Robert Kane argues that ultimate responsibility (UR) should guide us in determining whether someone is responsible for their actions. He gives the example of a drunk driver who gets into an automobile accident. If the actor tries to skirt responsibility because s/he was intoxicated, hence incapacitated, then [1] we can still rewind to an action taken that caused this intoxicated state and then [2] choosing to drive—a causal relationship articulated by Aristotle. This seems fine, but it’s a specious defence.
According to Kane
According to Kane—noting an issue raised by some—, it doesn’t require an assessment that a person could have done otherwise. This condition has numerous implications for free will.
For example, it doesn’t require that we could have done otherwise for every act done of our own will. But it does require that we could have done otherwise with respect to some acts in our past life histories by which we formed our present characters. Kane calls these self-forming actions (SFAs). According to Kane, [3] we act from a will that’s already formed, but [4] it’s our own free will by virtue of the fact that [5] we formed it by other choices or actions in the past—self-forming actions—, [6] for which we could have done otherwise.
Consider the drunk driver. If this were not the case, there’s nothing we could have ever done differently in our entire lifetimes to make ourselves different than we are—a consequence that’s incompatible with our being, at least to some degree, ultimately responsible for what we are. And that’s what I think free will requires.
Kane’s Challenge
I marked passages in brackets [n], to serve as a reference for my commentary here. Some of my responses may be repetitive, so I’ll try to make any redundancies recursive.
[1] Kane suggests that even if the person is incapacitated at the time of the accident—hence not responsible in the moment—, we can trace events back through time and pinpoint an event that caused the incapacitation. In fact, we can trace it back to the decision to imbibe in the first place. I have two objections here, but I’ll defer the second one to my next reaction.
Kane says we can rewind to some causal event. We are in agreement on this point, but I have a question: why stop there?
In engineering, there exists a concept called root cause analysis, and there is a concomitant heuristic called the 5 Whys. Essentially, using the DUI example as a discussion point, we can refer to the accident as event T0. Then we can trace back.
For the sake of brevity, I’ll ignore trivial or immaterial events such as s/he encountered a detour and so took an unfamiliar route or s/he fell asleep at the wheel, missing a green light, which caused a delay, which meant that she was in a place to happen to hit another vehicle—presuming that if s/he had been a minute ahead of her fateful schedule, there would have been no other vehicle to hit. This might be a logical line of inquiry, but let’s shelf it.
So, tracing back, at T-1, we find our actor already intoxicated and starting the car. At T-2, we find our actor drinking the last of multiple rounds of alcohol. We could trace back all the way back to, say, T-5, where our actor made the decision to take the first drink.
We may have difficulty pinning down where the impairment kicked in. Was it the drink at event T-2 or was it earlier, say, ay T-4, where all subsequent drinks were not assessed rationally? In any case, even if we stop at the last lucid state, T-5, then everything that follows can be said to be related to that event. But I have a problem.

[2] Firstly, if s/he was mentally incapacitated, how could s/he make a rational decision to drive or not? Secondly, even if we say that s/he became mentally incapacitated at event T-4, then the decision at that juncture was not rationally deliberated.
We could introduce a twist here, which is to assign culpability to the drink server. Some local statutes exploit this by making the barkeep culpable for serving a drink to an already intoxicated patron. Of course, this has the same issue noted above because we can’t say with any reliability whether the actor was intoxicated at T-2 or T-4. Let’s not get mired in this. This is not my biggest concern.
My key concern is in stopping there at T-5. Why not go back to why s/he even had the first drink? Why not go back to why she drinks in the first place? Why not keep going back. More on this ahead. Let’s continue.
[3] Kane says that the actor, the decider, already has a formed will. In this, he is introducing another concept—one of the self or the individual. Let’s continue, and I’ll get to that, too.
[4] Echoing the self, Kane doubles down and says that this self has a will, and the actor owns it. As such s/he is responsible for these willed actions, these caused actions. So, let’s dig in.
[5] Kane asserts that we formed this self by other choices or actions in the past that he calls self-forming actions. This is where in my mind this skein of logic unwinds.
Ignoring whether the self is anything but narrative convenience, why should one accept that the actor has any agency in this so-called self-forming? What proof do we have that this actor is just a victim of circumstances—from geworfen until event T0? Even without invoking determinism, I think it’s safe to assume that this actor is a consequence of, at least, hereditary and (monomorphic and polymorphic) genetic traits including temperament. Then we have structural influences, such as family, peers, institutions, and authority figures, societies and cultural norms.
It might be difficult to determine what percentage of the self are formed by this, but it would be disingenuous to defend this as self-forming rather than formed by some crucible.
[6] Kane’s final point is about whether one might have done otherwise. He downplays this point, and so shall I. If someone insists that this is important, I’ll address it at that time.
Enfin
I left out some key points that I’ll likely return to in future. Essentially, Kane is a traditionalist who pines for virtue and character, two concepts I feel of figments intended to act as tools of power maintenance. I feel this will get us down a rabbit hole, and I am rabbitted out, so let’s end here.