Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

According to the noncausal libertarian view of free will, in order for a person’s action to be free, it must be uncaused. A standard criticism of this view—the control objection—is that a person cannot have control over whether an uncaused action occurs and, so, such an action cannot be free. The background to this criticism is the claim that control over action is plausibly a causal rather than noncausal matter. In this paper, I defend noncausal libertarianism against the control objection (...) by developing a new noncausal theory of control. What emerges is not simply a defense of noncausal libertarianism against the control objection but a new theory of control more generally. (shrink)

It is tempting to think (though many deny) that epistemic agents exercise a distinctive kind of control over their belief‐like attitudes. My aim here is to sketch a “bottom‐up” model of epistemic agency, one that draws on an analogous model of practical agency, according to which an agent's conditional beliefs are reasons‐responsive planning states that initiate and sustain mental behavior so as to render controlled.

Several philosophers claim that the phenomenology of one’s own agency conflicts with standard causal theories of action, couched in terms of causation by mental events or states. Others say that the phenomenology is prima facie incompatible with such a theory, even if in the end a reconciliation can be worked out. Here it is argued that the type of action theory in question is consistent with what can plausibly be said to be presented to us in our experience of our (...) agency. Several routes to a claim that there is nevertheless a prima facie incompatibility are examined, and all are found wanting. The phenomenology of agency, it is argued, is no threat to a standard causal theory of action. (shrink)

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in particular (...) conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

This thesis investigates the conceptual relationship between laws of nature and free will. In order to clarify the discussion, I begin by distinguishing several questions with respect to the nature of a law: i) do the laws of nature cover everything that happens? ii) are they deterministic? iii) can there be exceptions to universal and deterministic laws? iv) do the laws of nature govern everything in the world? In order to answer these questions I look at three widely endorsed accounts (...) of laws: "Humean" regularity accounts, laws as relations among universals, and the dispositional essentialist account. I argue that there is nothing in the very nature of a law - in any of the accounts surveyed - that implies a positive answer to questions (i) and (ii). I show that this has important consequences for the free will problem. I then turn to the compatibility of free will and determinism. I focus on the Humean view and the dispositional essentialist account of laws. And the bulk of this discussion concerns the consequence argument, especially the question of whether the laws of nature are "up to us". I show that, on the dispositional conception of laws, there is no sense in which the laws of nature are up to us, contrary to the Humean view. However, this does not mean that there is no room for free will on the dispositional account. I argue that free will requires the laws of nature to be limited in scope, rather than being indeterministic. I conclude by showing that this allows one to resist the claim that indeterminism rules out free will. (shrink)