Luck skepticism is the view that no one is ever morally responsible for anything because of the nature and ubiquity of luck. One acclaimed argument in favor of this view is Neil Levy’s luck pincer. The luck pincer holds that all morally significant acts or events involve either present luck, constitutive luck, or both and that present and constitutive luck each negate moral responsibility. Therefore, no one is ever morally responsible for any action or event. I argue that this argument (...) is unsound as both of its premises are false. First, not all morally significant events involve present or constitutive luck. Some morally significant events are non-lucky. Second, present and constitutive luck do not always negate moral responsibility. Luck – independent of ontological concerns – is not as threatening to free will as is often thought. (shrink)

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

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

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

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)

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)

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 paper assesses two accounts of what it means to have a moral responsibility. According to the desert account, moral responsibility amounts to deserving credit or blame for doing or failing to do things. According to an alternative theory, the demand account, moral responsibility amounts to being subject to a moral requirement, such as an obligation or duty. On this account, moral responsibility identifies the presence of a moral demand that may or may not be accompanied by desert. Experiments are (...) conducted to test these accounts in ordinary moral judgment. Results indicate that moral judgment has both a demand and a desert function, that responsibility can pattern with the demand function, and that responsibilities are attributed without blame, criticism, or punishment when several determinants of moral judgment, such as conscious awareness, intention, belief, and neurodeterminism are manipulated. Results also suggest that having a responsibility is distinguished from being responsible for something, that the latter can pattern with the desert function, and that paradoxically, one can have a responsibility that one is not responsible for. These findings advance our understanding of moral responsibility, the processes underlying moral judgment in moral psychology, and conceptual clarity in moral philosophy. (shrink)

Derk Pereboom and Gregg Caruso argue that humans are never morally responsible for their actions and take that thesis as a starting point for a project whose ultimate goal is the reform of responsibility practices, which include expressions of praise, blame, and the institution of legal punishment. This paper shares the skeptical concern that current responsibility practices can be suboptimal and in need of change, but argues that a non-skeptical pursuit of those changes is viable and more promising. The main (...) lines of the argument are developed by assessing the prospects of implementing one of the changes favored within the skeptical project (namely, the reduction of punishment severity) in light of how human moral psychology works. An original vignette experiment (N = 180; participants from Facebook groups related to Brazilian universities) asked participants to recommend sentences for a fictitious criminal after considering alternatives to regular punishment that varied in their effectiveness to prevent reoffending. The results suggest that people can become less punitive even if they continue to believe in moral responsibility and free will. The paper further argues that reforming responsibility practices is more likely to occur without the endorsement of skepticism. (shrink)

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

Moving beyond the retributive system requires clearing away some of the basic assumptions that form the foundation of that system: most importantly, the assumption of moral responsibility, which is held in place by deep and destructive belief in a just world. Efforts to justify moral responsibility typically appeal to some version of self-making, and that appeal is only plausible through limits on inquiry. Eliminating moral responsibility removes a major impediment to deeper inquiry and understanding of the biological, social, and environmental (...) causes of both vicious and virtuous behavior. The resources for moving beyond the moral responsibility are already being developed in social democratic corporatist cultures as well as in workplace management models that nurture commitment and reject blame and shame. Without moral responsibility we must face the unpleasant fact that although punishment is sometimes unavoidable it is always unjust. That unpleasant fact motivates difficult but beneficial changes that minimize both the extent and the severity of punitive measures. (shrink)

Some philosophers and scientists have argued that we humans cannot be held morally responsible for anything. Invoking results of the neurosciences and the cognitive sciences, they argue that humans lack the kind of conscious control and awareness required for moral responsibility. For theological ethics and Christian theology as a whole, moral responsibility is indispensable. I will begin by outlining some empirical results that are invoked in support of moral responsibility skepticism. I will, then, examine the subsequent discussion and the question (...) why conscious awareness is central to moral responsibility. Consciousness contributes to morally relevant control over action in multiple ways. I will briefly examine some accounts of conscious control that are resistant to the skeptical challenge. Although the empirical results might lead us to revise the degree and range of conscious control, there seems to be enough of it to ground many everyday practices of responsibility. I will conclude the article with some theological reflections. (shrink)

In this essay, I argue that if we assume with free will skeptics that people lack moral responsibility, or at least a central form of it, we may still maintain that people are ‘basically’ deserving of certain treatment in response to their behavior. I characterize basic-desert justifications for treatment negatively, as justifications that do not depend on consequentialist, contractualist, or relational considerations. Appealing to attributionist accounts of responsibility as well as the symbolic value of protest, I identify protest as a (...) response that may be basically deserved even in the absence of free will, on the grounds that it is a fitting response to the intrinsic features of agents and their actions. The position defended is not a standard form of semi-compatibilism as it allows that some responses to behavior—such as punishment—that would be basically deserved were people free are not basically deserved in the absence of free will. (shrink)

While skeptical arguments concerning free will have been a common element of philosophical discourse for thousands of years, one could make the case that such arguments have never been more numerous or forceful than at present. In response to these skeptical attacks, some philosophers and psychologists have expressed concern that the widespread acceptance of such skeptical attitudes could have devastating social consequences. In this paper, I set out to address whether such concerns are well-founded. I argue that there is reason (...) to believe that should skeptical arguments result in the widespread dismissal of human free will, the results of such a dismissal are likely to be more positive than negative. (shrink)

Skepticism about blameworthiness says that there is good reason to doubt that, in our world, humans are ever blameworthy for their deeds. A significant problem for the discussion of this view is that it is unclear how to understand the kind of blame that should be at issue. This paper makes a new proposal. The basic idea is that the kind of blame skeptics should be skeptical about is constituted by responses that can violate the targets’ claims and by the (...) responders’ thought that the targets have forfeited this claim because of their morally objectionable actions and because of how they were when they performed them. This view identifies an important part of our everyday lives and frames discussions about skepticism about blameworthiness in a new way. (shrink)

Many philosophers characterize a particularly important sense of free will and responsibility by referring to basically deserved blame. But what is basically deserved blame? The aim of this paper is to identify the appraisal entailed by basic desert claims. It presents three desiderata for an account of desert appraisals and it argues that important recent theories fail to meet them. Then, the paper presents and defends a promising alternative. The basic idea is that claims about basically deserved blame entail that (...) the targets have forfeited their claims that others not blame them and that there is positive reason to blame them. The paper shows how this view frames the discussion about skepticism about free will and responsibility. (shrink)

The Top-Down Argument for the ability to do otherwise aims at stablishing that humans can do otherwise in the sense that is relevant for debates about free will. It consists of two premises: first, we always need to answer the question of whether some phenomenon (such as the ability to do otherwise) exists by consulting our best scientific theories of the domain at issue. Second, our best scientific theories of human action presuppose that humans can do otherwise. This paper argues (...) that this is not enough to establish the conclusion. The Top-Down Argument supports that humans can do otherwise in some sense. But it does not show that humans can do otherwise in the sense that is relevant for debates about free will. The paper then shows that the apparently best way to make the argument valid does not work. (shrink)

ABSTRACT Recently, many authors have argued that claims about determinism and free will are situated on different levels of description and that determinism on one level does not rule out free will on another. This paper focuses on Christian List’s version of this basic idea. It will be argued for the negative thesis that List’s account does not rule out the most plausible version of incompatibilism about free will and determinism and, more constructively, that a level-based approach to free will (...) has better chances to meet skeptical challenges if it is guided by reasoning at the moral level – a level that has not been seriously considered so far by proponents of this approach. (shrink)

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

Derk Pereboom and Gregg Caruso argue that humans are never morally responsible for their actions and take that thesis as a starting point for a project whose ultimate goal is the reform of responsibility practices, which include expressions of praise, blame, and the institution of legal punishment. This paper shares the skeptical concern that current responsibility practices can be suboptimal and in need of change, but argues that a non-skeptical pursuit of those changes is viable and more promising. The main (...) lines of the argument are developed by assessing the prospects of implementing one of the changes favored within the skeptical project (namely, the reduction of punishment severity) in light of how human moral psychology works. An original vignette experiment (N = 180; participants from Facebook groups related to Brazilian universities) asked participants to recommend sentences for a fictitious criminal after considering alternatives to regular punishment that varied in their effectiveness to prevent reoffending. The results suggest that people can become less punitive even if they continue to believe in moral responsibility and free will. The paper further argues that reforming responsibility practices is more likely to occur without the endorsement of skepticism. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)