Andrei Buckareff

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law.

In some recent work on omissions, it has been argued that the causal theory of action cannot account for how agency is exercised in intentionally omitting to act in the same way it explains how agency is exercised in intentional action. Thus, causalism appears to provide us with an incomplete picture of intentional agency. I argue that causalists should distinguish causalism as a general theory of intentional agency from causalism as a theory of intentional action. Specifically, I argue that, while intentional actions may best be understood as the causal products or outcomes of causings, we should identify exercises of intentional agency with causal processes. With a causalist account of intentional agency sketched, I respond to the challenge to causalism from omissions. I argue that when an agent intentionally omits there is a causal process that has a zero-sum outcome. But the causal process is sufficient to make it true that the agent exercises intentional agency in intentionally omitting.

Many philosophers of action afford intentions a central role in theorizing about action and its explanation. Furthermore, current orthodoxy in the philosophy of action has it that intentions play a causal role with respect to the etiology and explanation of action. But action theory is not without its heretics. Some philosophers have challenged the orthodox view. In this paper I examine and critique one such challenge. I consider David-Hillel Ruben's case against the need for intentions to play a causal role in the etiology and explanation of mental actions. Contra Ruben, I defend the orthodox view that intentions play an indispensable causal and explanatory role with respect to mental actions.

In a recent article in this journal, John Bishop argues in defence of conceiving of Christian faith as a ‘doxastic venture’. That is, he defends the claim that, in exercising faith, agents believe beyond ‘what can be established rationally on the basis of evidence and argument’. Careful examination reveals that Bishop fails adequately to show that faith in the face of inadequate epistemic reasons for believing is, or can even be, a uniquely doxastic venture. I argue that faith is best conceived of as a sub-doxastic venture that involves pragmatically assuming that God exists.

I take it that the following is a desideratum of our theories in the philosophy of mind. A theory in the philosophy of mind should help us better understand ourselves as agents and aid in our theorizing about the nature of action and agency. In this paper I discuss a strategy adopted by some defenders of nonreductive physicalism in response to the problem of causal exclusion. The strategy, which I refer to as “intralevelism,” relies on treating mental causation as intra level mental to mental causation, rather than as involving any inter level mental to physical causation. I raise problems for intralevelist theories of mental causation that stem from action-theoretic considerations. Specifically, I focus on the failure of intralevelist proposals to account for the problem of basic causal deviance in the etiology of action. To the extent that intralevelism fails to make room for basic causal deviance, the strategy fails to satisfy the aforementioned desideratum, viz., that our theories in the philosophy of mind should be of use in theorizing about action and agency. The upshot is that intralevelism is a less promising strategy for nonreductive physicalists than it appears at first glance.

On the Causal Theory of Action (CTA), internal proper parts of an agent such as desires and intentions are causally responsible for actions. CTA has increasingly come under attack for its alleged failure to account for agency. A recent version of this criticism due to François Schroeter proposes that CTA cannot provide an adequate account of either the executive control or the autonomous control involved in full-fledged agency. Schroeter offers as an alternative a revised understanding of the proper role of consciousness in agency. In this paper we criticize Schroeter’s analysis of the type of consciousness involved in executive control and examine the way in which the conscious self allegedly intervenes in action. We argue that Schroeter’s proposal should not be preferred over recent versions of CTA.

ABSTRACT: Defending the distinction between believing and accepting a proposition, I argue that cases where agents allegedly exercise direct voluntary control over their beliefs are instances of agents exercising direct voluntary control over accepting a proposition. The upshot is that any decision to believe a proposition cannot result directly in one’s acquiring the belief. Accepting is an instrumental mental action the agent performs that may trigger belief. A model of the relationship between acceptance and belief is sketched and defended. The consequences of the distinction between belief and acceptance, and the model of belief control sketched are then applied to the recent case made by Carl Ginet in defense of the conceptual and psychological possibility of agents exercising direct voluntary control over their beliefs. n.

A knowledge argument is offered that presents unique difficulties for Christians who wish to assert that God is essentially omniscient. The difficulties arise from the doctrine of the incarnation. Assuming that God the Son did not necessarily have to become incarnate, then God cannot necessarily have knowledge de se of the content of a non-divine mind. If this is right, then God’s epistemic powers are not fixed across possible worlds and God is not essentially omniscient. Some options for Christian theists are discussed, including rejecting traditional theism in favour of some version of pantheism or panentheism.

I critique Matthias Steup’s account of exercising direct voluntary control over coming to have doxastic attitudes via doxastic decisions. I show that the sort of agency Steup argues is exercised in doxastic decision-making is not sufficient for agents to exercise direct voluntary control over their doxastic attitudes. This counts against such putative decisions being the locus of direct control in doxastic agency. Finally, I briefly consider what, if any, consequences the failure of Steup’s theory of doxastic agency may have for epistemic deontologism.

In their recent book, Epistemology and the Psychology of Human Judgment, Michael Bishop and J.D. Trout have challenged Standard Analytic Epistemology (SAE) in all its guises and have endorsed a version of the "replacement thesis"--proponents of which aim at replacing the standard questions of SAE with psychological questions. In this article I argue that Bishop and Trout offer an incomplete epistemology that, as formulated, cannot address many of the core issues that motivate interest in epistemological questions to begin with, and so is not a fit replacement.

The causal theory of action (CTA) is widely recognized in the literature of the philosophy of action as the "standard story" of human action and agency -- the nearest approximation in the field to a theoretical orthodoxy. This volume brings together leading figures working in action theory today to discuss issues relating to the CTA and its applications, which range from experimental philosophy to moral psychology. Some of the contributors defend the theory while others criticize it; some draw from historical sources while others focus on recent developments; some rely on the tools of analytic philosophy while others cite the latest empirical research on human action. All agree, however, on the centrality of the CTA in the philosophy of action. The contributors first consider metaphysical issues, then reasons-explanations of action, and, finally, new directions for thinking about the CTA. They discuss such topics as the tenability of some alternatives to the CTA; basic causal deviance; the etiology of action; teleologism and anticausalism; and the compatibility of the CTA with theories of embodied cognition. Two contributors engage in an exchange of views on intentional omissions that stretches over four essays, directly responding to each other in their follow-up essays. As the action-oriented perspective becomes more influential in philosophy of mind and philosophy of cognitive science, this volume offers a long-needed debate over foundational issues. Contributors: Fred Adams, Jesús H. Aguilar, John Bishop, Andrei A. Buckareff, Randolph Clarke, Jennifer Hornsby, Alicia Juarrero, Alfred R. Mele, Michael S. Moore, Thomas Nadelhoffer, Josef Perner, Johannes Roessler, David-Hillel Ruben, Carolina Sartorio, Michael Smith, Rowland Stout The hardcover edition does not include a dust jacket.

In our paper, ‘Escaping hell: divine motivation and the problem of hell’, we defended a theory of hell that we called ‘escapism’. We argued that given God’s just and loving character it would be most rational for God to maintain an open door policy to those who are in hell, allowing them an unlimited number of chances to be reconciled with God and enjoy communion with God. In this paper we reply to two recent objections to our original paper. The first is an argument from religious luck offered by Rusty Jones. The second is an argument from Kyle Swan that alleges that our commitments about the nature of reasons for action still leaves escapism vulnerable to an objection we labeled the ‘Job objection’ in our original paper. In this paper we argue that escapism has the resources built into it needed to withstand the objections from Jones and Swan.

The doctrine of agent-causation has been suggested by many interested in defending libertarian theories of free action to provide the conceptual apparatus necessary to make the notion of incompatibility freedom intelligible. In the present essay the conceptual viability of the doctrine of agent-causation will be assessed. It will be argued that agent-causation is, insofar as it is irreducible to event-causation, mysterious at best, totally unintelligible at worst. First, the arguments for agent-causation made by such eighteenth-century luminaries as Samuel Clarke and Thomas Reid will be considered alongside the defenses of agent-causation proffered in this century by C.A. Campbell, Roderick Chisholm, and Richard Taylor. It will be shown that the case for agent-causation made by these figures is ultimately unconvincing. Two defenses of agent-causation made within the past ten years will then be taken up for examination and critique. First, Timothy O'Connor's attempt at advancing an unrefined and unrepentant doctrine of agent-causation will be shown to suffer from the same maladies as its predecessors. Next, Randolph Clarke's causal agent-causal theory of free action, which seeks a via media between agent-causal theories of free action and causal theories of action, is examined. Clarke's theory is an attempt at providing an account of how both events and agents qua substances can be the codeterminants of free actions. Despite the improvement of Clarke's theory over more conventional agent-causal theories of free action, it will be shown that agent-causation makes his theory more cumbersome than it needs to be. Clarke is able to get as much mileage out of a causal indeterminacy theory of action that does not require him to posit obscure agent-causes. Finally, a sketch of an alternative theory of free action will be offered. While it may suffer from its own conceptual deficiencies, it may not suffer from the same conceptual problems as agent-causal theories of free action

In this article, I challenge the dominant view of the importance of the debate over action-individuation. On the dominant view, it is held that the conclusions we reach about action-individuation make little or no difference for other debates in the philosophy of action, much less in other areas of philosophy. As a means of showing that the dominant view is mistaken, I consider the implications of accepting a given theory of action-individuation for thinking about doxastic agency. In particular, I am interested in the implications for thinking about the variety of evaluative control we can exercise over the formation of our doxastic attitudes. I show that our assumptions about how to individuate actions matters for how we think about doxastic agency and, hence, the conclusions we reach about action-individuation are of greater significance than some have thought.

In this paper, I examine Mark Johnston’s panentheistic account of the metaphysics of the divine developed in his recent book, Saving God: Religion After Idolatry. On Johnston’s account, God is the ‘Highest One’ and is identified with ‘the outpouring of Being by way of its exemplification in ordinary existents for the sake of the self-disclosure of Being’. Johnston eschews supernaturalism and takes his position to be consistent with what he calls ‘legitimate naturalism’ which he takes to be some version of ontological naturalism. But, as I will argue in what follows, Johnston’s legitimate naturalism is not clearly ontological naturalism. In what follows, given the other general features of his account, I argue that if we assume ontological naturalism, we should prefer a pantheistic conception of God over a panentheistic conception of God such as the one Johnston proffers. I take it that we can preserve everything Johnston wants in his account of divinity if we accept pantheism; but, if we wish to purge our conception of God of any supernaturalism, we should accept pantheism.

The ways in which we exercise intentional agency are varied. I take the domain of intentional agency to include all that we intentionally do versus what merely happens to us. So the scope of our intentional agency is not limited to intentional action. One can also exercise some intentional agency in omitting to act and, importantly, in producing the intentional outcome of an intentional action. So, for instance, when an agent is dieting, there is an exercise of agency both with respect to the agent’s actions and omissions that constitute her dieting behavior and in achieving the intended outcome of losing weight. In our mental lives we exercise intentional agency both in performing mental actions and when we intentionally produce certain outcomes at which our mental actions are aimed. The nature and scope of our intentional agency in our mental lives with respect to controlling the acquisition of mental states such as belief, desire, and intention is a topic that is of interest in its own right. In this essay, I will focus solely on our control over coming to believe. Understanding what sort of control we have our beliefs has far-reaching implications. For instance, theorizing about self-deception and wishful thinking is aided by theorizing about what if any intentional agency we can exercise with respect to acquiring beliefs. Another often mentioned concern that motivates thinking about doxastic agency comes from religion (when conversion requires a change of belief). We also hold persons morally and epistemically responsible for beliefs they have or fail to have. Finally, some deontological theories of epistemic justification require that agents be able to exercise a robust form of doxastic control. Fruitful work on any of these problems requires that we have an account of our intentional agency in acquiring beliefs. There are at least three loci of doxastic control. The first is over acquiring beliefs. The second is over maintaining beliefs. The third is over how we use our beliefs. I am chiefly concerned with the first locus of doxastic control in this essay, but I will say something about the second locus along the way. Also, I will only consider one way we might exercise control over acquiring beliefs. Specifically, I will present an argument against direct doxastic voluntarism (DDV). By “DDV” I mean to refer to the thesis that it is conceptually possible for agents to consciously exercise the same sort of direct voluntary control over coming to acquire a doxastic attitude—such as belief, suspension of belief, and disbelief—that they exercise over uncontroversial basic actions. If DDV is correct, then coming to believe can be a basic action-type. DDV, or something very close to it, was Bernard Williams’ target in his 1973 paper, “Deciding to Believe.” Williams’s argument is widely regarded as having been a failure. But I think that Williams was on to something in his paper. Hence, in this paper, while I do not attempt to resurrect Williams’s argument, I develop and defend a revised argument for a thesis that is quite close to Williams’s. I will proceed as follows. First, I will discuss Bernard Williams’ (1973) failed attempt at showing that DDV is conceptually impossible. This will be followed by a discussion of some constraints on our belief-forming activities. I will then clarify my target a bit more than Williams does in his original paper. Finally, I will present my own argument against the conceptual possibility of DDV.

Mark Heller has recently offered a proposal in defense of a fairly strong version of doxastic voluntarism. Heller looks to the compatibilist theory of free will proposed by R.E. Hobart in the first half of the twentieth century for an account of doxastic control. Heller’s defense of Hobartian Voluntarism is motivated by an appeal to epistemic deontologism. In this paper I argue that Heller’s defense of a version of strong or direct doxastic voluntarism ultimately fails. I finally argue that the failure of his theory of epistemic agency does not imply the untenability of epistemic deontologism.