This concluding chapter of FREEDOM AND MORAL SENTIMENT (OUP 1995) provides a qualified defense of Hume's naturalistic approach to the problem of free will and moral responsibility. A particularly important theme is the contrast between Hume's naturalistic approach and the “rationalistic” approach associated with classical compatibilism. Whereas the rationalistic approach proceeds as an a priori, conceptual investigation into the nature and conditions of moral responsibility, the naturalistic approach is committed to an empirically oriented (i.e., psychologically informed) (...) examination of these issues – giving particular prominence to the role of moral sentiment in understanding moral life and the place of justificatory issues as they arise within it. Whereas the rationalistic approach leads us into intractable difficulties and moral skepticism, the naturalistic approach makes real progress on this subject. On a more critical note, however, I also argue that, despite its strengths, Hume's theory of moral responsibility has significant weaknesses in the areas of moral virtue, moral capacity, and moral freedom. -/- . (shrink)

This collection provides a selection of the most essential contributions to the contemporary free will debate. Among the issues discussed and debated are skepticism and naturalism, alternate possibilities, the consequence argument, libertarian metaphysics, illusionism and revisionism, optimism and pessimism, neuroscience and free will, and experimental philosophy.

Free will skepticism is radical in its core claim that free will is illusory. Criminal law, however, appears to presuppose that persons are free and hence, morally responsible for their actions. So, if free will skepticism is true, our current practices that hold people to account for their wrongs appears unjustified–even immoral. This paper will challenge the free will skeptic’s core claim that free will does not exist and defend current practices of (...) moral responsibility by offering (and defending) a Frankfurtian-compatibilist approach to the topics of free will and determinism. (shrink)

There are few who would deny that P. F. Strawson’s “Freedom and Resentment” (1962) ranks among the most significant contributions to modern moral philosophy. Although any number of essays have been devoted to it, Pamela Hieronymi’s 'Freedom, Resentment, and the Metaphysics of Morals' is the first book-length study. The aim of Hieronymi’s study is to show that Strawson’s “central argument” has been “underestimated and misunderstood.” Hieronymi interprets this argument in terms of what she describes as Strawson’s “social naturalism”. Understood (...) this way, Hieronymi maintains, “the argument is powerful”. In what follows I argue that while Hieronymi’s discussion is stimulating and provides valuable insights into “Freedom and Resentment,” neither the interpretation advanced nor the social naturalist position that it describes is convincing. (shrink)

This article examines the free will problem as it arises within Thomas Hobbes' naturalistic science of morals in early modern Europe. It explains that during this period, the problem of moral and legal responsibility became acute as mechanical philosophy was extended to human psychology and as a result human choices were explained in terms of desires and preferences rather than being represented as acts of an autonomous faculty. It describes how Hobbes changed the face of moral philosophy, (...) through his Leviathan, in ways that still structure and resonate within the contemporary debate. (shrink)

The debate over whether free will and determinism are compatible is controversial, and produces wide scholarly discussion. This paper argues that recent studies in experimental philosophy suggest that people are in fact “natural compatibilists”. To support this claim, it surveys the experimental literature bearing directly or indirectly upon this issue, before pointing to three possible limitations of this claim. However, notwithstanding these limitations, the investigation concludes that the existing empirical evidence seems to support the view that most people (...) have compatibilist intuitions. (shrink)

Do laypeople think that moral responsibility is compatible with determinism? Recently, philosophers and psychologists trying to answer this question have found contradictory results: while some experiments reveal people to have compatibilist intuitions, others suggest that people could in fact be incompatibilist. To account for this contradictory answers, Nichols and Knobe (2007) have advanced a ‘performance error model’ according to which people are genuine incompatibilist that are sometimes biased to give compatibilist answers by emotional reactions. To test for this (...) hypothesis, we investigated intuitions about determinism and moral responsibility in patients suffering from behavioural frontotemporal dementia. Patients suffering from bvFTD have impoverished emotional reaction. Thus, the ‘performance error model’ should predict that bvFTD patients will give less compatibilist answers. However, we found that bvFTD patients give answers quite similar to subjects in control group and were mostly compatibilist. Thus, we conclude that the ‘performance error model’ should be abandoned in favour of other available model that best fit our data. (shrink)

The Limits of Free Will presents influential articles by Paul Russell concerning free will and moral responsibility. The problems arising in this field of philosophy, which are deeply rooted in the history of the subject, are also intimately related to a wide range of other fields, such as law and criminology, moral psychology, theology, and, more recently, neuroscience. These articles were written and published over a period of three decades, although most have appeared in the past (...) decade. Among the topics covered: the challenge of skepticism; moral sentiment and moral capacity; necessity and the metaphysics of causation; practical reason; free will and art; fatalism and the limits of agency; moral luck, and our metaphysical attitudes of optimism and pessimism. (shrink)

The problem of determinism and free will has occupied the minds of human beings since time immemorial. Philosophers have dwelt on it at great length. The problem is alike for both those who support determinism and those who do not. From one side, it is argued that since all the actions are causally determined, the belief that we are free is an illusion; from the other side, it is argued that since we know that we are (...) free, universal determinism is false. Some others argue for both – truth of determinism as well as that of free will but then the question of morality is left aside. The paper attempts to deal with the problem in the light of Jaina philosophy. It is further aggravated when one takes into account one of the central theme of Jaina philosophy – omniscience. Determinism then becomes a necessary corollary of the doctrine that there is a person who knows everything – past, present and future. But, if determinism is true, how does Jainism account for free will? What would be the Jaina position when one talks of moral obligation / responsibility? Is the Jaina position on determinism absolutistic or non-absolutistic? If it is absolutistic, then how does it affect anekāntavāda? The paper seeks to address these issues with some plausible solutions. (shrink)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology (...) of surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

In this book, Russell examines Hume's notion of free will and moral responsibility. It is widely held that Hume presents us with a classic statement of a compatibilist position--that freedom and responsibility can be reconciled with causation and, indeed, actually require it. Russell argues that this is a distortion of Hume's view, because it overlooks the crucial role of moral sentiment in Hume's picture of human nature. Hume was concerned to describe the regular mechanisms which generate (...) class='Hi'>moral sentiments such as responsibility, and Russell argues that his conception of free will must be interprted within this naturalistic framework. He goes on to discuss Hume's views about the nature and character of moral sentiment; the extent to which we have control over our moral character; and the justification of punishment. Throughout, Russell argues that the naturalistic avenue of interpretation of Hume's thought, far from draining it of its contemporary interest and significance, reveals it to be of great relevance to the ongoing contemporary debate - particuarly in relation to the views of P.F. Strawson and his influential paper "Freedom and Resentment". (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)

Over the past few centuries the free will debate has largely turned on the question of whether or not the truth of the thesis of determinism is compatible with the relevant form of freedom that is required for moral responsibility. This way of approaching the free will problem was fundamentally challenged by P.F. Strawson in his hugely influential paper “Freedom and Resentment,” which was published in 1962. In this paper Strawson pursues a line of argument that (...) can be found in the work of several major figures in the “moral sense school,” such as David Hume and Adam Smith. The strategy Strawson employs is one that begins with a complex and subtle description of the attitudes and practices that are constitutive of moral responsibility as we observe it in human life. According to Strawson, both sides in this debate fail to identify the real foundations of moral responsibility, which rests with the fabric of our human emotional psychology. When we start from inside these natural, human commitments, Strawson maintains, we are better placed to generate a viable and pertinent theory of human freedom as it relates to the requirements of moral responsibility. (shrink)

FREE WILL. The problem of "free will" has generally been interpreted in modern times in terms of the question of whether or not moral freedom and responsibility are compatible with causality and determinism. Philosophers in the empiricist tradition have defended, with remarkable consistency, a compatibilist position on this issue. Moreover, most of the major figures of the empiricist tradition (i.e. Hobbes, Locke, Hume, Mill, Schlick, and Ayer) are understood to have endorsed and contributed to a single, (...) unified strategy on this subject. The position that these philosophers developed reflects, in large measure, the "antimetaphysical" and naturalistic orientation of empiricist philosophy.... -/- . (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)

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 (...) class='Hi'>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 'Necessity, Cause and Blame' (London: Duckworth, 1980) Richard Sorabji attempts to develop a notion of moral responsibility which does not get caught on either horn of a well known dilemma. One horn is the argument that if an action was caused then it must have been necessary and therefore could not be one for which the agent is responsible. The other horn is the argument that if the action was not caused then it is inexplicable and random (...) and therefore not something which the agent can be responsible for. Sorabji denies that what is caused is always necessitated. Causes are primarily explanatory rather than necessitating. This established, Sorabji hopes to show that action open to moral scrutiny may be caused without being necessitated and the dilemma collapses. I will argue that this strategy runs into serious difficulties. (shrink)

This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a modified (...) Rawlsian original position in which we assume we are just as likely to be among the punished when the veil of ignorance is raised as we are to be among those protected by the institution of punishment. The justification of remorse presented here is care-based, and draws on the value of sympathizing with people we have wronged, which has a Kantian ground in the duty to take others’ ends as our own. (shrink)

In this paper, I offer evidence that folk views of free will and moral responsibility accord a central place to consciousness. In sections 2 and 3, I contrast action production via conscious states and processes with action in concordance with an agent's long-standing and endorsed motivations, values, and character traits. Results indicate that conscious action production is considered much more important for free will than is concordance with motivations, values, and character traits. In section 4, I contrast (...) the absence of consciousness with the presence of consciousness in behaviorally identical agents. Most participants attribute free will to conscious agents, but not to nonconscious agents. Focusing in particular on two leading views of free will and moral responsibility, namely, Deep Self and Reasons-Responsive Views, I argue that these results present philosophers of mind and action with the following explanatory burden: develop a substantive theory of the connection between consciousness on the on.. (shrink)

Philosophical tradition has long held that free will is necessary for moral responsibility. We report experimental results that show that the folk do not think free will is necessary for moral responsibility. Our results also suggest that experimental investigation of the relationship is ill served by a focus on incompatibilism versus compatibilism. We propose an alternative framework for empirical moral psychology in which judgments of free will and moral responsibility can vary independently in (...) response to many factors. We also suggest that, in response to some factors, the necessity relation may run from responsibility to free will. (shrink)

Throughout much of the first half of the twentieth century, the free-will debate was largely concerned with the question of what kind of freedom was required for moral responsibility and whether the kind of freedom required was compatible with the thesis of determinism. This issue was itself addressed primarily with reference to the question of how freedom is related to alternative possibilities and what the relevant analysis of “could have done otherwise” comes to. The discussion of these (...) topics made little advance on the basic strategies and positions already developed and defended on either side of the compatibilist/incompatibilist divide in the preceding two centuries. When P. F. Strawson’s published his seminal article “Freedom and Resentment” in 1962 the dynamics of this debate were fundamentally altered. This is true both in respect of Strawson’s general methodology, which demands a more empirically informed approach, and in terms of his core conceptual framework, which identifies a different set of considerations and issues at the heart of this debate. In particular, whereas the traditional or classical debate focused on the problem of (moral) freedom, Strawson directed his attention to the role of moral sentiments or “reactive attitudes” as the key to understanding and resolving the core problems lying at the heart of this debate. This essay is devoted to a critical assessment of Strawson’s project and an analysis of the current debate concerning its prospects. (shrink)

The claim that common sense regards free will and moral responsibility as compatible with determinism has played a central role in both analytic and experimental philosophy. In this paper, we show that evidence in favor of this “natural compatibilism” is undermined by the role that indeterministic metaphysical views play in how people construe deterministic scenarios. To demonstrate this, we re-examine two classic studies that have been used to support natural compatibilism. We find that although people give (...) apparently compatibilist responses, this is largely explained by the fact that people import an indeterministic metaphysics into deterministic scenarios when making judgments about freedom and responsibility. We conclude that judgments based on these scenarios are not reliable evidence for natural compatibilism. (shrink)

In this paper, I discuss Hud Hudson's compatibilistic interpretation of Kant's theory of free will, which is based on Davidson's anomalous monism. I sketch an alternative interpretation of my own, an incompatibilistic interpretation according to which agents qua noumena are responsible for the particular causal laws which determine the actions of agents qua phenomena. Hudson's interpretation should be attractive to philosophers who value Kant's epistemology and ethics, but insist on a deflationary reading of things in themselves. It is in (...) an incompatibilist interpretation of Kant's theory of free will that a "positive" conception of noumena is at its most important. If a compatibilistic interpretation is acceptable, one might suppose that we can do without a "positive" conception of noumena throughout Kant's philosophy. I demonstrate, however, that there are central elements of Kant's theory of free will that cannot be accommodated within Hudson's interpretation. (shrink)

Most of the free will debate operates under the assumption that classic determinism and indeterminism are the only metaphysical options available. Through an analysis of Dennett’s view of free will as gradually evolving this article attempts to point to emergentist, interactivist and temporal metaphysical options, which have been left largely unexplored by contemporary theorists. Whereas, Dennett himself holds that “the kind of free will worth wanting” is compatible with classic determinism, I propose that his models (...) of determinism fit poorly with his evolutionary theory and naturalist commitments. In particular, his so-called “intuition pumps” seem to rely on the assumption that reality will have a compositional bottom layer where appearance and reality coincide. I argue that instead of positing this and other “unexplained explainers” we should allow for the heretical possibility that there might not be any absolute bottom, smallest substances or universal laws, but relational interactions all the way down. Through the details of Dennett’s own account of the importance of horizontal transmission in evolution and the causal efficacy of epistemically limited but complex layered “selves,” it is argued that our autonomy is linked to the ability to affect reality by controlling appearances. (shrink)

The thesis of this article is that there has never been any ground for the controversy between the doctrine of free will and determinism, that it is based upon a misapprehension, that the two assertions are entirely consistent, that one of them strictly implies the other, that they have been opposed only because of our natural want of the analytical imagination. In so saying I do not tamper with the meaning of either phrase. That would be unpardonable. I (...) mean free will in the natural and usual sense, in the fullest, the most absolute sense in which for the purposes of the personal and moral life the term is ever employed. I mean it as implying responsibility, merit and demerit, guilt and desert. I mean it as implying, after an act has been performed, that one " could have done otherwise " than one did. I mean it as conveying these things also, not in any subtly modified sense but in exactly the sense in which we conceive them in life and in law and in ethics. These two doctrines have been opposed because we have not realised that free will can be analysed without being destroyed, and that determinism is merely a feature of the analysis of it. And if we are tempted to take refuge in the thought of an "ultimate ", an "innermost" liberty that eludes the analysis, then we have implied a deterministic basis and constitution for this liberty as well. For such a basis and constitution lie in the idea of liberty. -/- The thesis is not, like that of Green or Bradley, that the contending opinions are reconciled if we adopt a certain metaphysic of the ego, as that it is timeless, and identifies itself with a desire by a " timeless act". This is to say that the two are irreconcilable, as they are popularly supposed to be, except by a theory that delivers us from the conflict by taking us out of time. Our view on the contrary is that from the natural and temporal point of view itself there never was any need of a reconciliation but only of a comprehension of the meaning of terms. (The metaphysical nature of the self and its identity through time is a problem for all who confront memory, anticipation, etc.; it has no peculiar difficulties arising from the present problem.) -/- I am not maintaining that determinism is true; only that it is true insofar as we have free will. That we are free in willing is, broadly speaking, a fact of experience. That broad fact is more assured than any philosophical analysis. It is therefore surer than the deterministic analysis of it, entirely adequate as that in the end appears to be. But it is not here affirmed that there are no small exceptions, no slight undetermined swervings, no ingredient of absolute chance. All that is here said is that such absence of determination, if and so far as it exists, is no gain to freedom, but sheer loss of it; no advantage to the moral life, but blank subtraction from it. -- When I speak below of "the indeterminist" I mean the libertarian indeterminist, that is, him who believes in free will and holds that it involves indetermination. (shrink)

I offer analyses of free will in terms of a complex set of psychological capacities agents possess to varying degrees and have varying degrees of opportunities to exercise effectively, focusing on the under-appreciated but essential capacities for imagination. For an agent to have free will is for her to possess the psychological capacities to make decisions—to imagine alternatives for action, to select among them, and to control her actions accordingly—such that she is the author of her actions and (...) can deserve credit or blame for them. For an agent to act of her own free will is for her to have had (reasonable) opportunity to exercise these capacities in making her decision and acting. There is a long philosophical tradition of treating free will as the set of capacities that, when properly functioning, allow us to make decisions that contribute to our leading a good or flourishing life. On this view, free will is a psychological accomplishment. Free will allows us to be the causal source of our actions in a way that is compatible with determinism and naturalism. (shrink)

Understanding the folk notion of free will and moral responsibility is important for a host of applied and theoretical issues in psychology, philosophy, and ethics. The bulk of experimental research has focused on folk intuitions concerning determinism's relation to free will and moral responsibility. However, determinism is a difficult term for many folk to understand. Accordingly researchers often use comprehension questions to identify and exclude large proportions of participants who seem to struggle with relevant (...) concepts. Here, we document some of the cognitive mechanisms involved in folk judgments related to comprehension of determinism, and its relations to free will and moral responsibility. Results provide prescriptions for experimental designs that can increase comprehension, potentially decreasing sampling biases. Theoretical and methodological implications are discussed. (shrink)

In the past decade, a number of empirical researchers have suggested that laypeople have compatibilist intuitions. In a recent paper, Feltz and Millan have challenged this conclusion by claiming that most laypeople are only compatibilists in appearance and are in fact willing to attribute free will to people no matter what. As evidence for this claim, they have shown that an important proportion of laypeople still attribute free will to agents in fatalistic universes. In this paper, we first (...) argue that Feltz and Millan’s error-theory rests on a conceptual confusion: it is perfectly acceptable for a certain brand of compatibilist to judge free will and fatalism to be compatible, as long as fatalism does not prevent agents from being the source of their actions. We then present the results of two studies showing that laypeople’s intuitions are best understood as following a certain brand of source compatibilism rather than a “free-will-no-matter-what” strategy. (shrink)

This paper is about an asymmetry in the justification of praising and blaming behaviour which free will theorists should acknowledge even if they do not follow Wolf and Nelkin in holding that praise and blame have different control conditions. That is, even if praise and blame have the same control condition, we must have stronger reasons for believing that it is satisfied to treat someone as blameworthy than we require to treat someone as praiseworthy. Blaming behaviour which involves serious (...) harm can only be justified if the claim that the target of blame acted freely cannot be reasonably doubted. But harmless praise can be justified so long as the claim that the candidate for praise did not act freely can be reasonably doubted. Anyone who thinks a debate about whether someone acted freely is truth-conducive has to acknowledge that reasonable doubt is possible in both these cases. (shrink)

In this chapter I consider various potential challenges to free will from the modern mind sciences. After motivating the importance of considering these challenges, I outline the argument structure for such challenges: they require simultaneously establishing a particular condition for free will and an empirical challenge to that condition. I consider several potential challenges: determinism, naturalism, and epiphenomenalism, and explain why none of these philosophical challenges is bolstered by new discoveries from neuroscience and psychology. I then respond (...) to relevant empirical challenges to the role of consciousness and rationality in action. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task (...) was that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

Many philosophers accept with certainty that we are morally responsible but take it to be an open question whether determinism holds. They treat determinism as epistemically compatible with responsibility. Should one who accepts this form of epistemic compatibilism also hold that determinism is metaphysically compatible with responsibility—that it is metaphysically possible for determinism and responsibility to coexist? John Martin Fischer gives two arguments that appear to favor an affirmative answer to this question. He argues that accounts (...) of responsibility, such as his, that are neutral with respect to whether responsible actions are determined have a "resiliency" that counts in their favor. Furthermore, he criticizes libertarians who argue on a priori grounds that determinism cannot coexist with responsibility and who admit that they would retract their argument if determinism were shown to hold; this "metaphysical flip-flopping" is said to render their positions implausible. I assess the merits of these arguments. (shrink)

Many manipulation arguments against compatibilism rely on the claim that manipulation is relevantly similar to determinism. But we argue that manipulation is nothing like determinism in one relevant respect. Determinism is a "universal" phenomenon: its scope includes every feature of the universe. But manipulation arguments feature cases where an agent is the only manipulated individual in her universe. Call manipulation whose scope includes at least one but not all agents "existential manipulation." Our responsibility practices are impacted in (...) different ways by universal and existential phenomena. And this is a relevant difference, especially on Strawsonian approaches to moral responsibility, which take facts about our responsibility practices to be deeply connected to the nature of responsibility itself. We argue that Strawsonian accounts of moral responsibility are immune to manipulation arguments, and no attempt to modify the scope of manipulation or determinism featured in these arguments will help incompatibilists secure their desired conclusion. (shrink)

Determinism seems to rule out a robust sense of options but also prevent our choices from being a matter of luck. In this way, free will seems to require both the truth and falsity of determinism. If the concept of free will is coherent, something must have gone wrong. I offer a diagnosis on which this puzzle is due at least in part to a tension already present in the very idea of free will. I (...) provide various lines of support for this hypothesis, including some experimental data gathered by probing the judgments of non-specialists. (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 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)

This paper presents a novel argument for compatibilism, the view that free will and determinism are compatible. Drawing on principles from quantum mechanics, specifically the Heisenberg uncertainty principle and the concept of superposition, the paper proposes an analogy between the behavior of particles at the quantum level and the choices made by free agents. It argues that just as particles exist in a field of possibilities until observed, actions exist in a field of possibilities until a decision (...) is made. The deterministic aspect comes from the natural laws that govern the behavior of particles (and, by extension, our actions), while the free will aspect is represented by the field of possibilities from which we can choose. The paper further explores the implications of this perspective for our understanding of moral responsibility and the nature of reality. It concludes by suggesting that our collective observations and choices contribute to the creation of our shared reality, underscoring the interconnectedness of all beings. (shrink)

Do the facts of evolution generate an epistemic challenge to moral realism? Some think so, and many “evolutionary debunking arguments” have been discussed in the recent literature. But they are all murky right where it counts most: exactly which epistemic principle is meant to take us from evolutionary considerations to the skeptical conclusion? Here, I will identify several distinct species of evolutionary debunking argument in the literature, each one of which relies on a distinct epistemic principle. Drawing on recent (...) work in epistemology, I will show that most of these initially plausible principles are false, spoiling the arguments that rely on them. And we will see that each argument threatens only one popular view of moral psychology: a “Representationalist” view on which our moral judgments rely crucially on a mental intermediary—e.g. a sentiment, gut reaction, or affect-laden intuition—delivered by our evolved moral faculty. In the end, only one evolutionary debunking argument remains a menace: an “ Argument from Symmetry ” that I will introduce to the literature. But we will see that it should worry only all naturalists, pressuring them into a trilemma: give up moral realism, accept a rationalism that is incongruous with naturalism, or give up naturalism. Non-naturalists are free and clear. (shrink)

This paper presents what the authors call the ‘divergence problem’ regarding choosing between different future possibilities. As is discussed in the first half, the central issue of the problem is the difficulty of temporally locating the ‘active cause’ on the modal divergent diagram. In the second half of this paper, we discuss the ‘second-person freedom’ which is, strictly, neither compatibilist negative freedom nor incompatibilist positive freedom. The divergence problem leads us to two hypothetical views (i.e. the view of single-line determination (...) and that of one-off chance), and these views bring humans closer to the afree side – i.e. outside of the contrast between being free and being unfree. The afree side is greatly different from the ordinary human side. This paper tries to secure the second-person freedom as a substitute for the ordinary human freedom while preventing the divergence problem from arising. (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)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of (...) giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight (...) a few key connections between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (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)

David Hume’s views on the subject of free will are among the most influential contributions to this long-disputed topic. Throughout the twentieth century, and into this century, Hume has been widely regarded as having presented the classic defense of the compatibilist position, the view that freedom and responsibility are consistent with determinism. Most of Hume’s core arguments on this issue are found in the Sections entitled “Of liberty and necessity,” first presented in Book 2 of A Treatise of (...) Human Nature (1739) and then in his An Enquiry concerning Human Understanding (1748). Although the general position in both these works is much the same, there are some significant points of difference relating to the way in which the core position is presented and also in the specific range of arguments covered. The focus of my concerns in this essay will not, however, lie with the relationship between the Treatise and the first Enquiry versions of “Of liberty and necessity.” My discussion will center on the contrast between two alternative interpretations of Hume’s views on this subject, with particular reference to the version presented in the Treatise. It will be my particular concern to explain and defend the naturalistic as against the classical compatibilist account and to explain the general significance of the naturalistic account for the contemporary debate. (shrink)

A common compatibilist view says that we are free and morally responsible in virtue of the ability to respond aptly to reasons. Many hold a version of this view despite disagreement about whether free will requires the ability to do otherwise. The canonical version of this view is reductive. It reduces the pertinent ability to a set of modal properties that are more obviously compatible with determinism, like dispositions. I argue that this and any reductive view of (...) abilities faces a significant challenge: it cannot adequately explain the freedom-grounding element of this ability. The problem has the form of a dilemma. This leaves reasons-responsive compatibilists with two options: abandon theories of free will grounded in abilities or abandon reductive theories of abilities. (shrink)

The aim of this expository paper is to give an informal overview of a plausible naturalistic case for free will. I will describe what I take to be the main naturalistically motivated challenges for free will and respond to them by presenting an indispensability argument for free will. The argument supports the reality of free will as an emergent higher-level phenomenon. I will also explain why the resulting picture of free will does not conflict with (...) the possibility that the fundamental laws of nature are deterministic, and I will address some common objections. (shrink)

This paper seeks to explain and evaluate, by an analytic method, the conflict between determinism and free will from the viewpoint of two physicalist reductionist philosophers, namely, Daniel Dennett and Sam Harris. Dennett is a compatibilist philosopher who tries to show compatibility between determinism and free will, while Sam Harris is a non-compatibilist philosopher who turns to determinism with the thesis that our thoughts and actions have been pre-determined by the neurobiological events associated with (...) them, and thus, considers free will to be an illusion. Therefore according to him, we are not the authors of our thoughts and actions. However, Dennett tries to establish the existence of free will through the use of concepts like control and deliberation and defends ‘free will worth wanting’. Therefore, if we take the agency of the agent and the absence of determinism as two criteria for free will, Dennett accepts both and Harris denies them; since there is neurobiological determinism, and all of Dennett’s deliberations, etc. are also determined neurobiologically. Between the two conditions of free will, Dennett accepts that the origin of action must be in the agent; however, he refutes the condition of alternate possibilities, establishing his view based on a causal theory. As a Neo-Darwinist, he explains human beings’ physical and mental phenomena based on evolution theory and despite accepting causal determinism, he shows how the agent can still have agency in decisions and actions. As a result, he does not consider determinism to requisite compulsion. In his philosophical system, one can change the future that has not yet taken place. This decision-making regarding the future takes place through the process of deliberation, which has a special place in Dennett’s view. On the other hand, by adhering to Libet’s neurological experiments, Harris refutes both conditions of free will and considers the cause of all human being actions to arise from activities of the brain and concludes that one cannot have any conscious control over one’s actions. As a result, he emerges as a non-compatibilist determinist. In both his works, The Moral Landscape and Free Will, Harris addresses the topic of free will. In Free Will, he criticizes the view of compatibilists like Dennett, who responds to those criticisms in his article, ‘Reflections on Free Will, Review of Sam Harris’ Free Will’. Like Harris, Dennett too addresses free will in his two important books, Elbow Room and Freedom Evolves. Following an analysis of the views of Dennett and Harris and explaining the criticisms of the two regarding each other, the present article will show that neither Dennett, considering the rest of the elements of his philosophical views in philosophy of mind and philosophy of action can well justify compatibilism, nor can Harris, considering his neurological approach defend his determinist idea. The conflict that is present in Dennett’s views causes his explanation of the agent being the origin of his action to also be indefensible. Furthermore, due to the incompatibility of the different elements of his view and the vagueness of his idea regarding the effect of unconscious intentions on action, Harris too is placed in a weak position. In contrast to Harris’ supposition, a human is not “a puppet [who] is free as long as he loves his strings”; rather, a human chooses, makes decisions and acts according to his own will. As a result, despite the objections that apply to both philosophers, Dennett’s view is more acceptable than Harris’ in terms of the effort to justify free will; even though neither have been apparently successful in defending their own ideas. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must (...) therefore endorse treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)