Derk Pereboom

This Element examines the concept of moral responsibility as it is used in contemporary philosophical debates and explores the justifiability of the moral practices associated with it, including moral praise/blame, retributive punishment, and the reactive attitudes of resentment and indignation. After identifying and discussing several different varieties of responsibility-including causal responsibility, take-charge responsibility, role responsibility, liability responsibility, and the kinds of responsibility associated with attributability, answerability, and accountability-it distinguishes between basic and non-basic desert conceptions of moral responsibility and considers a number of skeptical arguments against each. It then outlines an alternative forward-looking account of moral responsibility grounded in non-desert-invoking desiderata such as protection, reconciliation, and moral formation. It concludes by addressing concerns about the practical implications of skepticism about desert-based moral responsibility and explains how optimistic skeptics can preserve most of what we care about when it comes to our interpersonal relationships, morality, and meaning in life.

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity.

The Oxford Handbook of Moral Responsibility is a collection of 33 articles by leading international scholars on the topic of moral responsibility and its main forms, praiseworthiness and blameworthiness. The articles in the volume provide a comprehensive survey on scholarship on this topic since 1960, with a focus on the past three decades. Articles address the nature of moral responsibility - whether it is fundamentally a matter of deserved blame and praise, or whether it is grounded anticipated good consequences, such as moral education and formation, or whether there are different kinds of moral responsibility. They examine responsibility for both actions and omissions, whether responsibility comes in degrees, and whether groups such as corporations can be responsible. The traditional debates about moral responsibility focus on the threats posed from causal determinism, and from the absence of the ability to do otherwise that may result. The articles in this volume build on these arguments and appraise the most recent developments in these debates. Philosophical reflection on the personal relationships and moral responsibility has been especially intense over the past two decades, and several articles reflect this development. Other chapters take up the link between blameworthiness and attitudes such as moral resentment and indignation, while others explore the role that forgiveness and reconciliation play in personal relationships and responsibility. The range of articles in this volume look at moral responsibility from a range of perspectives and disciplines, explaining how physics, neuroscience, and psychological research on topics such as addiction and implicit bias illuminate the ways and degrees to which we might be responsible.

This article sets out a forward-looking account of moral responsibility on which the ground-level practice is directly sensitive to aims such as moral formation and reconciliation, and is not subject to a barrier between tiers. On the contrasting two-tier accounts defended by Daniel Dennett and Manuel Vargas, the ground-level practice features backward-looking, desert-invoking justifications that are in turn justified by forward-looking considerations at the higher tier. The concern raised for the two-tier view is that the ground-level practice will be insufficiently responsive to the forward-looking aims that are held to justify it. On the single-tier alternative, forward-looking considerations can more readily motivate substantial revisions, which the practice, due to serious and pervasive deficiencies, requires.

It is often claimed that Russellian monism carries a commitment to a structuralist conception of physics, on which physics describes the world only in terms of its spatiotemporal structure and dynamics. We argue that this claim is mistaken. On Russellian monism, there is more to consciousness, and to the rest of concrete reality, than spatiotemporal structure and dynamics. But the latter claim supports only a conditional claim about physics: _if_ structuralism about physics is true, then there is more to consciousness and to the rest of concrete reality than physics describes. Given the fundamental nature of their position, Russellian monists can, we argue, deny the antecedent without inconsistency. We also draw out two significant consequences of that result. One is that it provides a response to some recent objections to Russellian monism, by Alyssa Ney and Eric Hiddleston. The other consequence concerns a line of reasoning known as _the structure and dynamics argument_—reasoning that is thought to motivate Russellian monism. In David J. Chalmers’s version, which is regarded as canonical, structuralism about physics is implied by a premise. If our main thesis is true, then that version is problematic, at least from the perspective of Russellian monists who take the argument to motivate their theory. However, we argue, the argument can be reformulated without relying on structuralism about physics.

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.

This chapter examines the restrictions on justification of punishment that result from the claim that human beings lack freedom of the will. The variety of free will at issue is the control in action required for the agent to basically deserve to be blamed or punished. If we lack such free will, the classical retributive justification is undermined. Furthermore, if we lack such free will, one justification for using criminals as means for the purpose of general deterrence is also threatened. Since even if we lack free will, we yet retain the right to harm in self-defense, special deterrence that invokes such a right, and the attendant general deterrence, are in the clear. Finally, ways in which additional general deterrence absent free will might be justified are explored.

The role of a functionalist account of phenomenal properties in Keith Frankish's illusionist position results in two issues for his view. The first concerns the ontological status of illusions of phenomenality. Illusionists are committed to their existence, and these illusions would appear to have phenomenal features. Frankish argues that functionalism about phenomenal properties yields a response, but I contend that it doesn't, and that instead the illusionist's basic account of phenomenal properties must be reapplied to the illusions themselves. The second concern is that phenomenal properties would seem to be intrinsic properties of experience, but functionalism has them consist solely in relations. The nonfunctionalist option can recapture the sense that these properties are intrinsic. It can also preserve the intuition that they are causal powers in a robust sense, and thereby, perhaps surprisingly, provide a stronger response to the knowledge and conceivability arguments.

Contrary to what I have contended, Michael McKenna argues that basic desert does not have an essential role in the free will debate. On his alternative construal, what is central is whether our practice of holding morally responsible, and blaming in particular, can be justified, and what notion of free will is required for that justification. Notions distinct from basic desert can ground our practice, and so the free will debate is independent of basic desert. Here I argue that the one best candidate for such a notion is basic fairness, but in the area of moral responsibility there is no substantial difference between basic desert and basic fairness.

'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.

In Wrongs and Crimes, Victor Tadros argues that wrongdoers acquire special duties to those they’ve wronged, and from there he generates wrongdoers’ duties to contribute to general deterrence by being punished. In support, he contends that my manipulation argument against compatibilism fails to show that causal determination is incompatible with the proposed duties wrongdoers owe to those they’ve wronged. I respond that I did not intend my manipulation argument to rule out a sense of moral responsibility that features such duties, and that I don’t believe it does. In fact, I’m willing to accept a restricted version of Tadros’s proposal, and I explain how this addition modifies the self-defense-based position on deterrence that I’ve defended in the past.

The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence.

Basic Desert, Reactive Attitudes and Free Will addresses the issue of whether we can make sense of the widespread conviction that we are morally responsible beings. It focuses on the claim that we deserve to be blamed and punished for our immoral actions, and how this claim can be justified given the philosophical and scientific reasons to believe that we lack the sort of free will required for this sort of desert. Contributions to the book distinguish between, and explore, two clusters of questions. The first asks what it is to deserve to be harmed or benefitted. What are the bases for desert – actions, good character, bad character, the omission of good character traits? The second cluster explores the disagreement between compatabilists and incompatibilists surrounding the nature of desert. Do we deserve to be harmed, benefitted, or judged, even if we lack the ability to act differently, and if we do not, what effect does this have on our everyday actions? Taken in full, this book sheds light on the notion of desert implicated in our practice of holding each other morally responsible. This book was originally published as a special issue of _Philosophical Explorations. _.

This article explores Immanuel Kant’s transcendental argument in philosophy. According to Kant, a transcendental argument begins with a compelling first premise about our thought, experience, knowledge, or practice, and then reasons to a conclusion that is a substantive and unobvious presupposition and necessary condition of the truth of this premise, or as he sometimes puts it, of the possibility of this premise’s being true. Transcendental arguments are typically directed against skepticism of some kind. For example, Kant’s Transcendental Deduction targets Humean skepticism about the applicability of a priori metaphysical concepts, and his Refutation of Idealism takes aim at skepticism about an external world. The article first considers the nature of transcendental arguments before analysing a number of specific transcendental arguments, including Kant’s Transcendental Deduction and Refutation of Idealism. It also discusses contemporary arguments, such as those forwarded by P. F. Strawson and and Christine Korsgaard, together with their problems and prospects.

I argue that §§15–20 of the B-Deduction contain two independent arguments for the applicability of a priori concepts, the first an argument from above, the second an argument from below. The core of the first argument is §16's explanation of our consciousness of subject-identity across self-attributions, while the focus of the second is §18's account of universality and necessity in our experience. I conclude that the B-Deduction comprises powerful strategies for establishing its intended conclusion, and that some assistance from empirical psychology might well have produced a completely successful argument.

The psychotherapeutic theories of Descartes and Spinoza are heavily influenced by Stoicism. Stoic psychotherapy has two central features. First, we have a remarkable degree of voluntary control over our passions, and we can and should exercise this control to keep ourselves from having any irrational passions at all. Second, the universe is determined by the providential divine will, and in any situation we can and should align ourselves with this divine will in order to achieve equanimity. Whereas Descartes largely endorses the Stoic picture, Spinoza develops a distinctive, intellectualized version of this view

During the 'sixties and 'seventies, Hilary Putnam, Jerry Fodor, and Richard Boyd, among others, developed a type of materialism that eschews reductionist claims.¹ In this view, explana- tions, natural kinds, and properties in psychology do not reduce to counterparts in more basic sciences, such as neurophysiology or physics. Nevertheless, all token psychological entities-- states, processes, and faculties--are wholly constituted of physical entities, ultimately out of entities over which microphysics quantifies. This view quickly became the standard position in philosophy of mind, and reductionism fell out of favor. Recently, however, reductionism has been experiencing a rebirth, and many have suggested that the non-reductive approach was accepted too quickly and too uncritically. In this paper, we attempt to provide a more thorough account of the anti-reductionist position, and, in the process, to defend it against its recent critics.