Just Deserts. Daniel C. Dennett

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factors beyond our control, and that because of this we are never morally responsible for our actions, in a particular but pervasive sense – the sense that would make us truly deserving of blame and praise, punishment and reward. While these two views appear to be at odds with each other, one of the things I would like to explore in this conversation is how far apart we actually are. I suspect that we may have more in common than some think – but I could be wrong. To begin, can you explain what you mean by “free will” and why you think humans alone have it?

      In fact, if your past is roughly normal, it contains the causal chains that turned you into an autonomous, self-controlling agent. Lucky you. You weren’t responsible for becoming an autonomous agent, but since you are one, it is entirely appropriate for the rest of us to hold you responsible for your deeds under all but the most dire circumstances. As the American country singer Ricky Skaggs once put it: “I can’t control the wind, but I can adjust the sails.” To suppose that some further condition should be met in order for you or anyone else to be “truly deserving” of praise or blame for your actions is to ignore or deny the manifest difference in abilities for self-control that we can observe and measure readily. In other words, the rationale or justification for excusing someone, holding them not deserving of criticism or punishment, is their deficit in this competence. We don’t try to reason with bears or babies or lunatics because they aren’t able to respond appropriately. Why do we reason with people? Why do we try to convince them of conclusions about free will or science or causation or anything else? Because we think – for good reason – that in general people are reasonable, are moved by reasons, can adjust their behavior and goals in the light of reasons presented to them. There is something indirectly self-refuting in arguing that people are not moved by reasons! And that is the key to the kind of self-control which we are justified in treating as our threshold for true desert.

      Consider, for example, the various justifications one could give for punishing wrongdoers. One justification, the one that dominates our legal system, is to say that they deserve it. This retributive justification for punishment maintains that punishment of a wrongdoer is justified for the reason that he/she deserves something bad to happen to them just because they have knowingly done wrong. Such a justification is purely backward-looking. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible to consequentialist considerations that try to maximize good outcomes in the future, nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. I contend that retributive punishment is never justified since agents lack the kind of free will and basic-desert moral responsibility needed to ground it.

      Dennett: You grant that the distinction I make between people who are autonomous and those who are not (because of various limits on their abilities to control themselves) is important, but then say that it is not enough for “the kind of desert” that would “justify retributive punishment.” I too reject retributivism. It’s a hopeless muddle, and so is any doctrine of free will that aspires to justify it. But that doesn’t mean there is no “backward-looking” justification of punishment.

      The fact is – and I invite you to consider whether it is a fact – that autonomous people understand that they will be held to account and have tacitly accepted this as a condition for their maintaining their freedom in the political sense. I take this to be all the grounds we need for justifying the imposition of negative consequences (under all the usual conditions). The difference between the madman who is physically restrained and removed to quarantine for the sake of public safety, and the deserving culprit who is similarly restrained and then punished, is large, and it is a key feature of any defensible system of government. The culprit has the kind of desert that warrants punishment (but not “retributive” punishment, whatever that is).

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