Lucky agents,big and little: should size really matter?

This essay critically examines Alfred R. Mele’s attempt to solve a problem for libertarianism that he calls the problem of present luck. Many have thought that the traditional libertarian belief in basically free acts (where the latter are any free A-ings that occur at times at which the past up to that time and the laws of nature are consistent with the agent’s not A-ing at that time) entail that the acts are due to luck at the time of the act (present luck) rather than to the kind of agent control required for genuinely free, morally responsible action. While libertarians frequently have tried to rebut the claim that basically free acts are due to present luck, Mele argues for the daring thesis that they should embrace present luck rather than try to explain it away. His strategy is to argue that the assumption of present luck in the decisions of very young children (or “little agents”) does not preclude us from attributing to them a small amount of moral responsibility and that this makes it possible to conceive of moral development as a gradual process in which as the frequency of the indeterministically caused free actions increases, the agents take on greater and greater moral responsibility. In this paper I give several possible reconstructions of Mele’s argument and analyze in detail why none of them succeeds.     

LIBERTARIANISM, LUCK, AND CONTROL

Abstract: This article critically examines recent work on free will and moral responsibility by Randolph Clarke, Robert Kane, and Timothy O’Connor in an attempt to clarify issues about control and luck that are central to the debate between libertarians (agent causationists and others) and their critics. It is argued that luck poses an as yet unresolved problem for libertarians.     

On the role of indeterminism in libertarian free will

In a recent paper in this journal, “How should libertarians conceive of the location and role of indeterminism?” Christopher Evan Franklin critically examines my libertarian view of free will and attempts to improve upon it. He says that while Kane's influential [view] offers many important advances in the development of a defensible libertarian theory of free will and moral responsibility?…?[he made] “two crucial mistakes in formulating libertarianism” – one about the location of indeterminism, the other about its role – “both of which have helped fan the flame of the luck argument”. In this paper, I respond to Franklin's criticisms, arguing that, so far from making it significantly more difficult to answer objections about luck and control, as he claims, giving indeterminism the location and role I do makes it possible to answer such objections and many other related objections to libertarian free will. A central theme of this paper will emerge in my responses: In order to make sense of freedom of will in general and to do justice to the complex historical debates about it, one must distinguish different kinds of control agents may have over events and correspondingly different kinds of freedom they may possess.     

Moral responsibility and the continuation problem

Typical incompatibilists about moral responsibility and determinism contend that being basically morally responsible for a decision one makes requires that, if that decision has proximal causes, it is not deterministically caused by them. This article develops a problem for this contention that resembles what is sometimes called the problem of present (or cross-world) luck. However, the problem makes no reference to luck nor to contrastive explanation. This article also develops a solution.     

Reason, Responsibility, and Free Will: Reply to My Critics

This paper highlights and discusses some key positions on free will and moral responsibility that I have defended. I begin with reflections on a Strawsonian analysis of moral responsibility. Then I take up objections to the view that there is an asymmetry in freedom requirements for moral responsibility and moral obligation: obligation but not responsibility requires that we could have done otherwise. I follow with some thoughts on the viability of different sorts of semi-compatibilism. Next, I turn to defending the ??luck objection?? to a popular libertarian account of the control that responsibility requires. This is, roughly, the objection that when our decisions are indeterministically caused, their occurrence is a matter of responsibility-undermining luck. Finally, I comment on Frankfurt examples.     

Frankfurt and the folk: an experimental investigation of Frankfurt-style cases

An important disagreement in contemporary debates about free will hinges on whether an agent must have alternative possibilities to be morally responsible. Many assume that notions of alternative possibilities are ubiquitous and reflected in everyday intuitions about moral responsibility: if one lacks alternatives, then one cannot be morally responsible. We explore this issue empirically. In two studies, we find evidence that folk judgments about moral responsibility call into question two popular principles that require some form of alternative possibilities for moral responsibility. Survey participants given scenarios involving agents that fail to satisfy these principles nonetheless found these agents to be (1) morally responsible, (2) blameworthy, (3) deserving of blame, and (4) at fault for morally bad actions and consequences. We defend our interpretation of this evidence against objections and explore some implications of these findings for the free will debate.     

Quality of Reasons and Degrees of Responsibility

Traditionally, theories of moral responsibility feature only the minimally sufficient conditions for moral responsibility. While these theories are well-suited to account for the threshold of responsibility, it’s less clear how they can address questions about the degree to which agents are responsible. One feature that intuitively affects the degree to which agents are morally responsible is how difficult performing a given action is for them. Recently, philosophers have begun to develop accounts of scalar moral responsibility that make use of this notion of difficulty [Coates and Swenson 2013; Nelkin 2016]. In this paper, I argue that these accounts, although innovative, are incomplete. The degree to which agents are morally responsible is determined not only by the difficulties that agents face but also by the quality of the reasons for which they act.     

How should libertarians conceive of the location and role of indeterminism?

Libertarianism has, seemingly, always been in disrepute among philosophers. While throughout history philosophers have offered different reasons for their dissatisfaction with libertarianism, one worry is recurring: namely a worry about luck. To many, it seems that if our choices and actions are undetermined, then we cannot control them in a way that allows for freedom and responsibility. My fundamental aim in this paper is to place libertarians on a more promising track for formulating a defensible libertarian theory. I begin by arguing that Robert Kane's influential formulation of libertarianism actually generates an acute worry about luck, showing specifically that Kane's recipe for solving the problem of luck and his attendant conception of the location and role of indeterminism derived from it are deeply problematic. I then offer a reformulation of libertarianism – particularly a new conception of the location and role of indeterminism – that is capable of avoiding the problems that beset Kane's theory and that, I argue, places libertarians on a more promising track for formulating a defensible theory.     

Historical Moral Responsibility: Is the Infinite Regress Problem Fatal?

Some compatibilists have responded to the manipulation argument for incompatibilism by proposing an historical theory of moral responsibility which, according to one version, requires that agents be morally responsible for having their pro‐attitudes if they are to be morally responsible for acting on them. This proposal, however, leads obviously to an infinite regress problem. I consider a proposal by Haji and Cuypers that addresses this problem and argue that it is unsatisfactory. I then go on to propose a new solution inspired by the libertarian theory of Robert Kane.     

Why C-luck really is a problem for compatibilism

Some philosophers have recently argued that luck at the time of decision is a problem for compatibilists and libertarians alike. But conceptual ambiguity regarding deterministic luck at the time of decision – henceforth C-luck – has obscured recognition of the problem C-luck poses to compatibilism. This paper clarifies C-luck and distinguishes it from present luck, showing that the former arises from contingent factors at the time of decision instead of presupposed free will requirements. We then argue that empirical findings confirm the existence of C-luck thereby raising a fundamental challenge to compatibilist accounts of moral responsibility.     

Betting Against Compatibilism

Some argue that libertarianism represents the riskier incompatibilist view when it comes to the free will problem. An ethically cautious incompatibilist should bet that we are not free in the sense required for moral responsibility, these theorists claim, as doing so means that we no longer run the risk of holding the morally innocent responsible. In this paper, I show that the same reasoning also advises us to bet against compatibilism. Supposing that we are unsure about whether or not the causal order of the world is compatible with the kind of freedom that is required for moral responsibility, an ethically cautious approach would once again bet that hard incompatibilism is true.     

Distributive Luck

Abstact

This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive to non-philosophical beliefs about free will and responsibility, and (b) allows inequalities to arise on the basis of option luck. But Dworkin does not present convincing reasons in support of continuity, and there are compelling moral reasons for justice to be sensitive to the best philosophical account of free will and responsibility, as is proposed by the revised brute luck egalitarianism of Arneson and Cohen. While Dworkinian brute luck egalitarianism admits three sorts of morally arbitrary disadvantaging which correspond to three forms of moral luck (constitutive, circumstantial, and option luck), revised brute luck egalitarian-ism does not disadvantage on the basis of constitutive or circumstantial luck. But it is not as sensitive to responsibility as it needs to be to fully extinguish the influence of the morally arbitrary, for persons under it may exercise their responsibility equivalently yet end up with different outcomes on account of option luck. It is concluded that egalitarians should deny the existence of distributive luck, which is luck in the levels of advantage that individuals are due.     

Chisholm on freedom

Abstract: This critical examination of Roderick Chisholm's agent causal brand of libertarianism develops a problem about luck that undermines his earlier and later libertarian views on free will and moral responsibility and defends the thesis that a modest libertarian alternative considerably softens the problem. The alternative calls for an indeterministic connection in the action‐producing process that is further removed from action than Chisholm demands. The article also explores the implications of a relatively new variant of a Frankfurt‐style case for Chisholm's views of free will and moral responsibility and for libertarianism in general. It is suggested that Chisholm's efforts will and should continue to offer important assistance to libertarians who are determined to succeed where he apparently fell short.     

Moral Responsibility and History Revisited

Compatibilists about determinism and moral responsibility disagree with one another about the bearing of agents’ histories on whether or not they are morally responsible for some of their actions. Some stories about manipulated agents prompt such disagreements. In this article, I call attention to some of the main features of my own “history-sensitive” compatibilist proposal about moral responsibility, and I argue that arguments advanced by Michael McKenna and Manuel Vargas leave that proposal unscathed.     

Reasons-responsiveness,control and the negligence puzzle

A longstanding puzzle about moral responsibility for negligence arises from three plausible yet jointly inconsistent theses: (i) an agent can, in certain circumstances, be morally responsible for some outcome O, even if her behavior with respect to O is negligent (i.e., even if she never adverted to the possibility that the behavior might result in O), (ii) an agent can be morally responsible for O only if she has some control over O, (iii) if an agent acts negligently with respect to O, then she has no control over O. This paper is in two parts. First, I argue that reasons-responsiveness models of moral responsibility can be applied naturally to negligence scenarios; indeed, agents are intuitively responsible for the outcomes of their negligent behavior just when they meet the conditions for responsibility given by the best reason-responsiveness theories. Second, if the reasons-responsiveness conditions are applicable to negligence scenarios then one of two things follows: either agents can have direct control over outcomes they never adverted to, or reasons-responsiveness is not a condition of control but of something else connected to moral responsibility. Each possibility would be important in its own right—and each can solve the negligence puzzle.     

Attitudes,Tracing, and Control

There is an apparent tension in our everyday moral responsibility practices. On the one hand, it is commonly assumed that moral responsibility requires voluntary control: an agent can be morally responsible only for those things that fall within the scope of her voluntary control. On the other hand, we regularly praise and blame individuals for mental states and conditions that appear to fall outside the scope of their voluntary control, such as desires, emotions, beliefs, and other attitudes. In order to resolve this apparent tension, many philosophers appeal to a tracing principle to argue that agents are morally responsible (only) for those attitudes whose existence can be traced back, causally, to a voluntary action or omission in the past. My aim in this article is to critically evaluate this tracing strategy and to argue that it gives us a misguided picture of when and why we are morally responsible for our attitudes. I argue that we should accept a ‘judgment sensitivity’ condition of moral responsibility rather than a ‘voluntary control’ condition, and defend this account against various objections.     

Frankfurt's Argument against Alternative Possibilities: Looking Beyond the Examples 1

Harry Frankfurt dramatically shaped the debates over freedom and responsibility by arguing that the sort of freedom germane to responsibility does not involve the freedom to do otherwise. His argument turns upon an example meant to disprove the Principle of Alternative Possibilities:

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Freedom of Preference: A Defense of Compatiblism

Harry G. Frankfurt has presented a case of a counterfactual intervener CI with knowledge and power to control an agent so he will do A. He concludes that if the agent prefers to do A and there is no intervention by CI, the agent has acted of his own free will and is morally responsible for doing A, though he lacked an alternative possibility. I consider the consequences for freedom and moral responsibility of CI having a complete plan P for all actions of an agent, Lucky, who luckily has preferences that accord with P, and I extend the argument to all citizens of a land, Luckyland, who are like Lucky. I argue the citizens of Luckyland have free will but lack moral responsibility because of the connection between moral responsibility, reactive attitudes and future action. Furthermore, the presence of CI and his plan P may allow free will but is incompatible with freedom of preference. Preference concerns alternatives excluded by CI. I argue that a special higher order preference for the preference structure, a power preference, ends the regress of higher order preference and explains the first order preference. Causal determinism is compatible with freedom of preference explained by a power preference when a power preference would also explain an alternative preference. The remoteness argument for incompatibility fails because of a lack of transitivity causal explanation. The power preference is the self-explained source of freedom of preference. That basic freedom may be limited by government knowledge of our preferences, even if, like Lucky, our preferences do not provoke intervention and we conform of our own free will.