Tuesday, August 20, 2013

Beyond Blame

In an article published shortly before his death, the political scientist James Q. Wilson took on the large question of free will and moral responsibility:
Does the fact that biology determines more of our thinking and conduct than we had previously imagined undermine the notion of free will? And does this possibility in turn undermine, if not entirely destroy, our ability to hold people accountable for their actions?
Wilson’s answer was an unequivocal no.

He has lots of company, which should come as a surprise given what scientific research into the determinants of human behavior has told us over the past four decades. Most of that research, as Wilson says, points to the same conclusion: our worldviews, aspirations, temperaments, conduct, and achievements—everything we conventionally think of as “us”—are in significant part determined by accidents of biology and circumstance. The study of the brain is in its infancy; as it advances, the evidence for determinism will surely grow.

One might have expected those developments to temper enthusiasm for blame mongering. Instead, the same four decades have been boom years for blame.

Retributive penal policy, which has produced incarceration rates of unprecedented proportions in the United States, has been at the forefront of the boom. But enthusiasm for blame is not confined to punishment. Changes in public policy more broadly—the slow dismantling of the social safety net, the push to privatize social security, the deregulation of banking, the health care wars, the refusal to bail out homeowners in the wake of the 2008 housing meltdown—have all been fueled by our collective sense that if things go badly for you, you’ve got no one to blame but yourself. Mortgage under water? You should have thought harder about whether you could really afford that house before you bought it. Trouble paying back your college loans? You should have looked more carefully at job prospects for sociology majors before you took out the loans. Unless of course “you” are “me,” in which case the situation tends to look a bit more complicated. (...)

In the philosophical literature, arguments in praise of blame divide into two categories, distinguished according to whether free will is regarded as compatible with determinism. Compatibilists—as the name suggests—think the answer is yes: provided certain minimal conditions of voluntariness are met (you must not have been physically coerced into acting as you did, you must have the mental capacity to comprehend your actions, etc.), your actions are freely chosen, notwithstanding that they are predetermined. Incompatibilists think the answer is no: if a person’s actions are determined by antecedent conditions, such actions are not freely chosen.

Some incompatibilists, concluding that our actions are in fact predetermined, are reluctant to assign personal responsibility and blame. I will return to these “skeptical incompatibilists” later on. The category I want to focus on now are libertarian incompatibilists. Like skeptical incompatibilists, they believe that free will is incompatible with determinism. But they arelibertarian incompatibilists because they reject determinism in favor of the view that we freely choose our actions. And, having stipulated that we are blameworthy if and only if we freely choose our actions, they conclude that we are blameworthy.

But what is the requisite sense of free will—of our actions not being determined by antecedent conditions—that makes someone blameworthy? And do we in fact have free will in that sense?

For the metaphysician, the theoretical possibility that one could have acted otherwise in some alternative world may suffice to establish free will. But if the question is whether we should hold a real-life Smith blameworthy in this world, one would think that the requisite sort of free will is not metaphysical but practical: When all is said and done, how plausible is it to think that Smithcould have acted differently?

To take an all too frequent scenario, suppose that Smith grew up in a neighborhood where drug dealing was the most common form of gainful employment. He was raised by a single mother who was a cocaine addict, and by the time he was twelve was supporting his family by selling drugs. When he was seventeen, he got caught up in a drug deal gone bad, and in the altercation that ensued, he shot and killed the buyer.

How should we think about Smith’s level of moral responsibility? Is there some magical moment at which Smith was transformed from the victim of his circumstances to the author of his own story? If so, when was it? What can we realistically expect of someone who finds himself in Smith’s circumstances with Smith’s history and biological endowments? And what is to be gained—and what lost—by adopting social policies that expect more? Given the high stakes of public blame these days, one might hope that libertarian incompatibilists would take these questions seriously. But most have simply assumed that whatever kind and degree of freedom is required for moral responsibility, all of us, except for a small class of “abnormal” people, have it once we reach seventeen years of age.

The reality is that we are all at best compromised agents, whether by biology, social circumstance, or brute luck. The differences among us are differences of degree that do not admit of categorical division into the normal and the abnormal. A morally serious inquiry into the requisite meaning of free will needs to face some basic facts about this society—for starters, that in the United States parental income and education are the most powerful predictors of whether a three-year-old will end up in the boardroom or in prison; that most abusive parents were themselves victims of abuse and neglect; that the norms of one’s peer group when growing up are powerful determinants of behavior; and that traits of emotional reactivity and impulsiveness, which have a large genetic component, are among the more robust predictors of criminal behavior. Such an inquiry would also need to address what evidence would suffice to conclude that Smith could have behaved differently. Is it enough that someone in a similar situation once pulled herself up by her own bootstraps? That the average person does? And how can we be sure that the situations are in fact similar in relevant ways?

Libertarian incompatibilism, in short, hangs profoundly consequential judgments on the insubstantial hook of an abstract possibility.

by Barbara H. Fried, Boston Review | Read more:
Image: Nelson Vargas