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)

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)

If bioethical questions cannot be resolved in a widely acceptable manner by rational argument, and if they can be regulated only on the basis of political decision-making, then bioethics belongs to the political sphere. The particular kind of politics practiced in any given society matters greatly: it will determine the kind of bioethical regulation, legislation, and public policy generated there. I propose approaching bioethical questions politically in terms of decisions that cannot be “correct” but that can be “procedurally legitimate.” Two (...) procedures in particular can deliver legitimate bioethical decisions, once combined: expert bioethics committees and deliberative democracy. Bioethics so understood can exceed bioethics as a moral project or as a set of administrative principles to regulate medical practice; it can now aspire to a democratic project that involves ordinary citizens as far as reasonably possible. I advance this argument in four steps: (1) using the example of human germline gene editing, (2) I propose a general understanding of proceduralism, and (3) then combine two types and (4) conclude with a defense of majoritarian proceduralism. I develop this argument in terms of one example: germline gene editing. (shrink)

It is widely agreed that perceptual experience is a form of intentionality, i.e., that it has representational content. Many philosophers take this to mean that like belief, experience has propositional content, that it can be true or false. I accept that perceptual experience has intentionality; but I dispute the claim that it has propositional content. This claim does not follow from the fact that experience is intentional, nor does it follow from the fact that experiences are accurate or inaccurate. I (...) end by considering the relationship between this question and the question of whether experience has non-conceptual content. (shrink)

P.F. Strawson argued that ‘mature sensible experience (in general) presents itself as … an immediate consciousness of the existence of things outside us’ (1979: 97). He began his defence of this very natural idea by asking how someone might typically give a description of their current visual experience, and offered this example of such a description: ‘I see the red light of the setting sun filtering through the black and thickly clustered branches of the elms; I see the dappled deer (...) grazing in groups on the vivid green grass…’ (1979: 97). In other words, in describing experience, we tend to describe the objects of experience – the things which we experience – and the ways they are when we are experiencing them. Some go further. According to Heidegger. (shrink)

The Meaning Circuit Hypothesis (MCH) is a synthesis of ideas providing John Wheeler’s outline of ultimate physics, which he fine-tuned over several decades from the 1970s onward. It is a ‘working hypothesis’ in which ‘existence is a ‘meaning circuit”’ that portrays the world as a “system self-synthesized by quantum networking.” It was strongly advocated by him for roughly two decades and since then has had an increasingly strong impact on the approach of many investigators of quantum theory; in particular, elements (...) such as the quantum participator and ‘it from bit’ are now considered by others as candidate components of a foundation for quantum theory in which information is involved essentially. Therefore, it is worthy of review and critique. (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.

Brentano’s account of what he called intentionale Inexistenz — what we now call intentionality — is without question one of the most important parts of his philosophy, and one of the most influential ideas in late 19th-century philosophy. Here I will explain how this idea figures in Brentano’s central text, Psychology from an Empirical Standpoint (Brentano 1995a). I will then briefly explain how Brentano’s ideas about intentionality evolved after the first publication of this work in 1874, and how they were (...) then misinterpreted by some influential analytic philosophers. (shrink)

In The Mind and the World Order, C.I. Lewis made a famous distinction between the immediate data ‘which are presented or given to the mind’ and the ‘construction or interpretation’ which the mind brings to those data (1929: 52). What the mind receives is the datum – literally, the given – and the interpretation is what happens when we being it ‘under some category or other, select from it, emphasise aspects of it, and relate it in particular and unavoidable ways’ (...) (1929: 52). So although any attempt to describe the given will inevitably be an interpretation of it, this should not give us reason to deny its existence: ‘no-one but a philosopher could for a moment deny this immediate presence in consciousness of that which no activity of thought can create or alter’ (1929: 53). Whatever those outside philosophy might think, Lewis was certainly right about what philosophers were prepared to deny. His conception of the ‘given’ is without question one of the targets of Wilfrid Sellars’s influential critique of the notion of the ‘whole framework of givenness’ (1957).1 One of the things Sellars was attacking was the idea that something that was merely given by the senses could put one in a position to be justified in making a judgement about the empirical world. The.. (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)

This article begins the task of assessing polygamy as a moral ideal. The structure of traditional polygamy, in which only one central spouse may marry multiple partners, necessarily yields two inequalities. The central spouse has greater rights and expectations within each marriage and greater control over the wider family. However, two alternative structures for polygamy can remove these inequalities. In polyfidelity, each spouse marries every other spouse in the family. In “molecular” polygamy, any spouses may marry a new spouse outside (...) the family. These new models of polygamy face additional difficulties, but they can be egalitarian in principle. (shrink)

We call our thoughts conscious, and we also say the same of our bodily sensations, perceptions and other sensory experiences. But thoughts and sensory experiences are very different phenomena, both from the point of view of their subject and in their functional or cognitive role. Does this mean, then, that there are very different kinds or varieties of consciousness? Philosophers do often talk about different kinds of consciousness: Christopher Hill, for example, claims that ‘it is customary to distinguish five forms (...) of consciousness’ (Hill 2009: 1). These are: agent consciousness, propositional consciousness, introspective consciousness, relational consciousness and phenomenal consciousness; to which Hill adds experiential consciousness, making six in total. (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)

Many philosophers are impressed by the progress achieved by physical sciences. This has had an especially deep effect on their ontological views: it has made many of them physicalists. Physicalists believe that everything is physical: more precisely, that all entities, properties, relations and facts are those which are studied by physics or other physical sciences...

The well-definedness of particles of any kind depends on the limits, approximations, or other conditions that may or may not be involved, for example, whether there are interactions and whether ostensibly related energy is localizable. In particular, their theoretical status differs between its non-relativistic and relativistic versions: One can properly define interacting elementary particles in single-system non-relativistic quantum mechanics, at least in the case of non-zero mass systems; by contrast, one is severely challenged to define even these properly in the (...) relativistic quantum field theories that now underlie the study of particle physics. Here, the impact of localizability on this status is reviewed in relation to the work of Paul Busch on positive operator valued measures that significantly probes the relevance of quantum unsharpness to it. (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)

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)

It is widely held that there is a problem of talking about or otherwise representing things that not exist. But what exactly is this problem? This paper presents a formulation of the problem in terms of the conflict between the fact that there are truths about non-existent things and the fact that truths must be answerable to reality, how things are. Given this, the problem of singular negative existential statements is no longer the central or most difficult aspect of the (...) problem of non-existence, despite what some philosophers say. (shrink)

This paper presents and defends an account of the coincidence of biological organisms with mereological sums of their material components. That is, an organism and the sum of its material components are distinct material objects existing in the same place at the same time. Instead of relying on historical or modal differences to show how such coincident entities are distinct, this paper argues that there is a class of physiological properties of biological organisms that their coincident mereological sums do not (...) have. The account answers some of the most pressing objections to coincidence, for example the so-called grounding problem , that material coincidence seems to require that coinciding objects have modal differences that do not supervene on any other properties. (shrink)

Would direct genetic modification of human embryos affect the welfare of future persons? Sparrow’s approach to answering this question fails a core goal of bioethics: to generate perspectives capab...

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)

The ontology of Local Quantum Physics, Rudolf Haag’s framework for relativistic quantum theory, is reviewed and discussed. It is one of spatiotemporally localized events and unlocalized causal intermediaries, including the elementary particles, which come progressively into existence in accordance with a fundamental arrow of time. Haag’s conception of quantum theory is distinguished from others in which events are also central, especially those of Niels Bohr and John Wheeler, with which it has been compared.

An important theme running through D.H. Mellor’s work is his realism, or as I shall call it, his objectivism: the idea that reality as such is how it is, regardless of the way we represent it, and that philosophical error often arises from confusing aspects of our subjective representation of the world with aspects of the world itself. Thus central to Mellor’s work on time has been the claim that the temporal A-series (previously called ‘tense’) is unreal while the B-series (...) (the series of ‘dates’) is real. The A-series is something which is a product of our representation of the world, but not a feature of reality itself. And in other, less central, areas of his work, this kind of theme has been repeated: ‘Objective decision making’ (1980) argues that the right way to understand decision theory is as a theory of what is the objectively correct decision, the one that will actually as a matter of fact achieve your intended goal, rather than the one that is justified purely in terms of what you believe, regardless of whether the belief is true or false. ‘I and now’ (1989) argues against a substantial subjective conception of the self, using analogies between subjective and objective ways of thinking about time and subjective and objective ways of thinking about the self. And in the paper which shall be the focus of my attention here, ‘Nothing like experience’ (1992), Mellor contests arguments which try and derive anti-physicalist conclusions from reflections on the subjective character of experience. A common injunction is detectable: when doing metaphysics, keep the subjective where it belongs: inside the subject’s representation of the world. (shrink)

Is the way we use propositions to individuate beliefs and other intentional states analogous to the way we use numbers to measure weights and other physical magnitudes? In an earlier paper [2], I argued that there is an important disanalogy. One and the same weight can be 'related to' different numbers under different units of measurement. Moreover, the choice of a unit of measurement is arbitrary,in the sense that which way we choose doesn't affect the weight attributed to the object. (...) But it makes little sense to say that one and the same belief can be related to different propositions: different proposition means different belief. So there is no analogous arbitrary choice. (shrink)

This paper presents a puzzle or antinomy about the role of properties in causation. In theories of properties, a distinction is often made between determinable properties, like red, and their determinates, like scarlet (see Armstrong 1978, volume II). Sometimes determinable properties are cited in causal explanations, as when we say that someone stopped at the traffic light because it was red. If we accept that properties can be among the relata of causation, then it can be argued that there are (...) good reasons for allowing that some of these are determinable properties. On the other hand, there are strong arguments in the metaphysics of properties to treat properties as sparse in David Lewis’s (1983) sense. But then it seems that we only need to believe in the most determinate properties: particular shades of colour, specific masses, lengths and so on. And if we also agree with Lewis that sparse properties are ‘the ones relevant to causal powers’ (1983: 13) it seems we must conclude that if properties are relevant to causation at all, then all of these are determinate properties. I call this ‘the antinomy of determinable causation’. On the one hand, we have a good argument for the claim that determinable properties can be causes, if any properties are. I call this the Thesis. But on the other hand, we have a good argument for the claim that only the most determinate properties can be causes, if any properties are. I call this the Antithesis. Clearly, we need to reject either the Thesis or the.. (shrink)

Many philosophers are impressed by the progress achieved by physical sciences. This has had an especially deep effect on their ontological views: it has made many of them physicalists. Physicalists believe that everything is physical: more precisely, that all entities, properties, relations, and facts are those which are studied by physics or other physical sciences. They may not all agree with the spirit of Rutherford's quoted remark that 'there is physics; and there is stamp-collecting',' but they all grant physical science (...) a unique ontological authority: the authority to tell us what there is. Physicalism is now almost orthodox in much philosophy, notably in much recent philosophy of mind. But although often invoked, it is rarely explicitly defined. It should be. The claim that everything is physical is not as clear as it seems. In this paper, we examine a number of proposed definitions of physicalism and reasons for being a physicalist. We will argue both that physicalism lacks a clear and credible definition, and that in no non-vacuous interpretation is it true. We are concerned here only with physicalism as a doctrine about the empirical world. In particular, it should not be confused with nominalism, the doctrine that there are no universals.2 Nominalism and physicalism are quite independent doctrines. Believers in universals may as consistently assert as deny that the only properties and relations are those studied by physical science. And nominalists may with equal consistency assert or deny that physical science could provide enough predicates to describe the world. That is the question which concerns physicalists, not whether physical predicates name real universals. (We will for brevity write as if they do, but we do not need that assumption.). (shrink)

Some have claimed that people with very different beliefs literally see the world differently. Thus Thomas Kuhn: ‘what a man sees depends both upon what he looks at and also upon what his previous visual—conceptual experience has taught him to see’ (Kuhn 1970, p. ll3). This view — call it ‘Perceptual Relativism’ — entails that a scientist and a child may look at a cathode ray tube and, in a sense, the first will see it while the second won’t. The (...) claim is not, of course, that the child’s experience is ‘empty’; but that, unlike the scientist, it does not see the tube as a cathode ray tube. One way of supporting this claim is to say that one cannot see something as an F unless one has the concept F. Since the child plainly lacks the concept of a cathode ray tube, it cannot see it as a cathode ray tube. Although Perceptual Relativism is hard to believe, this supporting suggestion is not so implausible. After all, when we see (and more generally, perceive) the world, the world is presented to us in a particular way; so how can we see it as being that way unless we have some idea or conception of the way it is presented? We need not be committed to a representative theory of perception to think that perceptions in some sense represent the world. We can express this by saying that perceptions have content. Now it is a commonplace that the contents of beliefs and the other propositional attitudes involve concepts. The belief that this thing is a cathode ray tube involves, in some sense, the concept cathode ray tube. So the line of thought behind Perceptual Relativism may be expressed thus: seeing an F as an F is a state with content. (shrink)

Précis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (2022).

Elements of Mind (EM) has two themes, one major and one minor. The major theme is intentionality, the mind’s direction upon its objects; the other is the mind–body problem. I treat these themes separately: chapters 1, and 3–5 are concerned with intentionality, while chapter 2 is about the mind–body problem. In this summary I will first describe my view of the mind–body problem, and then describe the book’s main theme. Like many philosophers, I see the mind–body problem as containing two (...) sub–problems: the problem of mental causation and the problem of consciousness. I see these problems forming the two horns of a dilemma. Just as the problem of mental causation pushes us towards physicalism, so the problem of consciousness pushes us away from it. Each problem reveals the inadequacy of the solution to the other. Essentially the problem of mental causation is the conflict between (i) the apparent fact that mental states and events have effects in the physical world and (ii) a general principle about the causal nature of the physical world, which is sometimes called the ‘causal closure’ or the ‘causal completeness’ of the physical world. This principle says that all physical effects have physical causes which are enough to bring them about. The problem then is simple: how can a mental cause have a physical effect if that effect also has a physical cause which is enough to bring it about? Barring massive overdetermination of our actions by independent causes, it seems that the best answer is to identify the mental and the physical causes. And this is traditionally how physicalists have argued for their identity theory of mind and body. However, many physicalists reject the identity theory, and therefore they have to solve the mental causation problem in some other way. At present, there is no consensus among physicalists on which of the currently proposed solutions is correct. In chapter 2 of EM I propose an alternative, which I call ‘emergentism’. Inspired by the rejection of the identity theory, Emergentism is the idea that mental properties are genu.. (shrink)

Derk Perebooms Free Will, Agency, and Meaning in Life (2014) provides the most lively and comprehensive defense of free will skepticism in the literature. It contains a reworked and expanded version of the view he first developed in Living without Free Will (2001). Important objections to the early book are answered, some slight modifications are introduced, and the overall account is significantly embellished—for example, Pereboom proposes a new account of rational deliberation consistent with the belief that one’s actions are causally (...) determined (ch.5) and develops a forward-looking theory of moral responsibility consistent with free will skepticism (ch.6). A significant contribution to the field, Free Will, Agency, and Meaning in Life is destined to become a classic and is essential reading for anyone interested in free will and moral responsibility. (shrink)

‘It is of the very nature of consciousness to be intentional’ said Jean-Paul Sartre, ‘and a consciousness that ceases to be a consciousness of something would ipso facto cease to exist’.1 Sartre here endorses the central doctrine of Husserl’s phenomenology, itself inspired by a famous idea of Brentano’s: that intentionality, the mind’s ‘direction upon its objects’, is what is distinctive of mental phenomena. Brentano’s originality does not lie in pointing out the existence of intentionality, or in inventing the terminology, which (...) derives from scholastic discussions of concepts or intentiones.2 Rather, his originality consists in his claim that the concept of intentionality marks out the subject matter of psychology: the mental. His view was that intentionality ‘is characteristic exclusively of mental phenomena. No physical phenomenon manifests anything like it’.3 This is Brentano’s thesis that intentionality is the mark of the mental. Despite the centrality of the concept of intentionality in contemporary philosophy of mind, and despite the customary homage paid to Brentano as the one who revived the terminology and placed the concept at the centre of philosophy, Brentano’s thesis is widely rejected by contemporary philosophers of mind. What is more, its rejection is not something which is thought to require substantial philosophical argument. Rather, the falsity of the thesis is taken as a starting-point in many contemporary discussions of intentionality, something so obvious that it only needs to be stated to be recognised as true. Consider, for instance, these remarks from the opening pages of Searle’s Intentionality: Some, not all, mental states and events have Intentionality. Beliefs, fears, hopes and desires are Intentional; but there are forms of nervousness, elation and undirected anxiety that are not Intentional.... My beliefs and desires must always be about something. But my nervousness and undirected anxiety need not in that way be about anything.4 Searle takes this as obvious, so obvious that it is not in need of further argument or elucidation. (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 The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...) acknowledge that the arguments in its favor are far from conclusive; and some of the least confident concerning the arguments for moral responsibility—such as Van Inwagen—are most confident of the truth of moral responsibility. Thus, argues Waller, whatever the verdict on the strength of philosophical arguments for moral responsibility, it is clear that belief in moral responsibility—whether among philosophers or the folk—is based on something other than philosophical reasons. -/- He goes on to argue that there are several sources for the strong belief in moral responsibility, but the following four are particularly influential: First, moral responsibility is based in a powerful “strike back” emotion that we share with other animals. Second, there is a deep-rooted “belief in a just world”—a belief that, according to Waller, most philosophers reject when they consciously consider it, but which has a deep nonconscious influence on what we regard as just treatment and which provides subtle (but mistaken) support for belief in moral responsibility. Third, there is a pervasive moral responsibility system—extending over criminal justice as well as “common sense”—that makes the truth of moral responsibility seem obvious, and makes challenges to moral responsibility seem incoherent. Finally, there is the enormous confidence we have in the power of reason, which mistakenly leads us to believe that our conscious, rational, and critically reflective selves are constantly guiding our behavior in accordance with our deep values. -/- In these comments, I would like to discuss the many points of agreement I have with Waller, providing along the way additional fuel for his skeptical fire (i.e., his moral responsibility skepticism and his skeptical analysis of the source of our strong belief in moral responsibility). I will also discuss, however, my one main point of disagreement—i.e., his desire to preserve the conception of free will. Waller believes free will can “flourish” in the absence of moral responsibility (see Ch.8), while I maintain they that the variety of free will that is of central philosophical and practical importance is the sort required for moral responsibility in a particular but pervasive sense. This sense of moral responsibility is set apart by the notion of basic desert and is purely backward-looking and non-consequentialist (see Pereboom 2001, 2014; Caruso and Morris, forthcoming). Understood this way, the sort of free will at issue in the historical debate is a kind of power or ability an agent must possess in order to justify certain kinds of desert-based judgments, attitudes, or treatments in response to decisions or actions that the agent performed or failed to perform. (shrink)

Newcomers to the philosophy of mind are sometimes resistant to the idea that pain is a mental state. If asked to defend their view, they might say something like this: pain is a physical state, it is a state of the body. A pain in one’s leg feels to be in the leg, not ‘in the mind’. After all, sometimes people distinguish pain which is ‘all in the mind’ from a genuine pain, sometimes because the second is ‘physical’ while the (...) first is not. And we also occasionally distinguish mental pain (which is normally understood as some kind of emotional distress) from the ‘physical pain’ one feels in one’s body. So what can be meant by saying that pain is a mental state? Of course, it only takes a little reflection shows that this naive view is mistaken. Pain is a state of consciousness, or an event in consciousness, and whether or not all states of mind are conscious, it is indisputable that only minds, or states of mind, are conscious.2 But does the naive view tell us anything about the concept of pain, or the concept of mind? I think it does. In this paper, I shall give reasons for thinking that consciousness is a form of intentionality, the mind’s ‘direction upon its objects’. I shall claim that the consciousness involved in bodily sensations like pain is constituted by the mind’s direction upon the part or region of the body where the sensation feels to be. Given this, it is less surprising that the naive view of pain says what it does: the apparent ‘physicality’ of pain is a consequence of confusing the object of the intentional state—the part of the body in which the pain is felt—with the state of being in pain. (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)

Analytic philosophy is sometimes said to have particularly close connections to logic and to science, and no particularly interesting or close relation to its own history. It is argued here that although the connections to logic and science have been important in the development of analytic philosophy, these connections do not come close to characterizing the nature of analytic philosophy, either as a body of doctrines or as a philosophical method. We will do better to understand analytic philosophy—and its relationship (...) to continental philosophy—if we see it as a historically constructed collection of texts, which define its key problems and concerns. It is true, however, that analytic philosophy has paid little attention to the history of the subject. This is both its strength—since it allows for a distinctive kind of creativity—and its weakness—since ignoring history can encourage a philosophical variety of “normal science.”. (shrink)

Ted Honderich's theory of consciousness as existence, which he here calls Radical Externalism, starts with a good phenomenological observation: that perceptual experience appears to involve external things being immediately present to us. As P.F. Strawson once observed, when asked to describe my current perceptual state, it is normally enough simply to describe the things around me (Strawson, 1979, p. 97). But in my view that does not make the whole theory plausible.

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)

This paper is about a puzzle which lies at the heart of contemporary physicalist theories of mind. On the one hand, the original motivation for physicalism was the need to explain the place of mental causation in the physical world. On the other hand, physicalists have recently come to see the explanation of mental causation as one of their major problems. But how can this be? How can it be that physicalist theories still have a problem explaining something which their (...) physicalism was intended to explain in the first place? If physicalism is meant to be an explanation of mental causation, then why should it still face the problem of mental causation? (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)

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)