument against deliberation-compatibilism, which is meant to mirror Derk Pereboom's famous Four-Case Manipulation Argument. In response, the author defends a hard-line reply to FCDA but also argues that the notion of ‘sourcehood’ relevant to rational deliberation differs from that involved in free will. (shrink)

Michael Devitt’s views on realism and naturalism have a lot in common with those of W.V. Quine. Both appear to be realists; both accept naturalized epistemology and abandon the old goal of first philosophy; both view philosophy as continuous with the empirical procedures of science and hence view metaphysics as similarly empirical; and both seem to view realism as following from naturalism. Although Quine and Devitt share quite a bit ideologically, I think there is a deeper, more fundamental dissimilarity between (...) the two. I will explore the difference between them in an attempt to bring out the subtle complexities surrounding the issue of realism--complexities, I will argue, Devitt sometimes overlooks. I will also explore a real tension in Quine between his earlier, more pragmatic (or anti-realist) tendencies and his later, more austere realism. I will conclude by defending a more Quinean brand of realism I call internal realism. (shrink)

Introduzione Lo studio delle emozioni è stato caratterizzato per molti anni da una netta separazione fra mente e corpo. Negli anni Sessanta e Settanta – l’epoca aurea del cognitivismo – le teorie delle emozioni si occupavano soprattutto degli antecedenti cognitivi dell’emozione, le cosiddette “valutazioni”. I processi corporei erano visti essenzialmente come sottoprodotti della cognizione, e come troppo poco specifici per poter contribuire alla varietà dell’esperienza emotiva. La cognizione e...

_ Source: _Volume 63, Issue 3, pp 229 - 256 I argue that, for Aristotle, akratic actions are against one’s general commitment to act in accordance with one’s correct conception of one’s ends overall. Only some akratic actions are also against one’s correct decision to perform a particular action. This thesis explains Aristotle’s views on impetuous _akrasia_, weak _akrasia_, stubborn opinionated action and inverse _akrasia_. In addition, it sheds light on Aristotle’s account of practical rationality. Rational actions are coherent primarily (...) with one’s commitments to one’s conception of the good and only secondarily with one’s decisions to perform a particular action. (shrink)