Pereboom on Punishment - Funishment, Innocence, Motivation, and Other Difficulties
2017
Criminal Law and Philosophy: An International Journal for Philosophy of Crime, Criminal Law and Punishment
In 'Free Will, Agency, and Meaning in Life', Derk Pereboom proposes an optimistic model of life that follows on the rejection of both libertarian and compatibilist beliefs in free will, moral responsibility, and desert. I criticize his views, focusing on punishment. Pereboom responds to my earlier argument that hard determinism must seek to revise the practice of punishment in the direction of 'funishment', whereby the incarcerated are very generously compensated for the deprivations of incarceration. I claimed that funishment is a practical 'reductio' of hard determinism. Pereboom replies, but I claim that he misses a key component of my 'reductio', the idea that moving in the direction of funishment will considerably weaken the deterrence of potential criminals so that hard determinism becomes self-defeating in practice. Beyond the challenge of funishment, I raise various other difficulties with Pereboom's model, concerning its deeply unintuitive implications, the harm it does to the motivation of potential criminals, its weakness in resisting utilitarian-like dangers, and more. Our conclusions should lead to a re-evaluation of the compatibilist interpretation of moral life, as a richer, more plausible, and safer interpretation than hard determinism. This needs to be combined with a true hard determinist acknowledgment of the deep injustice and tragedy involved in punishment in light of the absence of libertarian free will. Such a complex view will come closer to doing justice to notions of justice, morality, and decency.
"Pereboom on Punishment - Funishment, Innocence, Motivation, and Other Difficulties", Criminal Law and Philosophy, symposium on Derk Pereboom's Free Will, Agency, and Meaning in Life, 11 (2017): 591-603.
The Nonidentity Problem: United and Unconquered
2017
Current Controversies in Bioethics
The nonidentity problem (henceforth NIP) is one of the great moral discoveries of the 20th century; and a philosophical classic. It is a single, simple, powerful, philosophical conundrum. It has in many cases a solution, but cannot be dismissed, and retains its paradoxical force. I will aim to present my own take on it, and defend the NIP from the original and challenging attack by Melinda Roberts and David Wasserman in "Dividing and Conquering the Nonidentity Problem" (this volume). In the process, I will reject the positions they offer on each of the two alleged problems into which they divide the NIP, offering some less familiar arguments, particularly about individual contribution and the special role of parenting. I will also explicate why I think that it is in any case a mistake to see the NIP as composed of two distinct problems, showing both its unity and the broadness of its manifestations; illustrate how my recent "historical" exploration of this problem is helpful; and will conclude by defending the idea that the nonidentity problem typically has a solution but is nevertheless a large and significant problem, an "existential paradox".
"The Nonidentity Problem: United and Unconquered", in S. Matthew Liao and Colin O'Neil, eds., Current Controversies in Bioethics. New York: Routledge, 2017.
Gratitude: The Dark Side
2016
Perspectives on Gratitude
TBA
"Gratitude: The Dark Side", in David Carr, ed., Perspectives on Gratitude. New York: Routledge, 2016.
Parfit on Free Will, Desert, and the Fairness of Punishment
2016
The Journal of Ethics
In his recent monumental book On What Matters, Derek Parfit argues for a hard determinist view that rejects free will-based moral responsibility and desert. This rejection of desert is necessary for his main aim in the book, the overall reconciliation of normative ethics. In Appendix E of his book, however, Parfit claims that it is possible to mete out fair punishment. Parfit?s position on punishment here seems to be inconsistent with his hard determinism. I argue that Parfit is mistaken here, in a way that leads him to unjustified optimism about the possibility of fair penalization. Insofar as we take the free will problem seriously, we cannot reconcile a belief in the absence of desert with a belief in the fairness of penalization.
"Parfit on Free Will, Desert, and the Fairness of Punishment", Journal of Ethics, special issue on moral responsibility, 20 (2016 ): 139-148.
Reflections on Equality, Value and Paradox
2015
Res Cogitans
I consider two difficulties which have been presented to egalitarianism: Parfit?s ?Levelling Down Objection? and my ?Paradox of the Baseline?. I show that making things worse for some people even with no gain to anyone is actually an ordinary and indeed necessary feature of our moral practice, yet nevertheless the LDO maintains its power in the egalitarian context. I claim that what makes the LDO particularly forceful in the case against egalitarianism is not the very idea of making some people worse off with no gain to others, but the disrespect for value inherent in egalitarianism; and similarly that the POB is a reductio of choice -egalitarianism because of its inversion of the intuitively correct attitude to the generation of value. I conclude that in the light of the absurdity and paradox so frequently lurking in moral and social life, and particularly with the complexity of modern life and obliquity of change, we need to be much more modest than egalitarians have been in putting forth ambitious moral and social models.
"Reflections on Equality, Value and Paradox", special issue in honor of Juha Raikka, Res Cogitans 10 (2015 ): 45-60.
A Difficulty Concerning Compensation
2013
Journal of Moral Philosophy: An International Journal of Moral, Political and Legal Philosophy
We sometimes harm people legitimately, by standing in front of them in the queue at the cinema and buying the last available ticket, for instance, or by acting in self-defense. If we harm them illegitimately, however, we ostensibly have a moral obligation to compensate them for the harm done. And the more we harm them, the greater the compensation that, prima facie, we need to offer. But if the harm increases further, at some point we will need to offer less compensation. Yet more harm, and it is quite likely that no compensation at all will be morally expected. In such situations, the greater the harm, the better off we will be, morally, in one important respect. This is morally absurd but, I claim, true, and it does not appear to have received significant philosophical attention. I explore the issue.
"A Difficulty Concerning Compensation", Journal of Moral Philosophy 10 (2013 ): 329-337.
Free Will as a Case of 'Crazy Ethics'
2013
Exploring the Illusion of Free Will and Moral Responsibility. Lexington Books
I introduce the term �crazy ethics� (or CE), which I use in a semi-descriptive and non-pejorative way to refer to some views that we ourselves hold, or that we think might be true. I claim that some true ethical views are, in this interesting sense, crazy. After explicating what makes such views crazy, I explore the free will problem and show why viewing it as a case of CE is fruitful. I show that many of the prevailing positions in the debate are "crazy" in this sense, and that the views I hold to be most plausible are also so. I then reflect on what this means, particularly for morality, personal and social integrity, and the role of philosophy.
"Free Will as a Case of 'Crazy Ethics'", in Gregg Caruso, ed., Exploring the Illusion of Free Will and Moral Responsibility. Lexington Books, 2013.
Morally, Should We Prefer Never to Have Existed?
2013
Australasian Journal of Philosophy
We can morally compare possible alternative states of affairs, judging that various actual historical occurrences were bad, overall -- the Holocaust, World War I, and slavery, for example. We should prefer that such events had not occurred, and regret that they had occurred. But the vast majority of people who now exist would not have existed had it not been for those historical events. A 'package deal' is involved here: those events, together with oneself; or, the absence of the historical calamity, and the absence of oneself. So, all considered, ought one to prefer never to have existed, and to regret that one exists? Not in itself, of course, but as part of the conjunction? There seems to be a strong case for saying that morally one must wish and prefer that certain historical events had not occurred, even if that would have meant that one would never have existed. One ought to regret, all considered, that the aggregate state of affairs that includes one's existence is the one that materialized. After setting out this idea, I explore arguments against it, and attempt to reach a conclusion.
"Morally, Should We Prefer Never to Have Existed?", Australasian Journal of Philosophy 91 (2013 ): 655-666.
The Paradox of Moral Complaint
2013
Utilitas: A Journal of Utilitarian Studies
In "The Paradox of Moral Complaint" I took up the question whether a person who has wronged others in certain ways may morally complain if other people then harm him illegitimately in similar ways. I argued that there are strong grounds for saying both 'yes' and 'no' here and, therefore, that our considered moral views are paradoxical. In her reply, Talia Shaham disagrees with the no part of my position. She presents two appealing philosophical arguments, and concludes that there is no 'paradox of moral complaint', seeking in particular to defend the unconditional moral 'right' of wronged wrongdoers to complain, as against my claims. I attempt to defend my position against her arguments.
"The Paradox of Moral Complaint", Utilitas 18 (2006 ): 284-290.