Corey Allen

While philosophers and scientists sometimes suggest (or take for granted) that consciousness is an essential condition for free will and moral responsibility, there is surprisingly little discussion of why consciousness (and what sorts of conscious experience) is important. We discuss some of the proposals that have been offered. We then discuss our studies using descriptions of humanoid robots to explore people’s attributions of free will and responsibility, of various kinds of conscious sensations and emotions, and of reasoning capacities, and examine the relationships between these attributions. Our initial results suggest that people’s attributions of free will are strongly influenced by their attributions of conscious emotions, such as happiness and disappointment, including Strawsonian emotions, such as pride and regret. These results provide some support for an intriguing proposal: Free will requires the capacity to make decisions that really matter to the agent, and for anything to really matter to the agent, she must be able to consciously experience the good and bad effects of the decisions she makes—to suffer and regret, or to enjoy and feel proud of, their outcomes.

Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern using a novel approach designed to separate such motivations. We asked a large sample of participants (N = 330) to render criminal sentencing judgments under varying conditions of the defendant’s mental health status (Healthy, Neurobiological Disorder, Psychological Disorder) and the disorder’s treatability (Treatable, Untreatable). As predicted, neurobiological evidence simultaneously elicited shorter prison sentences (i.e., mitigating) and longer terms of involuntary hospitalization (i.e., aggravating) than equivalent psychological evidence. However, these effects were not well explained by motivations to restore treatable defendants to health or to protect society from dangerous persons but instead by deontological motivations pertaining to the defendant’s level of deservingness and possible obligation to provide medical care. This is the first study of its kind to quantitatively demonstrate the paradoxical effect of neuroscientific trial evidence and raises implications for how such evidence is presented and evaluated.