In the previous post I considered an alternative to the Kane-Balaguer strategy of trying to ground Libertarian free will (LFW) on undetermined torn decisions. Balaguer thinks that it is an open empirical question whether torn decisions are made in the brain in a way that is undetermined. I think my account of neural criterial causation, if correct about how the brain works, would give his theory just the sort of empirical account it needs to say that we are libertarian-free.
The Kane-Balaguer strategy of grounding LFW in undetermined torn decisions is vulnerable to the criticism that it fails to overcome the argument from luck according to which, if a critical moral choice goes one way versus another due to randomness (say amplification of quantum fluctuations to neural spike timing variability), then we cannot hold people responsible for the consequences that follow from that choice.
[Aside: For those who want a more precise understanding, the argument from luck runs as follows: “If decisions or actions occur indeterministically, such that two or more alternative decisions might be made at t, each with a non-zero probability, and everything is exactly the same in a world history until t, then there is nothing about the world or the decider prior to t that accounts for one decision being made over the other. Which gets chosen is just a matter of (perhaps weighted) chance, not a matter of agentic influence on specific outcomes. If one decision should turn out better or worse than another, well, that is just a matter of luck and not a matter of agentic choice. But if decisions and consequences are just a matter of luck, then the decider cannot be responsible for the decision made or for its consequences.” Note that if the argument from luck works at all, it works not only against libertarians, but against everyone, including compatibilists].
Note that for Kane and Balaguer the important indeterminacy happens at the moment of choice, not before it. This means that people cannot bias the chance outcome toward the morally superior choice with their wills because even if they could, their decision to bias one way versus the other would itself be subject to the argument from luck.
Neil Levy in ‘Hard Luck’ argues that FW is ruled out or precluded by luck, regardless of the truth of determinism or indeterminism, making him a hard incompatibilist like Pereboom, and a denier of FW. This entails a denial that anyone bears any MR whatsoever. According to Levy's theory, even though Hitler chose to systematically annihilate all Jews, he did so just by luck, whether because of inherited wicked character (constitutive luck, so not his fault), or because of present luck when deciding between options (so again, not his fault). As such, I find Levy’s denial of MR a profoundly nihilistic view of human beings, their choices and life.
[Aside: Actually, since Levy denies that information can be causal at all, because he accepts Kim’s exclusion argument, informational mental events such as willings cannot be causal either; FW and MR vanish along with the disappearance of mental causation. So FW and MR for Levy vanish in at least two ways, via luck and via the idea that all causation seeps down to lowest level of physical causation, leaving no room for mental events like willings to make any difference to physical outcomes. (Levy and I duked it out here in October last year, regarding mental causation and the exclusion argument: http://philosophycommons.typepad.com/flickers_of_freedom/2013/10/tse-and-levy-on-criterial-causation-and-the-exclusion-argument.html)]
Levy’s attack on LFW is rooted in the traditional failure, he says, of Libertarians to offer a contrastive account of choices (‘Hard Luck’, p. 43, p. 90). Consider van Inwagen’s (1983) potential thief pondering whether to steal from the church’s poor box. He is in a classic torn state before the decision is made. He is torn between the motive to have money, and the motive to honor a deathbed promise he made to his mother to live morally. Levy points out that Libertarians fail to offer any explanation why the thief decides to steal rather than not steal. It just happens. And had the decision, by chance, gone the other way, Libertarians could not explain why he refrained from stealing rather than stole. This allows Levy to say that (1) the character we start off with is a matter of (constitutive) luck, so we are not responsible for it or the choices, acts and consequences that follow because of the character that was ‘foisted’ on us, and (2) any so-called ‘self-forming act’ or choice comes down to (present) luck, so we are also not responsible for it or its consequences either. He calls this his ‘luck pincer.’ It is really just a variant of the logical regress against the possibility of ultimate responsibility summarized in my previous post. This was of course the regress that drove Kane and Balaguer and other proponents of LFW to rely on torn decisions in the first place. Because of luck, Levy says that torn decisions fail to afford MR, because all choices come down to constitutive luck, present luck, or both.
Note that in Kane's and Balaguers groundings of LFW in undetermined torn decisions, there is no higher governing basis for making a choice in a torn decision like van Inwagen’s thief’s; deciding to steal and then stealing the cash just happen. Had he decided not to steal, then not-stealing would have just happened. Levy’s point is that if things just happen--and this is almost a Buddhist perspective--there can be no blame.
The kind of Self-forming New Year’s resolution I considered in my last post would not be solely a matter of luck, because it would have to meet the integrity-enhancing criteria set in place by the agent. In contrast with Kane and Balaguer’s accounts of LFW, in the case of criterial decision-making, there is a higher, but non-determinative governing basis for making a choice. Yes, that the resolution ended up being ‘to be more honest this year’ rather than ‘to be less greedy this year’ was a matter of luck in the sense that the first proposal passed the threshold for adequate satisfaction of integrity-enhancing criteria first. But it is not an utterly random outcome, like choosing to steal the money or not, as in the thief’s torn decision, or choosing to help someone in need or go to the meeting, as in Kane’s businesswoman example of a torn decision. Under criterial causation the choice is not utterly random because it had to be an integrity-enhancing resolution. It is also not determined, breaking the chain of sufficient causes that underlies the ultimate responsibility-destroying regress, because a different integrity-enhancing resolution might have won out. The regress is broken by adding indeterminism. But the luck argument is broken by forcing any choice or action to meet criteria set by the agent. Kane's and Balaguer's accounts are vulnerable to the luck argument because there is no basis for choosing one way or another. And so one set of motives is randomly favored over the other. On my account, the integrity-enhancing criteria specified by the agent imply that whatever resolution ends up being chosen was willed and not simply a matter of luck because the decision or choice had to meet the agent's criteria. Yes there is randomness in terms of which resolution will win, but there is not randomness at the level of the basis for choosing one option over another, as in Kane and Balaguer's undetermined torn decisions.
Concerning type 1 LFW, we are *in part* responsible for our actions because we set these criteria versus others that we did not set. And we set these versus others because of the kind of agent who we are. We are not completely responsible, because we are not responsible for the particular way those criteria were met (say we chose this escape route versus another), because this was a matter of chance or luck. So we are responsible for choosing an escape route, though not fully responsible for the particularities of choosing this escape route versus others that we might have picked had it not proven adequate first.
Similarly, concerning type 2 LFW, we are in part responsible for our characters because we set these criteria for self-forming resolutions versus others that we did not set. And we set these versus others because of the kind of agent who we are. But we are not completely responsible for our characters, because the initial characters or capacities we inherited were a matter of constitutive luck, and the particular way in which criteria we set were met (say we chose to be more honest in 2015, rather than less greedy), was a matter of present luck. So we are responsible for choosing to make a New Year's resolution to improve our character, though not fully responsible for the particularities of choosing this character-forming resolution versus others that we might have picked had it not proven adequate first.
But even if we are only in part responsible for our actions and characters, criterial causation offers both a grounding for LFW and a degree of MR.
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