This paper focuses on a recently articulated, emergentist conception of ethical naturalism and its commitment to causal efficacy, or the idea that moral properties have causal powers, along with its supporting commitment to moral causation. After I reconstruct the theory, I explain how it offers some interesting theoretical benefits to moral realists in virtue of its commitment to causal efficacy. Then, after locating some examples of moral causation in support of this commitment, I present (...) and respond to five objections to such causation, which all threaten to undermine this support. Lastly, I consider a very serious problem that the theory faces in virtue of positing emergent moral properties as responsible for moral causation – namely, the problem of downward moral causation. I describe this problem in detail and argue that, as it stands, it does not spell doom for the theory. (shrink)

In this paper I argue that many scholars involved in the contemporary free will debates have underappreciated the philosophical appeal of agent causation because the resources of contemporary emergentism have not been adequately introduced into the discussion. Whereas I agree that agent causation’s main problem has to do with its intelligibility, particularly with respect to the issue of how substances can be causally relevant, I argue that the notion of substance causation can be clearly articulated from an (...) emergentist framework. According to my proposal, a free agent is _a causally powerful substance that emerges in an anomic way from her constitutive mental events_, downwardly constraining, selecting and, in this way, having control on them. As we shall see, this particular concept of agent causation not only makes sense of the deep insight behind agent libertarianism, but it also provides us with the resources to solve some of the main objections that have been raised against it. It is true that here I cannot develop a complete defense of the evidential credentials of emergentism. Still, even if the considerations that follow do not serve to convince detractors of agent causal libertarian accounts of free will, they do suggest that libertarian agent causation is more promising than is typically acknowledged. (shrink)

Theories of graded causation attract growing attention in the philosophical debate on causation. An important field of application is the controversial relationship between causation and moral responsibility. However, it is still unclear how exactly the notion of graded causation should be understood in the context of moral responsibility. One question is whether we should endorse a proportionality principle, according to which the degree of an agent’s moral responsibility is proportionate to their degree of (...) causal contribution. A second question is whether a theory of graded causation should measure closeness to necessity or closeness to sufficiency. In this paper, we argue that we should indeed endorse a proportionality principle and that this principle supports a notion of graded causation relying on closeness to sufficiency rather than closeness to necessity. Furthermore, we argue that this insight helps to provide a plausible analysis of the so-called ‘Moral Difference Puzzle’ recently described by Bernstein. (shrink)

This paper discusses a puzzling tension in attributions of moral responsibility in cases of resultant moral luck: we seem to hold agents fully morally responsible for unlucky outcomes, but less-than-fully-responsible for unlucky outcomes brought about differently than intended. This tension cannot be easily discharged or explained, but it does shed light on a famous puzzle about causation and responsibility, the Thirsty Traveler.

Research on moral judgment is refueling public interest in an old debate concerning the general foundation of morals. Are moral judgments based on reason or on feeling? Recent research in moral psychology and neuroscience concludes that moral judgments occur rapidly, automatically, and largely without the aid of inference. Such findings are utilized to criticize moral theories that require deliberation to precede moral judgment as its cause. The main targets of this criticism are the (...) class='Hi'>moral theories of Piaget and Kohlberg, but Kant's moral philosophy is also criticized for this failing. This essay defends Kant from this charge by clarifying the role of deliberation in his moral theory and by demonstrating that, for Kant, moral judgment invokes a self-organizing system that has the capacity to rapidly determine the moral permissibility of any desired purpose - real or imagined. Further support for Kant's moral theory is gleaned from recent work on self-organization in the brain. (shrink)

There has been an increasing interest into how to build Artificial Moral Agents (AMAs) that make moral decisions on the basis of causation rather than mere correction. One promising avenue for achieving this is to use a causal modelling approach. This paper explores an open and important problem with such an approach; namely, the problem of what makes a causal model an appropriate model. I explore why we need to establish criteria for what makes a model appropriate, (...) and offer-up such criteria which appeals to normative considerations. (shrink)

There have recently been a number of strong claims that normative considerations, broadly construed, influence many philosophically important folk concepts and perhaps are even a constitutive component of various cognitive processes. Many such claims have been made about the influence of such factors on our folk notion of causation. In this paper, we argue that the strong claims found in the recent literature on causal cognition are overstated, as they are based on one narrow type of data about a (...) particular type of causal cognition; the extant data do not warrant any wide-ranging conclusions about the pervasiveness of normative considerations in causal cognition. Of course, almost all empirical investigations involve some manner of ampliative inference, and so we provide novel empirical results demonstrating that there are types of causal cognition that do not seem to be influenced by moral considerations. (shrink)

Which country, politician, or policy is more of a cause of the Covid-19 pandemic death toll? Which of the two factories causally contributed more to the pollution of the nearby river? A wide-ranging portion of our everyday thought and talk, and attitudes rely on a graded notion of causation. However, it is sometimes highlighted that on most contemporary accounts, causation is on-off. Some philosophers further question the legitimacy of talk of degrees of causation and suggest that we (...) avoid it. Some hold that the notion of degrees of causation is an illusion. In this paper, I’ll argue that causation does come in degrees. (shrink)

A growing number of philosophers now hold that agent causation is required for agency, or free will, or moral responsibility. To clarify what is at issue, this paper begins with a distinction between agent causation that is ontologically fundamental and agent causation that is reducible to or realized in causation by events or states. It is widely accepted that agency presents us with the latter; the view in question claims a need for the former. The (...) paper then examines a “disappearing agent” argument from Derk Pereboom that is aimed at showing that free will requires agent causation that is ontologically fundamental. It is argued that the argument fails. Further, it is argued that, contrary to Pereboom’s claim, the issue raised by his disappearing agent argument is distinct from the problem of present luck that libertarian theories of free will face. The paper concludes with an assessment of the prospects for success of a disappearing agent argument showing that agent causation that is ontologically fundamental is required for agency tout court. (shrink)

Empirical research has recently emerged as a key method for understanding the nature of causation, and our concept of causation. One thread of research aims to test intuitions about the nature of causation in a variety of classic cases. These experiments have principally been used to try to resolve certain debates within analytic philosophy, most notably that between proponents of transference and dependence views of causation. The other major thread of empirical research on our concept of (...) causation has investigated the role that normative considerations play in causal judgments. These experimental results suggest that philosophical accounts of our concept of causation should take a broader view of what might be relevant. For both lines of research, we describe some of the significant experiments and outline key philosophical morals that have been drawn, all while pointing out various limitations. We conclude by considering other kinds of empirical research that should be philosophically interesting for those studying the nature of causation and our concept of causation. In particular, we point towards the need for philosophical research about causal perception, causal reasoning, and causal learning, as well as ways in which this research could play a role in prescriptive metaphysics. (shrink)

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of (...) a blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

This reply to Carolina Sartorio’s “Resultant Luck and the Thirsty Traveler” begins with a discussion of earlier treatments of the thirsty traveler puzzle. I emphasize the way in which adjustments to the case can elicit varying intuitions and conclude with a suggestion as to why the case is so difficult to analyze. Next, I turn to Sartorio’s analysis of the puzzle. I largely agree with her judgments about the causal issues in the case but I am less certain about the (...) conclusions she draws with respect to moral responsibility. I conclude with some reflections on Sartorio’s claim that causation and moral responsibility come apart in the thirsty traveler puzzle. I suggest that this might be true in a way other than the one that Sartorio has in mind; my proposal raises issues about moral luck in addition to those that Sartorio considers. (shrink)

This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal (...) contributions to outcomes. (shrink)

Causation is production, not dependence. It is not merely a matter of how two facts or events covary, but about what underlies that covariation. Furthermore, causation is unified (not fragmented or plural) and is a natural relation (in the world). To cause is to make something happen, to generate. The causal nexus (the web of causal influence) consists entirely of productive positive causes. With these fixed, the (causal) dependence relations are determined. -/- Dependence belongs to the theory of (...) explanation. Causal dependence is an explanatory notion: A causally explains B, in virtue of a causal relation between cause C and effect E. Confusing causation and explanation in this way underlies two related errors: the identification of omissions as causes and the embrace of causal pluralism. -/- A proper understanding of causation as production can better make sense, both of the metaphysics of causation itself, and of the special role that causation plays in explanation, responsibility, and rational planning. Each of these has a special causal species (causal explanation, causal responsibility, etc.), in which dependences play an important role, but one that is distinct from the role played by causation itself. -/- Morality and the law also attribute significance to causation, especially in terms of responsibility and liability. We are responsible for that which we cause. The law and common-sense morality both see an important distinction between active and omissive harming. Liability traditionally attaches more easily for active causing of harm than it does for omissions and failures to prevent harm (where the law requires a special duty). -/- A production theory of causation and an understanding of how omissions are not properly causal makes better sense of the role of causation in liability. This requires refinement, since, the law does, selectively, apply liability to omissions and preventions. Crucially, however, and on a view that identifies omissions as causes, puzzlingly, liability for omissions requires a preexisting duty to perform. My account explains the law’s differential treatment of proper causal liability and this latter omissive liability, and, in the process, offers a novel theory of non-causal liability in terms of corrective justice, that is dependence-driven, for cases involving omissions. I argue that cases of liability for omissions are cases in which the liability is not properly causal; rather, when a duty is owed by a defendant to a plaintiff, the defendant has a second-order duty in corrective justice to place the plaintiff in the position she would have been had defendant comported with his duty. As such, what the defendant owes is not the damage “caused” by the omission, but to make good on the obligation that the defendant owes to place the plaintiff in the position in which she has a right to be. (shrink)

The present studies investigate how the intentions of third parties influence judgments of moral responsibility for other agents who commit immoral acts. Using cases in which an agent acts under some situational constraint brought about by a third party, we ask whether the agent is blamed less for the immoral act when the third party intended for that act to occur. Study 1 demonstrates that third-party intentions do influence judgments of blame. Study 2 finds that third-party intentions only influence (...) moral judgments when the agent's actions precisely match the third party's intention. Study 3 shows that this effect arises from changes in participants' causal perception that the third party was controlling the agent. Studies 4 and 5, respectively, show that the effect cannot be explained by changes in the distribution of blame or perceived differences in situational constraint faced by the agent. (shrink)

An influential view in the ethics of self-defence is that causal responsibility for an unjust threat is a necessary requirement for liability to defensive harm. In this article, I argue against this view by providing intuitive counterexamples and by revealing weaknesses in the arguments offered in its favour. In response, adherents of the causal view have advanced the idea that although causally inefficacious agents are not liable to defensive harm, the fact that they may deserve harm can justify harming them (...) in the course of defending oneself. I argue that this strategy is ad hoc and leads to more problems than it solves. Once we allow normative facts outside our account of liability to affect a person's moral protection against harm, the lieability verdicts cannot tell us whether there is a relevant moral asymmetry between the victim and the target of defence. In conclusion, the causal view is wrong and causal responsibility for an unjust threat is not a necessary requirement for liability to defensive harm. (shrink)

In this paper, I take a critical look at Sartorio’s book Causation and Free Will (2016). Sartorio offers a rich defence of an actual-sequence view of freedom, which pays close attention to issues in the philosophy of causation and how they relate to freedom. I argue that although this focus on causation is illuminating, Sartorio’s project nevertheless runs into some serious difficulties. Perhaps most worrying amongst them is whether the agent-based reason-sensitivity account, offered by Sartorio, is consistent (...) with Frankfurt-style cases – the very cases which are provided as the sole reason to endorse an actual-sequence view of freedom. I suggest that given that powers and causation are so intimately bound together, the debate is skewed somewhat by thinking of these as rivals. (shrink)

This article examines Nietzsche’s analysis of the phenomenology of agent causation. Sense of agent causation, our sense of self-efficacy, is tenacious because it originates, according to Nietzsche’s hypothesis, in the embodied and situated experience of effort in overcoming resistances. It arises at the level of the organism and is sustained by higher-order cognitive functions. Based on this hypothesis, Nietzsche regards the sense of self as emerging from a homeostatic system of drives and affects that unify such as to (...) maintain self-efficacy levels. He relies on the same hypothesis to explain the emergence of an ascetic moral system and its specific, interpretive-affective ‘mechanism of willing’. The article aligns Nietzsche’s account of agent causation with Albert Bandura’s self-efficacy studies and Antonio Damasio’s recent account of self-systems as homeostatic systems. (shrink)

El artículo que sigue fue publicado originalmente con el título "Causation" en el Journal of Philosophy 70.17 : 556-567, y luego reimpreso en Lewis, D. Philosophical Papers. Vol. II. Oxford:Oxford University Press, 1986. 159-172. Esta traducción se publica conla autorización del Journal of Philosophy y de Oxford University Press.Querría agradecer aquí a Santiago Erpen, María José García Encinas,Diego Morales y Carolina Sartorio por diversos comentarios y sugerencias que me han permitido, espero, mejorar la traducción.

Past work has demonstrated that people’s moral judgments can influence their judgments in a number of domains that might seem to involve straightforward matters of fact, including judgments about freedom, causation, the doing/allowing distinction, and intentional action. The present studies explore whether the effect of morality in these four domains can be explained by changes in the relevance of alternative possibilities. More precisely, we propose that moral judgment influences the degree to which people regard certain alternative possibilities (...) as relevant, which in turn impacts intuitions about freedom, causation, doing/allowing, and intentional action. Employing the stimuli used in previous research, Studies 1a, 2a, 3a, and 4a show that the relevance of alternatives is influenced by moral judgments and mediates the impact of morality on non-moral judgments. Studies 1b, 2b, 3b, and 4b then provide direct empirical evidence for the link between the relevance of alternatives and judgments in these four domains by manipulating (rather than measuring) the relevance of alternative possibilities. Lastly, Study 5 demonstrates that the critical mechanism is not whether alternative possibilities are considered, but whether they are regarded as relevant. These studies support a unified framework for understanding the impact of morality across these very different kinds of judgments. (shrink)

This paper argues that several sorts of metaphysical and semantic indeterminacy afflict the causal relation. If, as it is plausible to hold, there is a relationship between causation and moral responsibility, then indeterminacy in the causal relation results in indeterminacy of moral responsibility more generally.

The debate on compatibility of fate with human responsibility lasted for five hundred years of the Stoic school and it is still with us in terms of contemporary discussions of the compatibility of determinism and free will. Chrysippus was confronted with the standard objection: It would be unjust to punish criminals “if human beings do not do evils voluntarily but are dragged by fate.” Chrysippus uses the famous illustration of the cylinder and cone, which cannot start moving without being pushed. (...) However, when this has happened, from then on the cylinder rolls and the cone spins by their own nature. I explore the cylinder analogy and its modern relevance from the perspective of thought experiments. I argue that it helps us isolate the main causal factor (the locus of responsibility and agency) and insulate this factor from the rest of the causal history and causal background. The cylinder/cone analogy is a compatibilistic tool, a kind of “mental distillation” in which we separate in imagination those aspects (causal factors) which are relevant for moral responsibility from those which are not. I suggest, somehow anachronistically, but in line both with contemporary compatibilism and Chrysippian views on causal structure of agency that the actions of an agent are “fated” from the theoretical point of view, but they are up to her from the practical point of view. (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)

This article seeks to describe in general terms what has become the standard way of conceptualizing moral injury in the clinical psychological and psychiatric literature, which is the key source for applications of the concept in other domains. What we call “the standard model” draws on certain assumptions about beliefs, mental states, and emotions as well as an implicit theory of causation about how various forms of harm arise from certain experiences or “events” that violate persons’ moral (...) beliefs and systems. Our analysis makes these assumptions more explicit and subjects them to critical scrutiny. In so doing, we survey the current literature and identify basic features of how moral injuries are defined, how they are thought to occur, and the forms of treatment or repair that appear to be indicated. We caution that it matters how moral experience is characterized and argue that an alternative understanding of what is the moral in moral injury is important for overcoming critical challenges to the standard model. Moreover, recently evolving approaches to moral repair could be more consistent with an alternative model. Our concluding suggestion is that a more robust account of the nature of moral experience and its relations to self-identity and social experience more generally could advance understanding of the etiology of moral injury and promote rehabilitation. (shrink)

Does a diagnosis of brain dysfunction matter for ascriptions of moral responsibility? This chapter argues that, while knowledge of brain pathology can inform judgments of moral responsibility, its evidential value is currently limited for a number of practical and theoretical reasons. These include the problem of establishing causation from correlational data, drawing inferences about individuals from group data, and the reliance of the interpretation of brain findings on well-established psychological findings. Brain disorders sometimes matter for moral (...) responsibility, however, because they change an individual’s moral psychology in a way that is beyond their control. While control over psychological changes is not an excusing factor, brain disorders can mitigate moral responsibility because they confront individuals with new psychological deficits or urges for which their previous moral education and existing external and internal moral resources have not prepared them. (shrink)

This paper deals with the relationship between legal responsibility and causation. I argue that legal responsibility is not necessarily rooted in causation. The general claim I aim to disprove is that responsibility is descriptive because it is fundamentally rooted in causality, and causality is metaphysically real and founded. My strategy is twofold. First, I show (in §1) that there are significant and independent non- causal form of responsibility that cannot be reduced to causal responsibility; second, in §2, I (...) show that the very notion of causality is— lato sensu—not plainly descriptive. I will suggest that even causation is tied to evaluative elements, contrary to what is assumed by many theorists and practitioners working in normative domains. (shrink)

In this paper I consider whether it is possible to cause an event by letting it happen.

Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the later (...) agent to be the actual cause. Second, the impact of temporal location on causal selection is almost canceled out if the later agent did not violate a norm while the former did. We argue that this is due to the impact that judgments of norm violation have on causal selection—even if the violated norm has nothing to do with the obtaining effect. Third, moral judgments about the effect influence causal selection even in the case in which agents could not have foreseen the effect and did not intend to bring it about. We discuss our findings in connection to recent theories of the role of moral judgment in causal reasoning, on the one hand, and to probabilistic models of temporal location, on the other. (shrink)

The advocates of moral perception claim that we can literally perceive moral properties such as goodness and badness. One of the objections to the thesis of moral perception is that since we are not able to causally interact with moral properties and these properties are causally inert, thus they do not fall into the scope of our perception. In reply, the advocates propose different solutions: 1) moral properties supervene on natural properties, 2) moral properties (...) are secondary natural properties, and 3) moral properties are non-secondary natural properties. Each of these proposals aims to attack a different premise of the objection. In this paper, I am going to propose the thesis that assuming that moral properties are grounded in natural properties, Wilsonian grounding can be a new reply to this objection. I will try to explain how Alastair Wilson’s account of grounding, in addition to a grounding thesis about the relation between moral and natural properties, can prevent accidence without setting moral properties aside from perceptual scope. (shrink)

In both the Treatise on Human Nature and the Enquiry Concerning Human Understand-ing David Hume defends the thesis that we are responsible for actions only insofar as those ac-tions reflect our character. In this paper I argue that this “character thesis” is untenable, and is incompatible with the naturalism that underlies his overall philosophy. His argument for the character thesis depends crucially on his account of the causation of human actio¬n. This is in contrast to Alisdair MacIntyre, who defends (...) a similar thesis in On Virtue on the basis of his view about the intelligibility of human actions. But if we examine the connection between Hume’s character ethic and his account of causation, we find that it conflicts with his claim that one cannot derive an ‘ought’ from an ‘is.’ This is no more than MacIntyre says is neces-sary for any virtue ethic. So what if we simply drop the ‘no ought from is’ thesis? This thesis is crucial to Hume’s naturalism, which is itself appealing to moral philosophers because it promises to avoi¬d picturing human thought as a sort of supernatural occurrence. As a result, we can conclude that if, in attempting to save H’s virtue ethic, we must give up his naturalism, we must also give up one the main reasons for being attracted to H’s worldview. We may also have to give up the very basis for Hume’s account of causation, and thus for his virtue ethic. Finally, there is a potential problem in that Hume’s causation thesis may not be as different from MacIntyre’s intelligibility thesis as they at first appear, and thus the incoherence of Hume’s view threatens MacIntyre’s virtue ethic as well. (shrink)

This is an excellent book that deserves careful attention from anyone whose work touches on issues in the philosophy of mind and action. In it, Marcus challenges the dominant philosophical conception of the mind’s place in nature, according to which mentalistic explanations hold true only when mental states or events cause things to happen in the same way as physical states and events do. Against this conception, Marcus argues that mental causation is utterly dissimilar to most of the (...) class='Hi'>causation we find in the physical realm, and that psychological achievements like believing and acting for reasons should be understood as manifestations of the rational ability self-consciously to represent good-making relations as holding between propositions and actions. (shrink)

Most philosophers who study moral responsibility have done so in isolation of the concept of truth. Here, I show that thinking about the nature of truth has profound consequences for discussions of moral responsibility. In particular, by focusing on the very trivial nature of truth—that truth depends on the world and not the other way around—we can see that widely accepted counterexamples to one of the most influential incompatibilist arguments can be shown not only to be false, but (...) also impossible. (shrink)

Abstract: This paper explores the idea of God as the “Master of Information,” asserting that the divine is the ultimate source and organizer of all information that shapes reality. Instruction, as a subset of information, is a process by which divine knowledge is applied or interpreted by sentient beings. The paper argues that God’s influence is not limited to human affairs but extends throughout existence, with God shaping the very structure, meaning, and relevance of all information. Human alignment with this (...) divine order, through understanding and interpreting information in its correct context, is essential for aligning human will with God’s greater purpose. The paper concludes that the role of God as the Master of Information provides a framework for understanding human freedom, moral alignment, and the ongoing process of discovery. (shrink)

Some philosophers hold that the neuroscience of action is, in practice or in principle, incapable of touching debates in action theory and moral psychology. The role of desires in action, the existence of basic actions, and the like are topics that must be sorted out by philosophers alone: at least at present, and perhaps by the very nature of the questions. This paper examines both philosophical and empirical arguments against the relevance of neuroscience to such questions and argues that (...) neither succeeds. In practice, there is already a stable body of findings from neuroanatomy and neurophysiology that warrants attention. And as a matter of principle, the ‘causal map’ of action production derivable from these findings requires the study of action theorists and moral psychologists because every such philosopher has commitments to the shape of this causal map: commitments that might be in conflict with reality. (shrink)

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, Liberty (...) and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

Moral judgements usually concern the moral responsibility of an acting person. Someone is considered praiseworthy or blameworthy for an action based on whether that action is in accordance with or against moral norms. On a Kantian account, the essential issue is the motivation of the acting person, as this is a criterion for being a moral cause of the action i.e. for intending it. Only moral causation permits the moral imputation of the action (...) to the acting person, and moral motivation always implies the use of practical reason as the capacity of acting in accordance with rules (categorical or hypothetical). Giving priority to one of these leads to either moral merit or moral guilt. The morally guilty person treats himself or others merely as a means rather than respecting himself or others as persons, i.e. as individuals able to act according to their own aims. We find such an account in Johann Christoph Hoffbauer’s interpretation of Kant’s theory of free will. While Kant is occasionally accused of inconsistency in claiming both that evil actions are real and imputable and that only good actions are free (and therefore imputable), Hoffbauer offers a consistent version of Kant’s theory of free will. In this paper, I analyze his interpretation, first sketching its pre-Kantian theoretical context and then discussing Hoffbauer’s Kantian interpretation of the concepts of will and the faculty of choice, using the case of a lie as an illustration. (shrink)

Positions taken in the current debate over free will can be seen as responses to the following conditional: -/- If every action is caused solely by another event and a cause necessitates its effect, then there is no action to which there is an alternative (C). -/- The Libertarian, who believes that alternatives are a requirement of free will, responds by denying the right conjunct of C’s antecedent, maintaining that some actions are caused, either mediately or immediately, by events whose (...) effects could be different, even if they were to recur under identical circumstances. We have here a denial of Laplacian Determinism (LD), according to which the condition of the world at any instant makes only one state possible at any other instant. One prominent defender of this view, Robert Kane, holds that unless an agent’s neural mechanisms operated indeterministicly in forming her character she is not responsible for its manifestations. This requirement is entailed by the principle of “ultimate responsibility” (UR) according to which an act is freely willed only if (a) its agent is personally responsible for its performance in the sense of having caused it to occur by voluntarily doing something that was avoidable and (b) there is no sufficient condition for its performance for which its agent is not personally responsible. The orthodox Compatibilist, adducing counterexamples to UR, argues that even if C and its antecedent are true, free will is possible. Ned Markosian has provided the Compatibilist with yet another response to UR-based objections to her view, wedding it to the notion of agent causation: here the deterministic causing of an act by its agent is necessary and sufficient for its being “morally free.” I criticize this view as inconsistent with the agent causalist's belief that moral responsibility precludes causation of a choice by any power other than the maker thereof: he being its efficient cause. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. (...) What these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered (...) to be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...) bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

When agents violate norms, they are typically judged to be more of a cause of resulting outcomes. In this paper, we suggest that norm violations also affect the causality attributed to other agents, a phenomenon we refer to as "causal superseding." We propose and test a counterfactual reasoning model of this phenomenon in four experiments. Experiments 1 and 2 provide an initial demonstration of the causal superseding effect and distinguish it from previously studied effects. Experiment 3 shows that this causal (...) superseding effect is dependent on a particular event structure, following a prediction of our counterfactual model. Experiment 4 demonstrates that causal superseding can occur with violations of non-moral norms. We propose a model of the superseding effect based on the idea of counterfactual sufficiency. (shrink)

I present and develop the view that omissions are de re possibilities of actual events. Omissions do not literally fail to occur; rather, they possibly occur. An omission is a tripartite metaphysical entity composed of an actual event, a possible event, and a contextually specified counterpart relation between them. This view resolves ontological, causal, and semantic puzzles about omissions, and also accounts for important data about moral responsibility for outcomes resulting from omissions.

To what extent are authors morally culpable for harms caused by their published work? Can authors be culpable even if their ideas are misused, perhaps because they failed to take precautions to prevent harmful misinterpretations? Might authors be culpable even if they do take precautions—if, for example, they publish ideas that others can be reasonably expected to put to harmful uses, precautions notwithstanding? Although complete answers to these questions depend upon controversial views about the right to free speech, this paper (...) argues that five notions from philosophy of law and legal practice—liability, burden of proof, legal causation, mens rea, and reasoning by precedent—can be adapted to provide an attractive moral framework for determining whether an author’s work causes harm, whether and how culpable the author is for causing such harm, steps authors may take to immunize themselves from culpability, and how to responsibly develop new rules for publishing ethics. (shrink)

Omissions are sometimes linked to responsibility. A harm can counterfactually depend on an omission to prevent it. If someone had the ability to prevent a harm but didn’t, this could suffice to ground their responsibility for the harm. Michael S. Moore’s claim is illustrated by the tragic case of Peter Parker, shortly after he became Spider-Man. Sick of being pushed around as a weakling kid, Peter became drunk on the power he acquired from the freak bite of a radioactive spider. (...) When a police officer called to Spider-Man to stop an escaping burglar, which he could have done easily, he failed to act. He was through taking orders. The omission was followed by a crime. That very same burglar later robbed Peter’s own house and when challenged he shot dead Peter’s Uncle Ben. Later, Spider-Man tracked down the killer and, when seeing his face close up, the possibility of prevention dawned on him. He could have stopped this crook and had he done so Uncle Ben would still be alive. Stan Lee’s tale of power finished with a Shakespearean twist. Young Peter realised the truth of the WGPCGR-thesis: With Great Power Comes Great Responsibility. We too will endorse the WGPCGR-thesis. There is a close connection between our notions of moral and legal responsibility and the powers we have as causal agents. This will be particularly important when it comes to the case of omissions: where we had the power to act but failed to do so. We hope to show the connections between the notions of power, cause, act, omission and responsibility but also some of the nuances. We will do so with particular reference to Moore’s account in Causation and Responsibility. (shrink)

Functionalist theories have been proposed for just about everything: mental states, dispositions, moral properties, truth, causation, and much else. The time has come for a functionalist theory of nothing. Or, more accurately, a role functionalist theory of those absences that are causes and effects.

I argue for responsibility internalism. That is, moral responsibility (i.e., accountability, or being apt for praise or blame) depends only on factors internal to agents. Employing this view, I also argue that no one is responsible for what AI does but this isn’t morally problematic in a way that counts against developing or using AI. Responsibility is grounded in three potential conditions: the control (or freedom) condition, the epistemic (or awareness) condition, and the causal responsibility condition (or consequences). I (...) argue that causal responsibility is irrelevant for moral responsibility, and that the control condition and the epistemic condition depend only on factors internal to agents. Moreover, since what AI does is at best a consequence of our actions, and the consequences of our actions are irrelevant to our responsibility, no one is responsible for what AI does. That is, the so-called responsibility gap exits. However, this isn’t morally worrisome for developing or using AI. Firstly, I argue, current AI doesn’t generate a new kind of concern about responsibility that the older technologies don’t. Then, I argue that responsibility gap is not worrisome because neither responsibility gap, nor my argument for its existence, entails that no one can be justly punished, held accountable, or incurs duties in reparations when AI causes a harm. (shrink)

Mental causation, idea that it is us – via our minds – who cause bodily actions is as commonsensical as it is indispensable for our understanding of ourselves as rational agents. Somewhat less uncontroversial, but nonetheless widespread (at least among ordinary people) is the idea that the mind is non-physical, following the intuition that what is physical can neither act nor think nor judge morally. Taken together, and cast into a metaphysical thesis, the two intuitions yield interactive dualism: the (...) view that human persons and their minds are non-physical but can nonetheless interact with their bodies, most notably through their brains. This thesis has two main objectives: first, to defend interactive dualism against objections, and second, to show how it can blend in with a physical world in which laws of nature hold. The first part (chapter 1) consists in a brief motivation of interactive dualism as opposed to non-interactive dualism. I argue that non-interactive, epiphenomenalist dualism sacrifices so many crucial aspects of our human existence that interactive dualism is highly to be preferred to it, barring even stronger counterarguments against the latter. It is those putative counterarguments I address in parts II and III. Part II takes on the philosophical objections from the causal closure of the physical and from causal heterogeneity. The former takes the success of physics and physiology as basis for the doctrine of the causal closure of the physical (CCP). I argue against this that there is not only no convincing argument for CCP, but also that any science-based belief in CCP cannot be epistemically justified. As regards the causal heterogeneity objection, it is ‘weighed and found wanting’, because it relies on unwarranted assumptions about causation. In part III, I examine the objection from energy conservation. It roughly says that if interactive dualism were true, then energy would not be conserved, which physics taught us cannot be the case. My reply is that the underlying conception of energy (and momentum) conservation is wrong-headed and not the one that actual physicists use. Instead of being categorical and global, conservation laws are conditional and local, thereby making natural room for mental interaction. Some dualists, however, have sought to make interactive dualism conservation-friendly, notably by invoking quantum physics; I show that these attempts are unnecessary and create more problems than they solve. Finally, in chapter 9, I turn the tables on non-interactionists by investigating current neurophysiological literature on volitional actions, which, though not addressing the question directly, still encourages the interactive dualist picture more than a non-interactionist one. Part IV is about the interplay between interactive dualism and the laws of nature. The ultimate goal is, if possible, to come up with a theory of the laws of nature that explains the lawlike behavior of nature and at the same time makes room for interaction. I begin by pointing out that the laws of nature are or at least should be what physicalists worry about (chapter 10). I then proceed with a historical survey on the development of the notion of laws of nature (chapter 11) that sheds light on its theistic origin. This is followed by an inquiry into the question how a law of nature could possibly be broken (chapter 12) and a survey of the extant metaphysical theories of the laws of nature with special regard to their receptivity to interaction (chapter 13). Finally, in chapter 14 I develop a theory of the laws of nature both faithful to their divine origin and the possibility of mental interaction: dispositionalist divine decretalism, a synthesis of dispositionalism and Jeffrey Koperski’s divine decretalism. (shrink)

This paper argues that influential Mahāyāna ethicists, such as Śāntideva, who allow for moral rules to be proscribed under the expediency of a compassionate aim, seriously compromise the very notion of moral responsibility. The central thesis is that moral responsibility is intelligible only in relation to conceptions of freedom and human dignity that reflect a participation in, and sharing of, interpersonal relationships. The central thesis of the paper is that revisionary strategies, which seek to explain agency in (...) event-causal terms, set the stage for moral epiphenomenalism. On the view I defend here, an effective compatibilist solution to the problem of reconciling freedom of the will and determinism depends on expanding, rather than eliminating, the complex register of factors that underpin the experiential aspects of our moral life. (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)