This chapter contains sections titled: Decision‐Making Procedures and Maxims in Corporate Settings The Need for Collective Responsibility in Business Ethics Applying the Categorical Imperative to Businesses Kant's Account of Moral Agency and the Categorical Imperative Must We Never Treat a Business Merely as a Means? Corporate Policies and Individual Agents Bowie's Defense of Collective Responsibility, and the Need for an Alternative Personal Responsibility within the Corporation The Choice Facing Business Ethicists: Kant or Collective Responsibility?

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing (...) x into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 564-565 [Access article in PDF] Samuel J. Kerstein. Kant's Search for the Supreme Principle of Morality. New York: Cambridge University Press, 2002. Pp. xiv + 226. Cloth, $60.00. Summed up in a sentence, this book is both a critical examination of Kant's claim to have derived a supreme moral principle and a limited defense of Kant's project (...) that appears to depart significantly from Kant's own approach. Methodologically, a large portion of this book is devoted to analyzing various key concepts and claims about the nature of the categorical imperative in the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason and testing them against "everyday" moral intuitions via numerous examples and counterexamples.Kerstein begins by distinguishing between the tasks of deduction and derivation of a supreme moral principle, whereby a deduction is understood as an argument for the existence of a supreme moral principle, and a derivation simply assumes this conditionally and goes on to argue that a particular principle and no other can claim the title. Kerstein waives the discussion of whether Kant succeeds in giving a deduction and hence satisfactorily refutes moral skepticism. His focus in the book is on the derivation proposed primarily in Groundwork I and II that if there is a supreme moral principle, then it must be that law expressed in his formulations of the Categorical Imperative (hereafter "CI"). Kerstein addresses Bruce Aune's "traditional" reading of Kant's derivation, wherein the argument utterly fails because Kant allegedly infers a relatively substantive command ("Act only on that maxim which you can at the same time will to be universal law") from a purely formal, higher order, and hence relatively empty one ("Conform your actions to universal law"). He then devotes a chapter each to two recent, influential defenses of Kant's derivation that seek his argument outside the Groundwork. Kerstein addresses Henry Allison's attempt to rescue the derivation via an account of agency rooted in Kant's notion of transcendental freedom, elaborated in the second Critique. Kerstein rejects Allison's reconstruction on the grounds that it remains too abstract to generate the degree of specificity arrived at in Kant's Groundwork universalization formulation. Chapter Three examines Christine Korsgaard's alternative reconstruction of Kant's argument that focuses on the formulation of humanity ("Act so as to treat humanity, whether in your own person or that of any other, always as an end and never as a means only"). He rejects her interpretation because, again, the move from the abstract command to conform to universal law to the substantive formulation about humanity as a universally recognizable unconditional good fails. From the former, more abstract claim, he argues, it does not follow that there is a universally recognizable unconditional good, let alone that this good is humanity in itself (and not, say, utility [happiness], or even some intrinsic value unrelated to humanity, both of which Kant rejects as candidates for the unconditionally good).In his own reconstruction, Kerstein dissolves the criticism of the traditional reading of Kant's Groundwork derivation of the formula of universal law by simply denying that Kant [End Page 564] argues directly from the more generic principle to the specific versions of the CI (91ff). Instead he suggests that Kant's argument is less direct, made by way of laying out a set of criteria that any supreme principle must meet, and showing how the CI meets them while no other candidates can. In the second half of the book he takes a painstaking and critical look at a total of eight criteria, each of which Kant holds to be necessary and together are jointly sufficient for establishing the CI as "the supreme norm for the evaluation of the moral permissability and requiredness of an action, but not of its moral value" (165). This statement includes Kerstein's most controversial and interesting reconstructive claim, namely his denial that moral worth attaches only to actions done in accordance with duty as determined by the test... (shrink)

Kant's Moral Law: Groundwork of the Metaphysics of Morals ranks with Plato's Republic and Aristotle's Ethics as one of the most important works of moral philosophy ever written. In Moral Law, Kant argues that a human action is only morally good if it is done from a sense of duty, and that a duty is a formal principle based not on self-interest or from a consideration of what results might follow. From this he derived his famous (...) and controversial maxim, the categorical imperative: "Act as if the maxim of your action were to become by your will a universal law of nature." H. J. Paton's translation remains the standard in English for this work. It retains all of Kant's liveliness of mind, suppressed intellectual excitement, moral earnestness, and pleasure in words. The commentary and detailed analysis that Paton provides is an invaluable and necessary guide for the student and general reader. (shrink)

Some commentators have condemned Kant’s moral project from a feminist perspective based on Kant’s apparently dim view of women as being innately morally deficient. Here I will argue that although his remarks concerning women are unsettling at first glance, a more detailed and closer examination shows that Kant’s view of women is actually far more complex and less unsettling than that attributed to him by various feminist critics. My argument, then, undercuts the justification for the severe feminist critique of (...) Kant’s moral project. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 485 consent to suffer or die? Consent, contractual obligations, and free acts of commitment certainly have a place in a complete ethical theory. But do they have the only place? If Wolff has consigned certain of Kant's central theses to the deep, he also has managed to salvage and restore others. In The Right and the Good, for instance, Ross argues that it is logically absurd (...) to suppose that we ought to act from a sense of duty. But Wolff argues convincinglythat "what Kant actually says is that our acts have moral worth only insofar as they are done from a certain motive (namely, respect for the law). Their rightness is quite independent of their motive. We have, according to Kant, an obligation to do what is right. We do not have an obligation to perform morally meritorious acts" (p. 81). Wolff also manages to shed light on Kant's analysis of rational agency and the nature of will. He enables us to see more clearly than Kant himself does that "will" does not name a faculty but rather has a home in such phrases as "to have a will" which, in turn, "simply means to be capable of being moved by reason rather than by natural causes.... To be free is simply to be moved by reason" (p. 216). Despite its flaws as a commentary, The Autonomy of Reason contributes significantly to our understanding of Kant and the problems he addresses. Wolff's critique is especially valuable because it attempts to relate Kant's ethics to his metaphysics and epistemology in more than a superficial manner. If it does not always succeed, it never ceases to be provocative, imaginative, and well-argued. The Autonomy of Reason offers us a flesh opportunity not only to grapple with the central problems of Kantian ethics but to face the central issues of contemporary ethics as well. HANS OBERDIEK Swarthmore College Philosophic als System bei Fichte Schelling und Hegel. By Adolf Schurr. (Stuttgart-Bad Cannstatt: Friedrich Frommann, 1974, Pp. 192. DM 58) Fichte and Schelling often seem to have existed merely to serve as a bridge between the genius of Kant and Hegel. Whether or not they deserve better can here be left unanswered, but in any case Schurr's study has supported this common conception. It begins with a "Kantian" Fichte, passes through a confused Schelling, and ends with a young and confident Hegel. The particular topic developed by Schurr is the attempts made by Fichte and Schelling to forge a unitary system from the brilliant yet fundamentally unresolved conceptions of the Kantian legacy. The study was initiallyprepared as Schurr's Habilitationschrift at Regensburg University, and it evidences all of the virtues and vices of these advanced forms of doctoral dissertations: it is orderly and firmly documented, virtues that when pressed pass into the vices of a deadening style and an uninspired recital of textual references. Perhaps the best single term encompassing these virtues and vices is "conscientiousness." The study should arouse neither speculative enthusiasm nor scholarly disdain, being principally a direct and uncomplicated exposition of some central principles found in the philosophy of Fichte, the thought of young Schelling, and a single text of Hegel. It covers the brief historical period from Fichte's review of Schulze's Aenesidemus in 1794 to the appearance of Hegel's 1801 study Differenz des Fichteschen und Sehellingsehen Systems der Philosophic. The work, then, is naturally divided into three chapters of uneven length. Were the reader to rely upon pagination alone to determine importance, Fichte leads by far, and Hegel is the least, being granted only nineteen pages. Insofar as each philosopher is confined to his chapter, the length allowed seems more than usually significant. In this regard, as the final chapter on Hegel can hardly be said to touch directly upon Hegel's own conception of a system, the title of Schurr's work could be misleading to anyone more closely interested in Hegel. 486 HISTORY OF PHILOSOPHY The work lacks both a general introduction and a conclusion, not only as separate sections but in any form whatsoever. Certainly the reader is prepared, for whatever unspoken necessity, to surrender such amenities... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 564-565 [Access article in PDF] Samuel J. Kerstein. Kant's Search for the Supreme Principle of Morality. New York: Cambridge University Press, 2002. Pp. xiv + 226. Cloth, $60.00. Summed up in a sentence, this book is both a critical examination of Kant's claim to have derived a supreme moral principle and a limited defense of Kant's project (...) that appears to depart significantly from Kant's own approach. Methodologically, a large portion of this book is devoted to analyzing various key concepts and claims about the nature of the categorical imperative in the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason and testing them against "everyday" moral intuitions via numerous examples and counterexamples.Kerstein begins by distinguishing between the tasks of deduction and derivation of a supreme moral principle, whereby a deduction is understood as an argument for the existence of a supreme moral principle, and a derivation simply assumes this conditionally and goes on to argue that a particular principle and no other can claim the title. Kerstein waives the discussion of whether Kant succeeds in giving a deduction and hence satisfactorily refutes moral skepticism. His focus in the book is on the derivation proposed primarily in Groundwork I and II that if there is a supreme moral principle, then it must be that law expressed in his formulations of the Categorical Imperative (hereafter "CI"). Kerstein addresses Bruce Aune's "traditional" reading of Kant's derivation, wherein the argument utterly fails because Kant allegedly infers a relatively substantive command ("Act only on that maxim which you can at the same time will to be universal law") from a purely formal, higher order, and hence relatively empty one ("Conform your actions to universal law"). He then devotes a chapter each to two recent, influential defenses of Kant's derivation that seek his argument outside the Groundwork. Kerstein addresses Henry Allison's attempt to rescue the derivation via an account of agency rooted in Kant's notion of transcendental freedom, elaborated in the second Critique. Kerstein rejects Allison's reconstruction on the grounds that it remains too abstract to generate the degree of specificity arrived at in Kant's Groundwork universalization formulation. Chapter Three examines Christine Korsgaard's alternative reconstruction of Kant's argument that focuses on the formulation of humanity ("Act so as to treat humanity, whether in your own person or that of any other, always as an end and never as a means only"). He rejects her interpretation because, again, the move from the abstract command to conform to universal law to the substantive formulation about humanity as a universally recognizable unconditional good fails. From the former, more abstract claim, he argues, it does not follow that there is a universally recognizable unconditional good, let alone that this good is humanity in itself (and not, say, utility [happiness], or even some intrinsic value unrelated to humanity, both of which Kant rejects as candidates for the unconditionally good).In his own reconstruction, Kerstein dissolves the criticism of the traditional reading of Kant's Groundwork derivation of the formula of universal law by simply denying that Kant [End Page 564] argues directly from the more generic principle to the specific versions of the CI (91ff). Instead he suggests that Kant's argument is less direct, made by way of laying out a set of criteria that any supreme principle must meet, and showing how the CI meets them while no other candidates can. In the second half of the book he takes a painstaking and critical look at a total of eight criteria, each of which Kant holds to be necessary and together are jointly sufficient for establishing the CI as "the supreme norm for the evaluation of the moral permissability and requiredness of an action, but not of its moral value" (165). This statement includes Kerstein's most controversial and interesting reconstructive claim, namely his denial that moral worth attaches only to actions done in accordance with duty as determined by the test... (shrink)

Kant is the philosophical tradition's arch-anti-consequentialist – if anyone insists that intentions alone make an action what it is, it is Kant. This chapter takes up Kant's account of the relation between intention and action, aiming both to lay it out and to understand why it might appeal. The chapter first maps out the motivational architecture that Kant attributes to us. We have wills that are organized to action by two parallel and sometimes competing motivational systems. One determines us (...) by way of motives that are sensuous, natural and given from without, the other by motives that are intellectual, rational, and given from within. Each set of motives belongs to a system of laws – natural motives to the laws of nature, rational motives to the laws of freedom. For Kant, all things, including actions, are what they are in virtue of the laws governing them; actions, qua actions, are always governed by laws that govern individual wills. These laws are Kantian maxims, 'or subjective practical laws.' Maxims, for Kant, thus make actions the actions they are. The chapter then maps out the implications of this motivational architecture for Kant's theory of value. Maxims always advert to or 'contain' both ends and means. Ends are always specifications of one of two ultimate ends. Actions have the moral value they have depending on which of two ultimate ends the maxim adverts to. The possibilities are 'happiness,' or gratification of desires with sensuous origins, and 'duty,' or accord with the moral demand to will in ways that respect free rational agency wherever it is found. Only actions aimed at the latter – actions with rational motives – have moral value. Actions aimed at the former – actions with natural motives – though not immoral in themselves, become so when pursuit works against rational motives. For Kant, actions aimed at happiness are ultimately allied with efforts to sustain our 'animal' existence, and so are governed by terms and conditions given by the natural world. Actions aimed at duty, in contrast, are ultimately allied with efforts to impose a rational form on nature, to make it over, so to speak, according to values not given by nature itself. Actions aimed at duty, therefore, create a specifically moral world, one in which mores and norms, formal and informal arrangements, institutions, policies, and so on, realize, harmonize, and promote free rational agency itself. Finally, the chapter addresses motivations for Kant's view. The architecture of will and the theories of action and value he proposes allow Kant to accommodate a host of intuitions and commitments. His view makes room for metaphysically free agency, and for the lived experience of motivational freedom from ever-changing natural desires. It makes room for conflicts within the will while still holding out hope that resolution is possible. It accommodates views that the best human lives engage 'higher' faculties in sustained ways. It identifies a stable, necessary, universal end amidst the evident contingency, pluralism, and instability of most ends. It makes us, and not God or nature, the authors of our moral lives. In the end, Kant's 'anti-consequentialism,' his focus on intentions, is a way of insisting on actions that take their character and value from what should matter most to us, namely individual and collective free rational agency, rather than only and always taking the character of reactive responses to circumstance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant’s Theory of ActionLara DenisRichard McCarty. Kant’s Theory of Action. Oxford-New York: Oxford University Press, 2009. Pp. xxiv + 250. Cloth, $74.00.This significant, stimulating contribution to Kantian practical philosophy strives to interpret Kant’s theory of action in ways that will increase readers’ understanding and appreciation of Kant’s moral theory. Its thesis is that Kant combines metaphysical freedom and psychological determinism: our actions within the phenomenal world are (...) causally determined by our prior psychological states in that world and are appearances of our free action in the noumenal world. McCarty argues for a metaphysical, “two-worlds” interpretation of Kant’s transcendental distinction between appearances and things in themselves over epistemological or methodological “two-standpoints” interpretations familiar from Christine Korsgaard [End Page 533] and Henry Allison (along the way, McCarty also challenges Allison’s “Incorporation Thesis”). Some of the book’s arguments are textual, displaying perceptive readings of Kant’s lecture notes, published works, and philosophical influences. Others primarily concern the philosophical plausibility or moral tenability of various positions one might attribute to Kant. The book’s greatest strength is McCarty’s positive account of Kant’s theory of action. He presents a coherent, even elegant, two-worlds model. His interpretations of maxims, incentives, empirical character, and Gesinnung are insightful.The book’s first two chapters introduce McCarty’s understanding of maxims and incentives and begin tackling what he calls “the problem of justification and explanation.” Chapter 3 defends the claim that Kant embraced psychological determinism. Chapters 4 and 5 present McCarty’s two-worlds interpretation of the transcendental distinction, defend it from objections, and argue for its superiority over two-standpoint interpretations. Chapter 6 focuses on moral motivation, presenting respect for the moral law as an incentive capable of explaining morally justified actions, and distinguishing between morally worthy and virtuous action so as to defend Kant’s ethics from common objections. Chapter 7 similarly disentangles notions of a good will and virtue, provocatively claiming that all human agents have both a good will and virtue. The main task of chapter 7, however, is analysis of the radical evil in human nature. Chapter 8 raises questions about Kant’s conception of the highest good—particularly, the afterlife in which we are to continue our moral progress—as an object of rational hope.I read the book’s main argument as follows:1. Kant’s theory of action must solve “the problem of justification and explanation”: it must show how the reasons that justify a judgment that one ought to do something can also explain one’s doing it. Kant’s theory of action must solve this problem because if what justifies an action cannot also explain it, such justification is “irrelevant.” Only if our actions are explicable in terms of practical reasoning is justification of action by practical reasoning (e.g. by reference to hypothetical or categorical imperatives) “relevant” to our conduct. The problem of justification and explanation arises as it does within Kant’s ethics because Kant holds that pure reason is capable of issuing in action; yet he also holds that human beings and other imperfectly rational agents do not invariably act as we recognize we ought. So we cannot explain our acting as we ought (when we do) simply by appeal to “ought implies can,” internalism, or “the causality of freedom.”2. Psychological determinism, combined with a metaphysical interpretation of Kant’s transcendental distinction, allows Kant to solve the problem of justification and explanation. Through a timeless, free act in the noumenal world, we each fix our empirical character, which serves as the “causal law” for our actions in the phenomenal world. Maxims, which function as both major premises in practical syllogisms and rules of our empirical characters, provide bases for both the imperatival justifications and motivational explanations of human actions. The “logical force” of a maxim justifies action on it; the “psychological force” of the maxim—specifically, of the incentive incorporated into the maxim—explains action on it.3. Psychological determinism is compatible with and beneficial for Kant’s moral theory. Most crucially, it is compatible with the freedom necessary for moral agency and responsibility.4. Two-standpoint... (shrink)

It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that the (...) 'international' realm was characterised by the independence of states existing 'in the state and posture of gladiators', thus apparently denying that legal rules or practices or legal thinking could have much relevance therein. Yet others believed, as Immanuel Kant did, that without a constitutional vocabulary not much that was meaningful could be said about the human pursuit of freedom, and that silence about the latter would not only constitute a moral failure but an intellectual and perhaps political mistake. For a long time, the idiom of natural law claimed to offer a universally valid frame for thinking about the nature of the political, as well as providing authority for lawyers' speculations about the rules and principles governing the conduct of individuals and corporate bodies wherever they might move. The name of the relevant discipline at German universities from the late seventeenth century onwards-ius naturae et gentium, the law of nature and of nations-revealed the full scope of its ambition. That discipline may have died away (although that is a debatable proposition) but any political thinking worth its salt will today (perhaps especially in the twenty-first century) aim to say something about how authority emerges, is maintained or critiqued not only within but also outside the single state. The world of 'nations' or even 'humanity' is established as an important theme of political and legal speculation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant’s Just War TheoryBrian OrendKant is often cited as one of the first truly international political philosophers. Unlike the vast majority of his predecessors, Kant views a purely domestic or national conception of justice as radically incomplete; we must, he insists, also turn our faculties of critical judgment towards the international plane. When he does so, what results is one of the most powerful and principled conceptions of international (...) justice ever constructed. Kant’s central concept, that it is a demand of our own practical reason that we forge a cosmopolitan federation of free republics, based on the rule of law, human rights, and cultural and commercial development, still resonates today as a plausible and hopeful prescription for humanity’s future.Much of Kant’s international theory has recently received searching analysis and evaluation. But the bulk of this consideration has focused on Kant’s descriptive, as opposed to prescriptive, claims. Lavish attention, for example, has been showered on his assertion that perpetual peace is inevitable—that our natural antagonism will irresistibly incline us, after many failures, to establish an international juridical condition. Comparatively little has been done on thoroughly evaluating Kant’s normative claims of international justice, particularly with regard to his ideal corpus of international law and his concrete recommendations for moving from a global state of nature to a cosmopolitan civil society.1In this paper, I would like to contribute to the latter task by focusing on the moral problem that war poses as, arguably, the most frequent and severe cause [End Page 323] of ruptures in the functioning of the international system.2 In particular, I would like to argue in favour of the controversial, and original, thesis that Kant has a just war theory.3 I would then like to develop that theory in some detail and to explain its strength and suggestiveness. The focus on war seems both helpful and timely. It is helpful in that it provides a specific, graphic example with which one can apprehend more clearly the abstract architecture of Kant’s international vision. It is timely in that, in the wake of the very recent conflicts in Bosnia and Rwanda, and in light of the subsequent formation of the International War Crimes Tribunals at The Hague, renewed attention has been paid to considering what, if anything, constitutes a just war and what is permitted, and what punishable, in terms of conduct in war. A rigorous consideration of what one of the true giants of moral philosophy thought about these issues can only serve to illuminate our understanding of these current events.1. THE TRADITIONAL READING OF KANT: NO JUST WARNearly every commentator on Kant’s international theory of justice who discusses the problem of war in any detail believes that Kant not only has no just war theory, but that he is, moreover, a vicious critic of the core propositions of classical just war theorists, such as Augustine, Aquinas, and Grotius. Howard Williams, for example, says that “Kant has no theory of just war … (j)ustice and war are in conflict with one another and it is our duty as human beings to try to overcome war.” Fernando Teson contends that “Kant dismisses the idea that there could be a just war” and Georg Geismann asserts that, for Kant, “there is no such thing as a just war.” Similarly, W. B. Gallie asserts that “Kant agreed … that nothing but confusion and harm resulted from regarding any wars as just … ” There is a bevy of quotes in the Kantian corpus to support this reading.4One prominent anti-just war quote occurs in Perpetual Peace, when Kant [End Page 324] reflects on the contributions of traditional just war theorists and arrives at the following judgment:It is therefore to be wondered at that the word right has not been completely banished from military politics as superfluous pedantry, and that no state has been bold enough to declare itself publicly in favour of doing so. For Hugo Grotius, Pufendorf, Vattel and the rest (sorry comforters as they are) are still dutifully quoted in justification of military aggression, although their philosophically or diplomatically formulated codes do not and... (shrink)

Schelling’s middle period works have always been a source of fascination: they mark a break with the idealism (in both senses of the word) of his early works and the Fichtean and then Hegelian tradition; while they are not weighed down by the reactionary burden of his late lectures on theology and mythology. But they have been equally a source of perplexity. The central work of this period, the Essay on Human Freedom (1809) takes as its topic the moral (...) problem of freedom, but spends much of its time telling a mystical-metaphysical story about the creation of the world that attempts to paint a picture of a kind of irreducible metaphysical contingency in nature. What is the relation between the moral and the metaphysical elements of the Freedom essay? It has never been obvious. But some recent Anglophone scholarship suggests an answer. In her Freedom and Reason in Kant, Schelling and Kierkegaard (2006) Michelle Kosch presents a strong case for the view that Schelling’s Freedom essay is motivated by a critique of Kant’s conception of autonomy in ethics. The idea is that Kant’s problems start not if he fails to show that it is rational to be moral, but if he succeeds. For if he does, then it is irrational to be immoral, and hence it is impossible for a rational agent to act immorally: an act not in conformity with duty is evidence of irrationality (perhaps one’s rational agency has been thwarted by pathological inclinations). This is broadly the Socratic position: evil, as a knowing immoral act, is not possible. Officially Kant rejects the classical view, most explicitly in his 1793 Religion with the Bounds of Mere Reason, for a Christian position in which freedom is understood as the freedom to choose between good and evil without thereby abandoning one’s agency. But he has no obvious means for doing so. Kosch attempts to show that Schelling comes, by 1809, to identify his early work with something like this Kantian dilemma: we are as badly off when it comes to our freedom if we are pushed around by reasons as if we are pushed around by causes: the Hegelian ruse of reason is as inimical to our agency as phenomenal determinism. The Freedom essay is the result of Schelling’s attempt to defend a muscular, Christian conception of the possibility of evil. Nevertheless, for Kosch, Schelling’s move to the metaphysical level is still problematic: just where one would expect an account of norms that does not infer them from our rational autonomy, we get, puzzlingly, a cosmology. I will argue that Kosch’s matrix for interpreting Schelling in fact does give us a way of understanding Schelling’s metaphysics of contingency. In broad outline, Schelling’s argument is that our choice of metaphysical schema is constrained by a correct understanding of agency: the world cannot be causally determined because that is inconsistent with our understanding of ourselves as agents; but equally the world cannot be rationally determined, and for the same reason. Schelling’s metaphysics of contingency is an unpacking of the consequences of this inference, and not a botched attempt to ground values outside of rational autonomy. (shrink)

The paper is devoted to the analysis of Kant’s approach to the ideas of universality and autonomy as the constitutive features of morality. The paper shows that Kant’s findings concerning these ideas were anticipated by the previous history of moral philosophy, mainly by the modern moral philosophers, who focused specifically on the elaboration of the philosophical concept of morality. Kant’s peculiar role was that, firstly, he conceptualized the ideas of universality and autonomy and formulated corresponding principles; secondly, Kant (...) integrated both principles into the concept of moral law and revealed the way by which the formula of universality and the formula of autonomy together with formula of humanity constitute the supreme principle of morality and essentially express the sense of morality itself. Kant believed that the reason for the failure of the previous attempts to explicate the supreme principle of morality was inability to understand that the moral agent is subject not only to universal but at the same time his own legislation. Thirdly, Kant, unlike his predecessors, in his examination of universality didn’t appeal to the human nature or nature of things. Fourthly, he underlined that the principle of universality and the principle of autonomy were not only interconnected but also shaped each other: the determination of will may be identified as a universal principle only if it is given through a moral agent’s rational will. And a moral agent may be identified as autonomous only if in his decisions and actions he is guided by principles that are universalizable. (shrink)

This paper argues that Hegel’s Philosophical Outlines of Justice develops an incisive natural law theory by providing a comprehensive moral theory of a modern republic. Hegel’s Outlines adopt and augment a neglected species of moral constructivism which is altogether neutral about moral realism, moral motivation, and whether reasons for action are linked ‘internally’ or ‘externally’ to motives. Hegel shows that, even if basic moral norms and institutions are our artefacts, they are strictly objectively valid (...) because for our very finite form of semi-rational embodied agency they are necessary and because sufficient justifying grounds for these norms and institutions can be addressed to all persons. Hegel’s moral constructivism identifies and justifies the core content of a natural law theory, without invoking metaphysical issues of moral realism, anti-realism, irrealism or ‘truth makers’, etc. I begin with Socrates’ question to Euthyphro to distinguish between moral realism and moral irrealism. I then summarise basic points of constructivist method and how Hume’s theory of justice inaugurates this distinctive species of natural law constructivism. How this approach addresses issues of political legitimacy is highlighted by Rousseau’s juridical innovation. How this approach is better articulated and justified by Kant’s specifically Critical method is briefly considered in connection with his justification of rights to possession, so that we can then recognise Hegel’s natural law constructivism in his Outlines. Hegel’s account of rights to possession corresponds closely to Kant’s, and his account of juridical relations as human interrelations accords with natural law constructivism. This finding is corroborated by some central features of Hegel’s account of Sittlichkeit, including how Hegel adopts, undergirds and augments Rousseau’s and Kant’s Independence Requirement for political legitimacy. (shrink)

Women's exclusion from political enfranchisement in Kant's political writings has frequently been noted in the literature, and yet has not been closely scrutinized. More often than not, commentators suggest that this reflects little more than Kant's sharing in the prejudices of his era. This paper argues that, for Kant, women's civil incapacities stem from defects relating to their capacities as moral agents, and more specifically, to his teleological account of the conditions within which we, as imperfect beings, (...) develop our moral capacities. Women are not incidentally or tangentially excluded from the boundaries of political and moral agency, but rather must adopt an explicitly nonmoral character if we are to understand humanity as moving toward its naturally given, moral ends. I argue (1) that Kant's teleological view of human development requires women to develop an explicitly nonmoral character; (2) that this teleology is inextricable from his view of the moral agency that human—and not merely rational—beings are capable of; and (3) that taken together, these suggest that women's subordinate status is internally connected to Kant's view of moral personhood. (shrink)

In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by (...) Hume, Rousseau, Kant, and Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

Andrews Reath presents a selection of his best essays on various features of Kant's moral psychology and moral theory, with particular emphasis on his conception of rational agency and his conception of autonomy. The opening essays explore different elements of Kant's views about motivation, including his account of respect for morality as the distinctive moral motive and his view of the principle of happiness as a representation of the shared structure of non-moral choice. These (...) essays stress the unityof Kant's moral psychology by arguing that moral and non-moral considerations motivate in essentially the same way. Several of the essays develop an original approach to Kant's conception of autonomy that emphasizes the political metaphors found throughout Kant's writings on ethics. They argue that autonomy is best interpreted not as a psychological capacity, but as a kind of sovereignty: in claiming that moral agents have autonomy, Kant regards them as a kind of sovereign legislator with the power to give moral law through their willing. The final essays explore some of theimplications of this conception of autonomy elsewhere in Kant's moral thought, arguing that his Formula of Universal Law uses this conception of autonomy to generate substantive moral principles and exploring the connection between Kantian self-legislation and duties to oneself. The collection offers revised versions of several previously published essays, as well as two new papers, 'Autonomy of the Will as the Foundation of Morality' and 'Agency and Universal Law'. It will be of interest to all students and scholars of Kant, and to many moral philosophers. (shrink)

Now available Open Access! See the Bloomsburycollections URL below. -/- Correct bibliographical information is as follows: Gottfried Achenwall, _Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy_, edited by Pauline Kleingeld, translated by Corinna Vermeulen, with an Introduction by Paul Guyer. London: Bloomsbury, 2020. -/- As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for anyone interested in (...) Kant, the natural law tradition or the history of legal and political theory. For over twenty years, Kant used this book as the basis for his lectures on natural law. It influenced his legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s Feyerabend Lectures on Natural Law and his Metaphysics of Morals. -/- Articulating his theory of natural law with clear definitions and precise distinctions, Achenwall offers a lucid account that includes instructive comparisons with the work of Grotius, Hobbes, Pufendorf, Wolff and others. The volume also contains an Introduction by the eminent Kant scholar Paul Guyer, comparing Achenwall’s theory to the legal and political philosophy of Kant’s Doctrine of Right, and a concordance correlating Achenwall’s Natural Law to Kant’s Feyerabend Lectures on Natural Law. (shrink)

This study presents a defense of Kant's doctrine of the Highest Good. Though generally greeted with skepticism, I propose an interpretation that makes it an integral part of Kant's moral philosophy, which adds to the latter in interesting ways. Kant introduces the Highest Good as the final end of moral conduct. I argue that it is best understood as an end to be realized in history through human agency: a state of affairs in which all individuals (...) act from the Moral Law, and in doing so achieve their intended ends. Part One is a discussion of the Moral Law oriented towards showing how it can generate a final end. I proceed by showing how Kant's conception of duty and moral conduct incorporates a concern for ends and consequences. Included is a discussion of the concept of the good as object of pure practical reason, which is the basis for the Highest Good in Kant's system. Part Two is a survey of the texts which shows that they in fact contain different versions of the Highest Good. The aim here is an interpretation that states the leading idea and yields a way of saying what is essential. Though the Highest Good is commonly viewed as a theological ideal in which happiness would exist in proportion to virtue, I argue that a complete account can be given, faithful to the texts, in which neither feature appears. Here lies the key to my defense. Standard objections do apply to the Highest Good so conceived. But since neither the theological aspect nor the proportionality of happiness and virtue are essential features of the doctrine, the problems they raise do not affect the doctrine as a whole. Moreover, a secular alternative is found that is more consistent wth Kant's overall conception of moral conduct. It would be characterized by two distinct ends: the moral perfection of all individuals and the satisfaction of their permissible ends. (shrink)

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to (...) a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call "human rights." Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Nèstor Garcìa Martìnez, Mario Å ilar and Josè M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors's choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book. Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aquinas and Black Natural LawThomas S. HibbsIn 1857, after the United States Supreme Court ruling in Dred Scott, Frederick Douglass chastised the court for arrogating to itself the role of God, that of being absolute judge. While the Supreme Court has its own authority, he argued, "the Supreme Court of the Almighty is greater. Taney can do many things but he cannot change the essential nature of (...) things—making evil good and good, evil."1 The passage is one of many in Vincent Lloyd's Black Natural Law that underscore the appeals of African American leaders, as part of their critique of slavery and segregation, to a higher or more fundamental law than that of human law. Lloyd describes the function of natural law reasoning, which he traces through the writings of Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King Jr., in this way: From the careful examination of a "particular view of human nature" and its implications, they "apply those implications to the specifics of an ethical or political debate."2 That sounds similar to the way some contemporary Catholic proponents of natural law depict their own deployment of it. Early in the book, Lloyd suggests that "European and Catholic natural law traditions can learn much from the black natural tradition."3Concerning what might be learned, he focuses on an expansive conception of reason in the African American tradition, a conception of reason that is integrated with the role of emotion or passion and that is not [End Page 943] individualistic, but communal. He also underscores the epistemic privilege of the oppressed, the way suffering injustice attunes us to justice. Beyond the themes mentioned explicitly by Lloyd, I would add the paradoxical claim that natural law teaching is not just about the accessibility of fundamental precepts of justice, but also about the human capacity for moral blindness and the way in which the violation of the natural law is in important ways its own punishment. Because of the regularity of such blindness, attention to the obstacles to the perception of the natural law must become "part of the very activity of natural law." The ways in which these matters are articulated by African American authors can be, as Lloyd suggests, highly instructive. I would add that Lloyd's treatment of natural law in the African American tradition can also be fruitful for recovering neglected features of Aquinas's account. In what follows, I want to take up each of these themes and set them in conversation with the texts of Aquinas. As Alasdair MacIntyre, among others, has urged, seeing one's own tradition from the perspective of another, can, at a minimum, help us see it more clearly.4 As MacIntyre also notes, any such attempt faces the difficulties of translating from one tradition or community of inquiry to another. I must, accordingly, stress the limitations to the current essay, which can be nothing more than a preliminary investigation. I will largely be taking Lloyd's interpretation of the authors he studies as my assumed starting point, although in some cases I will offer my own reading of texts and authors he considers.5 What I will provide will be no more than an initial conversation, a first reading of Lloyd's theses in relation to germane themes and arguments in Aquinas. A much longer exchange, based on an immersive study of selected African American texts and the chief commentaries on them would be needed to advance the [End Page 944] conversation further. Before doing so, however, I want to provide a further reason that Catholic natural law thinkers should be eager to engage the Black natural law tradition, a reason derived from Joseph Ratzinger's reflection on the strange situation of natural law in the modern world.Ratzinger on the Vanishing Evidence for Natural Law and the Engagement of Wisdom TraditionsAs the contemporary Catholic natural law theorist Russell Hittinger has shown,6 Ratzinger, as a ressourcement theologian, is a critic of "rationalism," with "little confidence" in the older, "moral-juridical manualist and casuistical approach to natural law, which was prominent in casuistical approaches."7 In fact, he thinks that... (shrink)

This paper examines two main aspects of Kant‟s systematic moral philosophy. Firstly, Kant‟s conception of „The Moral Law within‟ is elucidated with strict reference to Kant‟s overall, holistic picture of critical philosophy. The Moral Law is intriguing in the history of moral philosophy as it is framed by an unorthodox epistemological and ontological structure. Kant‟s position is that we must limit knowledge in order to make room for faith. This move will be discussed in an analysis (...) of what can be known about The Moral Law. Secondly, certain claims made by Kant regarding morality will be examined through the lens of his Categorical Imperative. However, the problematic issues I expound are not merely errors of logic. Rather, I find that implicit in Kant‟s moral system lies an insidious moral absolutism. Kant‟s system does not embrace heterogeneity of individual freedom. Instead, it non-critically projects Kant‟s own perspectives on morality and reduces the complexities of different individuals to one absolute, ideal, type of individual. Finally, this analysis illustrates the radical shifts that have been made in thinking about the world and our place within it. (shrink)

Kant’s view of human beings is, as much of his philosophy, notoriously based on the dichotomy between the phenomenal and the noumenal world. This dichotomy digs a rift across human beings by separating the animal and the rational parts of their nature, their heteronomous and autonomous components, their sense of duty and their self-love. Human beings, for Kant, inhabit both worlds. Now, such a dichotomic view generate tensions. On the one hand, even if we agree with Kant that the fundamental (...) moral norms are constitutive of our rational and autonomous agency and therefore inescapable, it remains unclear whether and how far these norms can motivate finite and heteronomous human beings, normally concerned with their own ends, interests and inclinations. On the other hand, although moral actions may express and incarnate who we really are as rational beings, they may nonetheless leave us with an unfulfilled but legitimate need to reconcile morality with our own ends as finite, animal beings, inevitably concerned with living our own lives. Sasha Mudd describes these phenomena as two forms of alienation: moral alienation (the estrangement of the heteronomous agent, motivated by happiness and inclinations, from a morality perceived as alien, foreign, and hardly motivating) and practical alienation (the estrangement of the autonomous moral agent from her empirical and heteronomous dimension – her projects, desires, aspirations, inclinations, and so on). On Mudd’s account, Kant successfully escape the first kind of alienation through his doctrine of respect. Here I argue, contra Mudd, that there are at least two ways in which Kant leaves moral agents alienated from morality itself. (shrink)

Kant’s justification of possession appears to beg the question (petitio principii) by assuming rather than proving the legitimacy of possession. The apparent question-begging in Kant’s argument has been recapitulated or exacerbated but not resolved in the secondary literature. A detailed terminological, textual, and logical analysis of Kant’s argument reveals that he provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it (...) is in Kant’s Critical sense ‘metaphysical’ because it applies the pure a priori ‘Universal Principles of Right’ to the concept of finite rational human agency. The application of this principle implicitly involves a ‘Contradiction in Conception’ test. I explicate this test in detail and show, inter alia, how Kant’s argument relates to the modern natural law tradition. I further argue that Kant’s ‘Universal Principle of Right’ is justified by appeal to a fundamental principle of justification, the Principle of Mutual Acceptability. This justification also suggests that the debate between Kantians and Utilitarians about whether human ‘dignity’ is an incommensurable value is moot because Kant’s test of the Categorical Imperative need not appeal to ‘dignity’. Finally, I show that the limited rights to possession and use justified by Kant’s argument suffice for his social contract argument for the legitimacy of the state. (shrink)

Immanuel Kant's moral philosophy is one of the most distinctive achievements of the European Enlightenment. At its heart lies what Kant called the "strange thing": the free rational human will. This introduction explores the basis of Kant's anti-naturalis, secular, moral vision of the human good. Moving from a sketch of the Kantian will, with all its component parts and attributes, to Kant's canonical arguments for his categorical imperative, it shows why Kant thought his moral (...) law the best summary expression of both his own philosophical work on morality and his readers' deepest shared convictions about the good. Kant's central tenets, his key arguments, and core values are presented in an accessible and engaging way, making this book ideal for anyone eager to explore the fundamentals of Kant's moral philosophy. (shrink)

In Kant’s philosophy nonrational beings are denied moral standing. I argue that Kant's rational humanism is arbitrary and morally impoverished. In particular I show that Kant moves illegitimately from the first formulation of the categorical imperative (which makes no mention of a moral domain) to the second (which limits moral recognition to rational beings). The move to the second formulation relies on a new and unsupported principle introduced by Kant: rational nature and only rational nature (...) exists as an end in itself. (shrink)

Immanuel Kant's moral philosophy is one of the most distinctive achievements of the European Enlightenment. At its heart lies what Kant called the 'strange thing': the free, rational, human will. This introduction explores the basis of Kant's anti-naturalist, secular, humanist vision of the human good. Moving from a sketch of the Kantian will, with all its component parts and attributes, to Kant's canonical arguments for his categorical imperative, this introduction shows why Kant thought his moral (...) law the best summary expression of both his own philosophical work on morality and his readers' deepest shared convictions about the good. Kant's central tenets, key arguments, and core values are presented in an accessible and engaging way, making this book ideal for anyone eager to explore the fundamentals of Kant's moral philosophy. (shrink)

Determinist thought with its sui generis view on life, nature and being as a whole is a point of view that could be observed in many different cultures and beliefs. It was thanks to Greek thought that it ceased to be a cultural element and transformed into a systematic cosmology. Schools such as Leucippos, then Democritos and Stoa attempted to integrate the determinist philosophy into ontology and cosmology. In the course of time, physics and metaphysics-based determinism approaches were introduced, and (...) a wide spectrum has emerged from genetics to behaviorism, from culture to psychology, from atomism to divinity. Determinism, whether physical or metaphysical origin, ignores freedom of will and deny agency competence over human behavior. Due to this feature, it is opposed by ethical theories, legal philosophies and religions. When the arguments for determinism are possible to disprove logically and philosophically, this is not so easy when the claims base themselves on scientific base. As the logical consequence of this novel fact, it is important to question the epistemological value of scientific knowledge and critically analyze the data of experiments and clinical studies in terms of methodology when answering any hypothesis such as neuro-biological, neuro-psychological, or neuro-theological argumentations. On the other hand, it is necessary to reach alternative experiments on the same subject or to show that it is possible to interpret them in different ways, as in the example of the Libet experiment. The neurobiological determinism based on biological reductionism, emerged as the result of ignoring the ontological difference of the mind, equating the mind with the brain, or defining mentality as an epiphenomenon of the brain. The main divergence stems from the acceptance of materialist philosophy. Paradigms that reduce existence only to matter do not take the metaphysical possibilities into account. In this case, although the problems called qualia or subjective experience stand there unresolved, the claim is preserved. Although many new developments such as the discovery of the entropy law, the big bang theory, and quantum physics have shaken the materialist philosophy, modern science resists an epistemological revision. However, with the current epistemology, it does not seem possible to grasp both the universe and the being as a whole. This is the most important reason why every attempt to understand the nature and spiritual side of human beings fails despite numerous experiments on the brain. However, the human brain is an organ that seems sophisticated and its secrets cannot be easily solved. Since there is not enough information about the brain, there is not enough evidence to claim that the brain, and therefore the mind, are part of the deterministic universe. Increasing brain researches since the last quarter of the twentieth century has revealed that genes, neurons and particularly brain chemistry claim much greater role than expected in human behavior. These results have been instrumentalized by some researchers for a radical claim that free will is an illusion, while by others it has led to the acceptance of will as less important over actions than was thought. Both ideas adopted a model of biological determinism in which freedom of will was ignored. Hypotheses based on controversial interpretations of various experiments raised concerns about religious, moral, and legal responsibility. Although man cannot be thought of as a non-free being from the point of view of common sense, the smog screen over the truth would not be lifted unless the scientific data in question had a correct interpretation. At first glance, it seems unreasonable to discuss universal determinism in the quantum universe. Nevertheless, the claim that strong causality prevails in the material world, including consciousness, remains in place. Therefore, firstly criticizing determinism and then examining biological determinism will help to fix the conceptual framework. This article aims to explain why genetics and neurobiology, while acknowledging their importance in the realization of behavior, can’t completely abolish moral agency. Some hypotheses attribute consciousness and free will to the physico-shimic structure of the brain, the random activity of neurons, or the ability to automatically transform inputs into outputs with the advantage of genetic information. This is the most sensitive and important point of being human; it attacks free will. Paradoxically, while global civilization of our time promises infinite freedom to human beings the science of the same age tries to prove that it is not free. (shrink)

Kant's moral philosophy is grounded on the dignity of humanity as its sole fundamental value, and involves the claim that human beings are to be regarded as the ultimate end of nature. It might be thought that a theory of this kind would be incapable of grounding any conception of our relation to other living things or to the natural world which would value nonhuman creatures or respect humanity's natural environment. This paper criticizes Kant's (...) argumentative strategy for dealing with our duties in regard to animals, but defends both his theory and most of his conclusions on these topics. (shrink)

In an earlier discussion, I argued that Kant's moral theory satisfies some of the basic criteria for being a genuine theory: it includes testable hypotheses, nomological higher-and lower-level laws, theoretical constructs, internal principles, and bridge principles. I tried to show that Kant's moral theory is an ideal, descriptive deductive-nomological theory that explains the behavior of a fully rational being and generates testable hypotheses about the moral behavior of actual agents whom we initially assume to (...) conform to its theoretical constructs. I argued that the moral "ought" is best understood as the "ought" of tentative prediction expressed in the range of uses of the German sollen; and that the degree to which such a theory is well-confirmed is a function of the degree to which we actually judge individual human agents, on a case-by-case basis, to be motivated by rationality, stupidity, or moral corruption in their actions. I assume that a similar case could be made for other major contenders, such as Utilitarianism or Aristotelianism. But there still remains unanswered the question of which of these theories is the best among the available alternatives. To answer this question, further criteria of selection must be invoked. Among these are structural elegance and explanatory simplicity, but even these do not exhaust the desiderata for an adequate moral theory. More pressing in the case of moral theory is the requirement that the theory enable us to understand all the available data of moral experience; that the theory be sufficiently inclusive that in the formulation of its descriptive laws and practical principles, it be capable of identifying as morally significant all the behavior to which moral praise, condemnation, or acquittal is a relevant and appropriate response. (shrink)

Few if any of Kant’s critics were more trenchant than Hegel. Here I reconstruct some objections Hegel makes to Kant in a text that has received insufficient attention, the chapter titled ‘the Moral World View’ in the Phenomenology of Spirit. I show that Kant holds virtually all the tenets Hegel ascribes to ‘the moral world view’. I concentrate on five of Hegel’s main objections to Kant’s practical metaphysics. First, Kant’s problem of coordinating happiness with virtue (as worthiness to (...) be happy) is contrived. Kant denies that there is any inherent connection between acting rightly and being happy, but his denial depends on his defining happiness in terms of satisfying inclinations, rather than in terms of achieving ends in general. Second, Kant’s view of moral motivation is contrived; he ultimately admits that we cannot resolve to act without taking inclinations into account. (We cannot resolve to act apart from the matter of our maxim.) Third, Kant’s idea about perfecting our virtue in an infinite progress is incoherent. Kant defines virtue, and evidence of virtue, in terms of overcoming inclinations. Inclinations die with the body. Therefore there can be neither virtue nor evidence of virtue after death. Fourth, Kant’s view of the autonomy of moral agency is inconsistent with viewing the moral law as a divine command. Fifth, Kant’s moral principles cannot be put into practice in concrete circumstances because he supplies inadequate guidance for classifying acts. I conclude that Hegel’s objections to Kant’s practical metaphysics are sound, and I show that the problems Hegel raised against Kant’s account of autonomy and moral motivation are still current, since they have not been resolved, e.g., by Onora O’Neill’s Constructions of Reason. (shrink)

[Allen W. Wood] Kant's moral philosophy is grounded on the dignity of humanity as its sole fundamental value, and involves the claim that human beings are to be regarded as the ultimate end of nature. It might be thought that a theory of this kind would be incapable of grounding any conception of our relation to other living things or to the natural world which would value nonhuman creatures or respect humanity's natural environment. This paper (...) criticizes Kant's argumentative strategy for dealing with our duties in regard to animals, but defends both his theory and most of his conclusions on these topics. /// [Onora O'Neill] Kant's ethics, like others, has unavoidable anthropocentric starting points: only humans, or other 'rational natures', can hold obligations. Seemingly this should not make speciesist conclusions unavoidable: might not rational natures have obligations to the non-rational? However, Kant's argument for the unconditional value of rational natures cannot readily be extended to show that all non-human animals have unconditional value, or rights. Nevertheless Kant's speciesism is not thoroughgoing. He does not view non-rational animals as mere items for use. He allows for indirect duties 'with regard to' them which afford welfare but not rights, and can allow for indirect duties 'with regard to' abstract and dispersed aspects of nature, such as biodiversity, species and habitats. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 259-288 [Access article in PDF] Substitutes for Wisdom:Kant's Practical Thought and the Tradition of the Temperaments Mark Larrimore [Appendix]For much of Western history, the theory of the four temperaments played a vital part in medicine, anthropology, and moral reflection. The Hippocratic foursome of sanguine, choleric, melancholy, and phlegmatic survives on the margins of modernity, but its role in (...) class='Hi'>moral theory and practice has been largely forgotten. Premodern understandings of human diversity based in climate, temperament, and politics collapsed with the Galenic medical tradition with which they harmonized. Yet temperament continued to be a feature of moral philosophies and philosophical anthropologies even into the twentieth century, and arguably has had a symbiotic relationship with the egalitarian aspirations of modern moral and political thought. This essay surveys the development and practical consequences of the theory of the temperaments developed by one of the greatest prophets of modern values, Immanuel Kant.Temperament was a feature in Kant's course in anthropology from the 1760s until the end of his life. Kant's teachings on temperament are by turns creative and conservative, and bespeak a deep understanding of the logic and rationale of humoral characterology in ethics. But as Kant moves from an ethics based in feeling to an ethics based on the possibility of autonomy, his theory of temperament also changes. In 1764's Observations on the Feeling of the Beautiful and the Sublime, Kant eloquently celebrates the melancholy as the temperament capable of "genuine virtue" (Obs2:217-18/60); by the time of Anthropology from a Pragmatic Point of View (1798), he is commending instead "phlegma as strength" (a variant of a temperament he had earlier dismissed), which can serve as a "substitute for wisdom" (Ant7:290/155). 1 Both of these [End Page 259] positions are distinctive, especially for an eighteenth-century thinker. As we will see, however, they are not without precedent in the tradition of temperament theory. Whether Kant knew he was developing countertraditions of temperament or not, his arguments in each case creatively exploit tensions in the humoral system which go back to its origins in ancient Greece.The mature Kant defended the classic foursome at a time when it had come under fire from many quarters. The early nineteenth century historian of temperament theories Harro Wilhelm Dircksen thought Kant played a decisive role in saving the classical theory from oblivion. 2 Why did Kant think it worth retrieving? One would expect him to reject a category which eighteenth-century German Popularphilosophie understood as a proto-psychological category bridging the gap between body and mind, nature and freedom. Yet, as I shall argue, the very things which might seem to render a theory of temperament incompatible with his mature ethics of autonomy make it important to [End Page 260] Kant. An understanding of human embodiment and diversity like that of the tradition of the temperaments forms part of the background to Kant's practical thought, and ethical formalism makes more rather than less sense if difference is taken seriously. For the same reason, it is important to have the right account of diversity. The complicated view of temperament in the Anthropology furnishes a microcosm of Kant's understanding of the fraught role of empirical considerations in recognizing and promoting freedom in rational agents embodied in human form(s).In this essay I will (1) provide a brief survey of the tradition of temperament theorizing before Kant, and expound Kant's (2) early and (3) mature views of temperament in the context of this tradition, as well as in the context of his emerging practical philosophy. 3 Some well-known parts of Kant's ethics make a new kind of sense when read in the light of the fact that their author thought humanity subdivided into temperaments. 1. The Tradition of the Temperaments 1.1. The history of moralizing about and through the temperaments is complex and—once one moves beyond the melancholy—largely uncharted. Here I will... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 44.4 (2006) 623-634 MuseSearchJournalsThis JournalContents[Access article in PDF]Character and Evil in Kant's Moral AnthropologyPatrick FriersonIn the Metaphysics of Morals, Kant explains that moral anthropology studies the "subjective conditions in human nature that help or hinder [people] in fulfilling the laws of a metaphysics of morals" and insists that such anthropology "cannot be dispensed with" (6:217).1 But it is often (...) difficult to find clear evidence of this sort of anthropology in Kant's own works. In this paper, I discuss Kant's account of character as an example of Kantian moral anthropology.Kant's account of character is one of the most important parts of his Anthropology from a Pragmatic Point of View.2 Kant describes the character of the person, in particular, as the "distinguishing mark of the human being as a rational being endowed with freedom" and says that character "indicates what the human being is prepared to make of himself" (7:285). Recently, Kant commentators have gone even further. G. Felicitas Munzel, for example, claims that character is "the systematic link between the moral, aesthetic, and anthropological elements of Kant's works."3 This paper will not investigate the full richness of Kant's account of character. Instead, I focus on one particular problem that arises in Kant's discussion of character—an apparent conflict between the moral relevance of character and the possibility of evil character. By showing why there is an apparent conflict and why it is merely apparent, I show some of the ways in which a particular subjective condition in human nature can help, but not force, people to fulfill the laws of a metaphysics of morals. [End Page 623]1. The Problem: Moral Character and the Case of SullaWhen Kant introduces character in the Anthropology, he distinguishes between the character of the person, of the sex, of the nation, of the race, and of the species. Even within the character of the person, he distinguishes between "natural aptitude," "temperament," and "character purely and simply," all of which are different kinds of individual character. But only the last—the "character purely and simply"4 of a person—"is moral" and "shows what man is prepared to make of himself" (7:285).5 This paper focuses only on that general, moral character.At first, Kant seems to describe general character as morally good. Twice in his opening discussion of character, Kant describes "character" (Charakter) as "moral" (moralische) (7:285), and he insists that "character has an inner worth, and is beyond all price" (7:292). Though not decisive, these comments suggest that one with character has a good will. But Kant goes further, adding that the person with character "relies on principles that are valid for everyone" (7:293). This reference to universally valid principles is picked up later in a way that highlights its moral goodness.For character requires maxims that proceed from reason and morally-practical principles. Therefore one cannot rightly say that the malice of this human being is a quality of his character; for then it would be diabolic. The human being, however, never sanctions the evil in himself, and so there is actually no malice from principles; but only from the forsaking of them.(7:293–94)It seems that Kant could not be more explicit. Character seems to involve acting on the basis of principles that conform to and even flow from "morally-practical principles," which he seems to distinguish from anything evil. This seems quite close to Kant's account of the good will as a will "whose principle is the categorical imperative" (4:444). (Although Kant's precise account of the good will is complicated, for our purposes here it is sufficient to define a good will as a will that consistently acts out of respect for the moral law.6) To have character, it would seem, is to have a good will.But this apparent identification of character with good character does not fit the rest of... (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the (...) notion of 'autonomy' as apt to express the principle of morality---at least in the mid 1780s. (shrink)

It is clear that Kant's theory of motivation plays a central role in his ethical theory as a whole. Nevertheless, it has been subjected to many interpretations: (i) the 'orthodox' interpretation, (ii) the 'Aristotelian' or 'Humean' interpretation and (iii) the 'rationalist' interpretation. The first part of the thesis aims to provide an interpretation of Kant's theory of rational agency and motivation. I argue that the 'orthodox' and 'Aristotelian' interpretations should be rejected because they are incompatible with Kant's (...) conception of freedom, defending an account of Kant's position that goes along the lines of the rationalist interpretation. I show that Kant's theory of motivation is committed to a form of cognitivism, that is, the cognitive aspects of a motive are always the active factors in motivation. In Kant's terminology, the motives are provided by the agent's maxims, which express the reasons from which the agent acts. This part of the thesis examines Kant's theory of imperatives and his theory of motivation for cases of permissible, moral and immoral action. I conclude that in Kant's system, three levels of moral assessment can be distinguished: (i) rightness, (ii) moral worth, and (iii) virtue. However, my interest in Kant's theory is not merely exegetical; thus, the second aim of the thesis is to place Kant's position within the context of the following contemporary debates in metaethics: (i) debates about the relation between moral judgement and motivation, and (ii) debates about the nature of reasons for action, arguing that the Kantian position still represents an attractive philosophical view today. In relation to (i), I argue that Kant is committed to a form of motivational internalism, reconstruct Kant's argument for this view and reply to some possible externalist objections. In relation to (ii), I claim that since Kant's conception of reasons, based on the concept of maxims, differs from an internal conception of reasons (i.e., a conception that identifies reasons with the agent's desires), and from an external conception of reasons (i.e., a conception of reasons that identifies reasons with facts of the agent's situation), the term volitionism should be reserved to describe Kant's position. (shrink)

Drawing on a wide range of Kant's recorded thought beyond his Groundwork for the Metaphysics of Morals, this essay presents an overview of Kant's account of practical agency as embodied practical agency and argues against the intellectualized interpretations of Kant's account of practical agency presented by Christine Korsgaard and Henry Sidgwick. In both Kant's empirical-psychological and metaphysical descriptions of practical agency, he presents a recognizably human practical agent that is broader and deeper than the faculty of (...) reason alone. This agent chooses action from a reflective distance, but not from the complete affective distance of reason. We choose neither as reason alone, nor even as the sum of all of our ‘higher’ faculties, of cognition (including reason), feeling, and desire, in Kant's view. Instead, we choose as an agent that also has ‘lower’, ‘sensible’ faculties, of cognition (including sense), feeling, and desire, which together comprise our ‘sensibility’. These mental states of sensibility are not merely confused versions of our higher cognitions, feelings, or desires, and so different from them in degree only, but are instead distinct from our higher states in kind also; and these distinct sensible states are not dependent on our higher states and so on a commitment to the value of humanity, for example. For this reason, a choice in favour of sensible states and in opposition to the moral law need in no way undermine its own foundations and thus be incoherent, as Korsgaard and Sidgwick argue, but instead only immoral. Because Kant does not reduce the problem of immoral choice to one of insufficient reflection and ensuing confusion, he does not view moral progress in cognitive terms alone, whether in the form of a clearer understanding of the moral law, improved judgment in applying it, or deeper insight into our own nature as practical agents. Kant instead recognizes the crucial importance of cultivating our feelings and desires over the course of a lifetime both as a way to make ourselves worthy of the humanity within us directly and also as a way to facilitate future moral choices. (shrink)

Any number of criticisms of Kant's moral psychology are directed at his claims that actions possessing moral worth must be performed "irrespective of all objects of the faculty of desire" (G 68,400),' and that actions done from duty must "set aside altogether the influence of inclination, and along with inclination every object of the will" (ibid). Rather than desire or inclination, it is "pure reverence for the law" that moves the will in actions done from duty (G (...) 69,401). My present purpose is to defend Kant's view as a plausible tenet of moral psychology by defending it against two lines of criticism. I shall conclude by considering some moral theoretic objections to Kant's view. In so doing I hope to provide a clearer understanding of Kant's position on moral motivation. (shrink)

This confrontation of analytical psychology with ethics is intended as a philosophical examination of the justification of Jung's and Erich Neumann's claim to have offered in their so-called individuation process the new ethics demanded by the discovery of the psychic reality of the collective unconscious. As a standard of evaluation the author first tries to establish the idea of self-realization as a moral imperative. Aware of the difficulty of finding agreement in matters of ethics, he turns to self-awareness as (...) the source of his ethical principle. Beginning with a discussion of Kant's understanding of moral life, the author recognizes the categorical imperative as an expression of an absolute and universal law of practical reason to be an unsatisfactory representation of subjective morality, and rediscovers in the awareness of the individual law of G. Simmel the evidence of the immediate givenness of our self as a strict moral obligation. The awareness of the self as a moral ideal pre supposes freedom, which, following Sartre's existentialistic [[sic]] understanding, is identified with human reality as such and is found not to allow any kind of determination of human existence; consciousness of impulses implies "original choice," and unconsciousness means abdicated freedom. Compared with the ideal reality of the self and with the conditions of its realization as experienced in immediate awareness, the psychic reality of the individuation process as described in complex psychology lacks every moral qualification. Jung's individuation process does not represent a realization or even a recognition of the self, as the second part of the book attempts to show. A natural process enforced by an archetype of the self, demanding as moral obligations only a conscious awareness of alleged unconscious contents of a collective and personal unconscious in a confrontation of archetypes of the process, and an integration or combination of opposing conscious and unconscious psychic elements, is essentially different from a free and responsible realization of one's individual law in active confrontation with one's own historical situation and reality, and with the moral demands of the physical and social world. Confusing subjective interpretations with objective psychic facts in its doctrine of the archetypes, and morality with mental health in its understanding of the individuation process, analytic psychology is rightly found to ignore decisive aspects of human existence and especially to disregard moral reality as an essential phenomenon of human life.--M. S. (shrink)

In this essay, “The Principle of Autonomy in Kant’s Moral Theory: Its Rise and Fall,” Pauline Kleingeld notes that Kant’s Principle of Autonomy, which played a central role in both the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason, disappeared by the time of the Metaphysics of Morals. She argues that its disappearance is due to significant changes in Kant’s political philosophy. The Principle of Autonomy states that one ought to act as if one were (...) giving universal laws through one’s maxims. The criterion of just legislation that Kant accepted in the mid-1780s does not require any actual consent on the part of the citizens—genuine universality is sufficient for a law to be just. Hence, at that time, Kant could indeed explicate the criterion governing the moral permissibility of one’s maxims by drawing an analogy with the criterion governing the justice of political laws. In the Metaphysics of Morals and in other works in the 1790s, however, he added the further condition that laws must be given with the consent of the citizens. With this further condition, the moral criterion was no longer fully analogous to the criterion for political laws being just. Accordingly, Kleingeld argues, Kant dropped the Principle of Autonomy, which was firmly based on that analogy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The 2003 Meeting of the Society for Buddhist-Christian StudiesFrances S. AdeneyThe 2003 meeting of the Society for Buddhist-Christian Studies was held in Atlanta, Georgia, 21-22 November 2003. This year's theme was "Overcoming Greed: Christians and Buddhists in a Consumeristic Culture." During the first session panelists Paula Cooey, Valerie Karras, and John Cobb, whose paper was read by Jay McDaniel, presented Christian views and Stephanie Kaza gave a Buddhist response. (...) The second session mirrored the first with panelists Kenneth Kraft, David Barnhill, and Judith Simmer-Brown presenting Buddhist views on the theme and Paul Knitter responded with a Christian analysis.Cooey began the discussion by outlining her thesis that overcoming greed depends on overcoming fear. She asserted that people buy out of fear thus perpetuating a system of greed. The consequences of fear support the cultural myth of upward mobility—there is no way to go but up. The exploitation of fear then produces goods benefiting those at the top of the economic system. This system also produces consequences for human rights as cultural fear leads to laws that thwart due process, for example, the Patriot Act.An alternative Christian view understands desire to be culturally produced—sin upsets the natural order; God redeems. Christian transformation requires dissent against the underlying greed that supports the cultural system.Christianity arose as a movement of dissent, a countercultural movement. That trajectory of dissent has continued through the centuries. Although early Calvinists were noted for linking personal wealth with election, the Mennonites and Anabaptists created better models for practicing dissent. Those communities are based in an economy of grace, supported by an underlying ethic of the ability to give as a gift of grace. This economy, for Christians, is mediated by Jesus of Nazareth and allows for transformation toward becoming greedy for God.Valerie Karras illumined the differences in Christian traditions by her analysis of the difference in anthropology between Eastern and Western Christian theologies. The community model of Eastern Christianity is hostile to the individualism of Western consumerism. Instead, in this model, greed is recognized as a fallen passion, the consequence of separation from God. The two aspects of greed in this view are [End Page 231] acquisitive lust: the desire for control, and desire for the physical acquisition of things.Karras used Clement of Alexandria and John Chrysostom as examples of theologians that criticized the rich and encouraged Christians to use their wealth for the poor. In this view, overcoming greed involves a spiritual process. Virtue can be cultivated by a proper use of wealth, which in itself has no moral content. It is the misuse of wealth that indicates deeper spiritual problems. Some of those spiritual problems can be alleviated by asceticism: celibacy, almsgiving, fasting, and prayer. Such exercises can provide a means to master the vices—greed, in this case, being the vice at hand.John Cobb's paper argued that a theology of consumerism is deeply embedded in our culture. That theology runs counter to traditional Western Christian teaching that consuming more deprives others. The question one must ask is, Does consumption enhance or detract from the common good? Traditional arguments that too much consumption deprives others were rendered obsolete by the industrial revolution. The new problem is how can demand keep up with production. The argument here is that increased consumption benefits others by preventing downturns in the economy.Unfortunately, Cobb argues, the spiritual costs to this pattern of consumption are tremendous. A class of exploited peasants now produces more goods, but has a better society been created? Increasing poverty in two-thirds of the world, global warming, dehumanizing advertising, and the unsustainability of keeping production at current levels press the issue. Human survival depends on changing consumption patterns. The elite must be forced to give up control and we must recover and emphasize the traditional Christian interpretation of greed as a cardinal sin.To accomplish this, Cobb recommends rejecting consumerism in our personal lives, developing local sustainability projects, and demonstrating another world possibility—another way to live that leads to human flourishing. Buddhist and Christian emphases on overcoming consumerism are complimentary and together can make possible the deep changes that are... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 361-363 [Access article in PDF] Book Review Henry David Thoreau and the Moral Agency of Knowing Henry David Thoreau and the Moral Agency of Knowing, by Alfred I. Tauber; xi & 317 pp. Berkeley: University of California Press, 2001, $40.00. Among the marvelous qualities of Thoreau's writing is its vivid concreteness and immediacy. As befits one who spent his life seeing for (...) himself, Thoreau shares a vision of a cosmos whose significance is there to be discovered in the things themselves, if only one cultivates the desire, faith, and discipline required for seeing to the bottom of things. An ironic and happy consequence of Thoreau caring more for the company of nature than for that of his fellow man is that it ultimately made him a finer, more engaging writer with a large audience. Whereas Thoreau might have lost himself and his subject-matter (not to mention the better part of his audience) amidst the twists and turns of Kant's or Fichte's conceptual plumbing, he came to his senses instead--and avoided their abstractions and the intellectual fuss they generate. Imagine how tedious and stale his reflections on the supposed bottomlessness of Walden pond would be if he had framed them explicitly in the terms of intellectual debates revolving around skepticism and realism, phenomena and noumena, and their like. It belongs to Thoreau's enduring genius and charm that he avoided such trappings. One can rely on him for a philosophically inflected appreciation of the realms of nature and spirit, while Plato, Aristotle, Hegel, and Nietzsche are more reliable for philosophically incisive articulations of the first principles governing these realms.Inevitably, scholarly books like Alfred Tauber's Henry David Thoreau and the Moral Agency of Knowing will not have the same fresh, original spirit as do their subjects. But though a scholar addresses someone's views rather than the things themselves, one nonetheless chooses whether to develop one's subject's views primarily in light of (what the scholar understands to be) the things themselves, or whether to focus on how the subject's views relate to the views of others. By claiming his book is philosophical, Tauber in effect claims that it is of the former sort, but in fact it is of the latter sort. As such, readers interested in Thoreau's Zeitgeist and contemporary influences, in past and recent assessments of his thought, as well as in some discussion of its place in contemporary intellectual currents will find Tauber's book timely and valuable. For example, prior to articulating his own view of Thoreau's relation to the science of his day, Tauber gives the reader a primer on the history of positivism. Similarly, in the course of assessing how Thoreau viewed the relation of self and nature, Tauber leads the reader through summary appraisals of (and here I give only a sampling) some relevant swatches of Kant, Fichte, and Barthes's thought. And this is not the half of it. Tauber also weaves into his argument reflections on Augustine's discussion of time in the Confessions, themes from Polanyi's Personal Knowledge and James's Principles of Psychology, as well as Goethe's interpretation of what should constitute scientific activity. So Tauber's [End Page 361] book addresses itself to Romanticism, Transcendentalism, positivism, environmentalism, postmodernism, mysticism, idealism, solipsism, and the like. Though eclectic in their material, his discussions are grounded in copious references to and an interpretation of Thoreau's own words. (One pleasure of the book for this reviewer was the opportunity to become acquainted with more of Thoreau's journal entries.) Yet the variety of the book's sources and themes contribute to some repetition as well as diffuseness in the main arguments.Tauber sees his book as "structuring [Thoreau's] project on a philosophical edifice" and thereby making possible "critical insights into certain quandaries that reach into the very mainstream of contemporary science studies" (p. ix). He argues that his approach is novel (Tauber's own background is the history and philosophy of science) because most... (shrink)

Few books have had as great an impact on intellectual history as Kant's The Moral Law . In its short compass one of the greatest minds in the history of philosophy attempts to identify the fundamental principle 'morality' that governs human action. Supported by a clear introduction and detailed summary of the argument, this is not only an essential text for students but also the perfect introduction for any reader who wishes to encounter at first hand the mind (...) of one of the finest and most influential thinkers of all time. (shrink)

In order to move towards an Ethic of Accounting, one must start by defining the function and role of the accountant. This in turn depends to a great extent on the identity of the client or whatever party the Accountant owes his loyal agency to. The issue is one of cardinal importance, and it is perceived as such by the accountants themselves. Loeb for instance says that the client-identity issue is overriding importance now, and will become even more crucial in (...) the immediate years ahead. The question of what constitutes ethical behaviour on the part of the accountant will depend then upon the relation within which such ethical behaviour will have to be deployed.The main question raised in this paper will therefore be, is the accountant primarily engaged by one client (whether an individual or a corporation) to act as their agent, deal with their problems by loyally advancing their interests to the best of his professional competence, although within the limits imposed by law and morality? Or is the public sector to be considered the principal target of the accountant's resolute professionalism and unswerving loyalty? (shrink)

After qualifying in which sense ‘realism’ can be applied to eighteenth-century views about morality, I argue that while Kant shares with traditional moral realists several fundamental claims about morality, he holds that those claims must be argued for in a radically different way. Drawing on his diagnosis of the serious weaknesses of traditional moral realism, Kant proposes a novel approach that revolves around a hybrid view about moral obligation. Since his solution to that central issue combines elements (...) of realism with elements of voluntarist ascent, Kant’s position can be characterized as an idealist version of moral realism or, more specifically, as the combination of a strong realism about the moral law with an idealist account of moral obligation. (shrink)

Kant's discussion of the feeling of respect presents a puzzle regarding both the precise nature of this feeling and its role in his moral theory as an incentive that motivates us to follow the moral law. If it is a feeling that motivates us to follow the law, this would contradict Kant's view that moral obligation is based on reason alone. I argue that Kant has an account of respect as feeling that is nevertheless not (...) separate from the use of reason, but is intrinsic to willing. I demonstrate this by taking literally Kant's references to force in the second Critique. By referring to Kant's pre-critical essay on Negative Magnitudes (1763), I show that Kant's account of how the moral law effects in us a feeling of respect is underpinned by his view that the will is a kind of negative magnitude, or force. I conclude by noting some of the implications of my discussion for Kant's account of virtue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he (...) is free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)