Tamler Sommers

Nearly all retributive theories of punishment adopt the following model. Punishments are justified when the wrongdoers receive the punishment they deserve. A deserved punishment is one that is proportionate to the offender’s culpability. Culpability has two components: the severity of the wrong, and the offender’s blameworthiness. The broader aim of this article is to outline an alternative retributivist model that directly involves the victim in the determination of the appropriate and just punishment. The narrower aim is to show that the methodology employed by Michael Moore in support of the standard retributive model in fact better supports this alternative model. Moore himself explicitly rejects the idea that victims can play a role in determining just punishments, because this would entail assigning different punishments to equally culpable offenders. When properly applied, however, Moore’s method for justifying retributivism results in an approach that directly involves the victim in the punishment process.

[Publisher's description:] When can we be morally responsible for our behavior? Is it fair to blame people for actions that are determined by heredity and environment? Can we be responsible for the actions of relatives or members of our community? In this provocative book, Tamler Sommers concludes that there are no objectively correct answers to these questions. Drawing on research in anthropology, psychology, and a host of other disciplines, Sommers argues that cross-cultural variation raises serious problems for theories that propose universally applicable conditions for moral responsibility. He then develops a new way of thinking about responsibility that takes cultural diversity into account. Relative Justice is a novel and accessible contribution to the ancient debate over free will and moral responsibility. Sommers provides a thorough examination of the methodology employed by contemporary philosophers in the debate and a challenge to Western assumptions about individual autonomy and its connection to moral desert.

1. “All Theory is Against Free Will…” Powerful arguments have been leveled against the concepts of free will and moral responsibility since the Greeks and perhaps earlier. Some—the hard determinists—aim to show that free will is incompatible with determinism, and that determinism is true. Therefore there is no free will. Others, the “no-free-will-either-way-theorists,” agree that determinism is incompatible with free will, but add that indeterminism, especially the variety posited by quantum physicists, is also incompatible with free will. Therefore there is no free will. Finally, there are the a priori arguments against free will. These arguments conclude that it makes no difference what metaphysical commitments we hold: free will and ultimate moral responsibility are incoherent concepts. Why? Because in order to have free will and ultimate moral responsibility we would have to be causa sui, or ‘cause of oneself.’ And it is logically impossible to be self-caused in this way. Here, for example, is Nietzsche on the causa sui

This paper develops a sympathetic critique of recent experimental work on free will and moral responsibility. Section 1 offers a brief defense of the relevance of experimental philosophy to the free will debate. Section 2 reviews a series of articles in the experimental literature that probe intuitions about the "compatibility question"—whether we can be free and morally responsible if determinism is true. Section 3 argues that these studies have produced valuable insights on the factors that influence our judgments on the compatibility question, but that their general approach suffers from significant practical and philosophical difficulties. Section 4 reviews experimental work addressing other aspects of the free will/moral responsibility debate, and section 5 concludes with a discussion of avenues for further research.