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The following essay is a reflection upon " Just Deserts " by Daniel Dennett and Greg Caruso. Originally posted at: https://philosophyoutside.wordpress.com/2018/11/07/the-cost-of-free-thoughts-on-the-dennett-caruso-exchange/
Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense (see, e.g., Pereboom in Living without free will, Cambridge University Press, New York, 2001; Pereboom in Free will, agency, and meaning in life, Oxford University Press, Oxford, 2014; Strawson in Freedom and belief, Oxford University Press, Oxford, 1986; Strawson in Philos Stud 75(1):5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144(1):45–62, 2009). While we agree with Derk Pereboom and others that the compatibilist’s burden should be properly understood as providing a compelling account of how a determined agent could be morally responsible in the basic desert sense, the exact nature of this burden has been rendered somewhat unclear by the fact that there has been no definitive account given as to what the basic desert sense of moral responsibility amounts to. In Sect. 1 we set out to clarify the compatibilist’s burden by presenting our account of basic desert moral responsibility—which we call retributivist desert moral responsibility for purposes of clarity—and explain why it is of central philosophical and practical importance to the free will debate. In Sect. 2 we employ a thought experiment to illustrate the kind of difficulty that compatibilists of any stripe are likely to encounter in attempting to explain how determined agents can exercise the kind of free will needed for retributivist desert moral responsibility.
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 Section 1 of this paper, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In Section 2, 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 legal punishment. I conclude in Section 3 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 [12-15]. 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.
The Oxford Handbook of Moral Responsibility f(orthcoming)
Forthcoming in D. Nelkin & D. Pereboom, eds, Oxford Handbook of Moral Responsibility, Oxford University Press
Forthcoming in D. Nelkin & D. Pereboom, eds, Oxford Handbook of Moral Responsibility, Oxford University Press We might describe the philosophical issue of human freedom and moral responsibility as an existential metaphysical problem. Problems of this kind are not just a matter of theoretical interest and curiosity, they address issues that we care about and that affect us. They are, more specifically, relevant to the significance and value that we attach to our lives and the way that we lead them. According to the orthodox view, there is a tidy connection between skepticism and pessimism. Skepticism threatens a wide range of interests and concerns that themselves rest on the foundation of our self-conception as responsible moral agents. From this perspective, whereas skepticism licences a degree of pessimism about our human predicament, the defeat of skepticism serves to vindicate optimism. In recent years this orthodox view of the relationship between skepticism and pessimism has been challenged. It has been argued, for example, that skepticism may be defended in much more optimistic terms. While we have reason to accept skepticism, we have no reason to draw any bleak or depressing consequences from this. Another way of severing the orthodox connection between skepticism and pessimism is to reject skepticism but deny that this will serve to secure or salvage any unqualified form of optimism. This article reviews and contrast these various positions and approaches, beginning with an account of P.F. Strawson’s particularly influential statement of the relationship between the skeptical challenge and pessimism.
One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per se face significant independent moral objections (Pereboom 2014, 153). 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 (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model—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.
In this interview, bioethicist Farah Focquaert explains the basic principles of a non-retributive conception of criminal justice. First, the central notions underlying retributivism — that of free will and desert-based responsibility — are addressed in a critical way. Focquaert then goes on to canvass a new way of conceiving the purposes of the system of criminal justice, with reconceptualized notions of personal responsibility and of sanctions forming its backbone. Focquaert argues that a society can remain safe and healthy without retributive measures, provided that an emphasis is placed on the prevention of crime, on the rehabilitation of the offenders and on the all-important perspective of the victim. The interview also considers the value of retributive emotions and the proper role of the new biomedical and neuroscientific technologies in the framework of the criminal justice system.
Criminal Justice Ethics, 2014
2006
I It is now commonplace to argue that punishment must 'fit'a particular crime, if this crime's punishment is to be justifiable. All general theories of punishment provide different methods of determining any punishment's fit with a crime. Deterrent theorists might argue that this value is determined by the difficulty of deterring instances of a given crime in the future. Thus, deterrent punishments are justifiable only when they are sufficiently severe to deter particular acts of crime.
We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016), and we respond to recent objections to it by Michael Corrado and John Lemos.
Cognitive Systems Research, Special Issue on Law and Neuroscience, 2015
In a widely read essay, "For the Law, Neuroscience Changes Nothing and Everything," Joshua Greene and Jonathan Cohen argue that the advance of neuroscience will eventually result in the widespread rejection of free will, and with it -- of retributivism. They go on to propose that consequentialist reforms are in order and to predict that such reforms will occur. We agree that retributivism should be rejected, and we too are optimistic that rejected it will be. But we don’t think that such a development will have much to do with neuroscience – it won’t, because neuroscience is unlikely to show that we have no free will. We have two main aims in this paper. The first is to rebut various aspects of the case against free will. The second is to examine the case for consequentialist reforms. We take Greene and Cohen’s essay as a hobbyhorse, but our criticisms are applicable to neurodeterministic anti-free-willism in general. We first suggest that Greene and Cohen take proponents of free will to be committed to an untenable homuncular account of agency. But proponents of free will can dispense with such a commitment. In fact, we argue, it is Greene and Cohen who work with an overly simple account of free will. We sketch a more nuanced conception. We then turn to the proposal for consequentialist reforms. We argue that retributivism will fall out of favor not as a consequence of neuroscience-driven rejection of free will, but rather, as a result of a familiar feature of moral progress -- the expanding circle of concern. In short, retributivism can and must die, but neuroscience will not kill it – humanity will.
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