A Friday provocation...
Compatibilists claim that moral responsibility is compatible with determinism. Even if facts about the universe at t, in conjunction with the laws of nature, entail that an agent acts in a certain way at t1, that agent may be morally responsible for acting in that way. Now suppose that time travel to the past is one day a practical possibility. In that case, it might be possible to go back in time to a point prior to t1 and punish (or reward) an action, even though it has not yet occurred. Compatibilists seem committed to holding that this kind of punishment would be just. But this is extremely implausible, so implausible that an account of moral responsibility that entails it cannot be accepted.
Compatibilist Replies and Responses
Incoherence
The compatibilist might argue that the scenario is incoherent. Suppose the punishment meted out by our time traveller (call him Tim) represents a novel intervention in the history of the malefactor, in the sense that prior to the traveller’s observation of the act at t1, no such punishment had occurred. In that case, an event (the malefactor’s punishment) both would and not have occurred at some time prior to t1. Familiar paradoxes raise their head at this point, but here I want to draw your attention to a less familiar problem. If Tim is able to intervene in the history of the malefactor (call her Marie), to make it the case that she is punished for an action before it takes places, even though before Tim observed Marie performing the wrongful act the punishment had not taken place, then determinism as defined above would not hold. It would not be true that Marie is causally necessitated by the state of the world and the laws at nature at t to perform her wrongful act at t1. Not only might she possess the ability to act in such a way that, were she to act in that way, the laws of nature or past states of the world at t1 would have had to be different (Lewis 1981), but at least one person – Tim – could act in such a way as to bring it about that past states of the world at t1 actually are different. But if this is the case, then determinism is false. There is no world in which determinism is true and backwards punishment is possible.
Response
The plausibility of this compatibilist reply depends crucially on the kind of punishment envisaged and on the metaphysics of time. On an eternalist view of time, an intervention of the kind envisaged in the reply seems to be impossible. On this view, time is fixed and we cannot change the past even if it proves possible to observe it. But kinds of punishment that do not alter the past seem possible, and other views of time may be true. First, backwards punishment may be possible on the eternalist view. It would have to be the case that the punishment, though caused by time-travelling Tim, always preceded the wrongful action. There is nothing incoherent about this idea (it needn’t involve closed causal loops, for instance), but it does raise some complications. If the punishment now precedes the crime, how can we be sure that it isn’t causally necessary for the commission of the crime? Perhaps Marie, embittered by what she perceives as her unjust treatment, turns to a life of crime in protest. In that case, her punishment does seem unjustified, and the counterexample to compatibilism fails. However, there seem to be ways in which this problem can be avoided. Perhaps the events which constitute punishing Marie take place prior to t1, but do not have any impact upon her actions at t1 since she does not learn of her punishment until after that time (perhaps her bank account is emptied by Tim).
Even if this problem were to prove insurmountable, an eternalist view of time might prove false. Suppose the many-worlds interpretation of quantum mechanics is true, but that macroscopic determinism governs the multiverse. In that case, it would be possible for Tim to observe Marie’s wrongful action at t1, and travel back in time to punish her, secure in the knowledge that his punishment would not intervene in the causal chain leading to her action. His punishment would, to be sure, impact causally upon the Marie punished, but the Marie punished and the Marie who performed the original wrongful act would not exist in the same universe. Nevertheless, since macroscopic determinism is true, Tim could be confident that his punishment is just: the Marie punished would have performed the wrongful act without his intervention. On the Strawsonian view, which underlies many compatibilist theories of moral responsibility, the reactive attitudes are a justified response to the good or ill will of agents (Strawson 1962). Tim knows all he needs to know about the quality of Marie’s will to justify punishing her.
Alternative Possibilities
The compatibilist might insist that she is not committed to the justifiability of backwards punishment, since she holds that alternative possibilities (understood in a distinctively compatibilist manner) are a necessary condition of moral responsibility. Since Marie is punished before her wrongful act, she is punished before she chooses between alternative possibilities; she is therefore not morally responsible for the act at the time of the punishment and the punishment is unjust.
Response
Marie will have alternative possibilities, in the compatibilist sense, at the time of her action, even if she undergoes backwards punishment. If it is ever true that agents are responsible for X-ing in a deterministic world because, if they had wanted to Y instead of X-ing, they would have Y-ed, then Marie is responsible for the wrongful act. But since we know that Marie will freely (in the relevant sense) perform the act, her punishment is just. In any case, many compatibilist have now abandoned the thought that alternative possibilities are a necessary condition of moral responsibility (Fischer and Ravizza 1998; Dennet 1984; Frankfurt 1969).
Biting the Bullet
The compatibilist might insist that backwards punishment is just. We balk at the thought, she might argue, because though the world in which we live is or might be deterministic, the future is unknown. Perhaps none of us have alternative possibilities metaphysically open to us; nevertheless the future is epistemically open. Because we do not know the future, we cannot punish people for what they will do: we might wrong, and if we are, we act unjustly. But in the time travel scenario, the future is known, and backwards punishment is just. The gut reaction that it is not is simply the product of the illegitimate perserverance of intuitions which are a response to epistemic openness.
Response
Suppose the wrongful act performed by Marie is very wrong – on the order of mass murder, for instance – and that the only time at which we can punish her is significantly prior to t1. In that case, the view that it is just to punish her is highly counterintuitive. Of course, worries about personal identity might arise, but they seem no more pressing than the similar kind of worries which arise with ordinary (forwards) punishment. Suppose that the only way to prevent Marie from committing her crime is by killing her prior to her even contemplating the crime. Compatibilists need not think that this is just (they need not subscribe to a consequentialist account of punishment, for one thing), but they are committed, it seems, to holding that it is less unjust than killing an innocent person at random. And that seems highly counterintuitive.
Since we know that Marie will commit the wrongful act at t1, there seems no reason not to punish her at some time prior to t1 (assuming that punishment is ever justified). Once epistemic worries are set aside, as they are in the time travel scenario, it does not seem to matter, from the point of view of justice, whether punishment precedes or follows the crime. And that is a hard bullet for the compatibilist to bite.