Gary Watson

This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the basis for its allegiance to demands of the political community. The criminal law thus occupies a problematic normative position with respect to lawbreakers in this population; in many cases, it finds itself in the position of convicting them for crimes for which the political community itself bears some significant responsibility. The attempt to administer criminal justice therefore faces a serious moral predicament; on the one hand, criminal law has a right and an..

Philosophical discussions of psychopathy have been framed primarily in terms of psychopaths' conspicuous moral shortcomings. But despite their vaunted ‘egocentricity’, another prominent trait in the standard psychopathic profile is a characteristic failure to look after themselves; in an important way, psychopaths appear to be as careless of themselves as they are of others. Assuming that the standard profile is largely correct, the question is how these moral and prudential deficits are related. Are they linked in some non‐accidental way? This paper is a sympathetic exploration and articulation of the hypothesis that psychopathy involves an incapacity for critical distance from from one's own impulses and inclinations, an incapacity that would explain the lack of both prudential and moral regard.

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane's work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that if compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options.

It would be surprising if our idea of ourselves as responsible agents did not have a significant place in our understanding of one another as members of a political community with common claims and obligations. We see this idea at work, for example, in disputes about the extent to which the poor are or are not responsible for their lot or smokers for their ill‐health. Its most common use, it seems, is to explain and justify differences in shares of economic and other social goods. We see this use implicitly in the following letter to the Editor during the recent Presidential campaign. The author of the letter declares

My concern in this paper will be to explore and develop a version of nonsocratic skepticism about weakness of will. In my view, socratism is incorrect, but like Socrates, I think that the common understanding of weakness of will raises serious problems. Contrary to socratism, it is possible for a person knowingly to act contrary to his or her better judgment. But this description does not exhaust the common view of weakness. Also implicit in this view is the belief that actions which are contrary to one's better judgment are free in the sense that the agent could have done otherwise. To take seriously the possibility of acting contrary to one's better judgment is at the same time to raise problems about the distinction between weakness and compulsion. I argue that the common view, according to which the differentiating feature is that the weak are able to conform their behavior to their practical judgments, is unjustified. Instead, I have proposed that weakness of will involves the failure to develop certain normal capacities of self-control, whereas compulsion involves desires which even the possession of such capacities would not enable one to resist.

The first part of the essay explores the relations between the will and practical reason or judgement. The second part takes up decision in the realm of belief, i.e. deciding that such and such is so. This phenomenon raises two questions. Since we decide that as well as to, should we speak of a doxastic will? Secondly, should we regard ourselves as active in the formation of our judgements as in the formation of our intentions? The author's answer to these two further questions is ‘no’ and ‘yes’, respectively: the boundaries between the active and the passive are not marked by the will.