Kant: Moral Realism and Constructivism

In this article I offer an opinionated overview of the central elements of Kant’s philosophical methodology during the critical period. I begin with a brief characterization of how Kant conceives of the aims of human inquiry – focusing on the idea that inquiry ideally aims at not just cognition (Erkenntnis), but also the more demanding cognitive achievements that Kant labels insight (Einsehen) and comprehension (Begreifen). Then I explore the implications of this picture for philosophy — emphasizing Kant’s distinction between critical (...) and doctrinal phases of philosophical inquiry, with the first of these playing both a negative and a positive role with respect to the second. Then, I will argue that this positive role is possible, according to Kant, only insofar as philosophy follows what I call a “capacities-first” methodology – that is, one that treats basic cognitive capacities (such as reason) and their self-conscious activities as fundamental (in both a cognitive sense and in an explanatory sense) for the sort of philosophy human beings are capable of. It is this methodology, I will argue, that allows Kant to introduce the first principles that philosophy in its doctrinal phase requires in a manner that is neither arbitrary nor (at least obviously) incompatible with Kant’s own critical restrictions on cognition. I conclude by discussing some of the implications of this methodological picture – including the methodological significance of self-consciousness and regressive or “transcendental” arguments, Kant’s distinction between analytic and synthetic methods in philosophy, and Kant’s conception of reason as autonomous. (shrink)

In § 37 of his "Elements of First Practical Philosophy", Baumgarten provides important qualifications to the controversial notion of ‘objective morality’, which had long been at the centre of the dispute between realists like Wolff and his adversaries. The chapter shall examine how he construes his view of morality in §§ 36-38 with a specific focus on the central § 37. I shall analyse that section, first considering how Baumgarten understands the key notion of ‘objective morality’ and how he argues (...) for it, focusing both on its relational character and its connection with God’s will. Then I will examine the last, and arguably most surprising of the implications that he draws per negativum from the main claim, namely that affirming objective morality does not amount to rule out what Baumgarten calls ‘subjective morality’. Finally, I will briefly consider how Baumgarten’s distinctive way to take side in the Wolffian camp in that dispute reflects, through the close dialogue with the "Elements" in Kant’s private notes and lectures, on the development of Kant’s own views in practical philosophy. (shrink)

Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there is a law-like (...) relation between the putative cause and effect. Applied to the case of action, no maxim can be the cause of an agent’s action unless there is a law-like relation between maxims of that kind and actions of that kind. The special capacity to act according to maxims as law-like causes is what Kant calls a will; the basic constitutive principle of the will is a non-normative principle I call the categorical declarative. While the actions of a perfectly good will would be described by the categorical declarative alone, human action is determined not only by the causality of the will, but also by competing causes, namely those stemming from inclination. There is thus need for a causal test for putative maxims. The test contained in the FUL is meant to determine whether an action could be grounded solely on the agent’s maxim, or whether it requires a cause external to the will. This account permits one to build eventual distinctions concerning the morality of actions on prior and independent distinctions concerning their causality. (shrink)

In order to make some headway on the debate about whether Kant was a constructivist, nonconstructivist, or instead defends a hybrid view that somehow entirely sidesteps these categories, I attempt to clarify the terms of the debate more carefully than is usually done. First, I discuss the overall relationship between realism and constructivism. Second, I identify four main features of Kantian constructivism in general. Third, I examine three rival versions of metanormative Kantian constructivism, what I’ll call axiological, constitutivist, and rationalist (...) constructivist. I argue that Kant is best seen as a rationalist constructivist. I conclude by arguing that although it’s a constructivist view, this reading avoids the main pitfalls of traditional Kantian constructivism. In doing so, it helps us to achieve a satisfying rapprochement between constructivist and non-constructivist readings of Kant. (shrink)

While it is uncontroversial that Kantian constructivism has implications for normative ethics, its status as a metaethical view has been contested. In this article, I provide a characterisation of metaethical Kantian constructivism that withstands these criticisms. I start by offering a partial defence of Sharon Street’s practical standpoint characterisation. However, I argue that this characterisation, as presented by Street, is ultimately incomplete because it fails to demonstrate that the claims of Kantian constructivism constitute a distinctive contribution to metaethics. I then (...) try to complete the practical standpoint characterisation by elaborating on Christine Korsgaard’s suggestion that metaethical Kantian constructivism takes up a position on the source of morality’s normativity. (shrink)

Kant takes the idea of autonomy of the will to be his distinctive contribution to moral philosophy. However, this idea is more nuanced and complicated than one might think. In this chapter, I sketch the rough outlines of Kant’s idea of autonomy of the will while also highlighting contentious exegetical issues that give rise to various possible interpretations. I tentatively defend four basic claims. First, autonomy primarily features in Kant’s account of moral agency, as the condition of the possibility of (...) moral obligation. Second, autonomy amounts to a metaphysical property as well as a normative principle and a psychological capacity. Third, although there is legitimate scholarly disagreement about whether or not autonomy involves self-legislation of the moral law, there is good reason to believe it underwrites an ‘inside-out’ (as opposed to ‘outside-in’) conception of the relationship between the will and moral requirements. Fourth, persons have dignity because their autonomy makes them members in the set of beings over whom the categorical imperative requires us to universalise our maxims, not because autonomy is an independently important property. (shrink)

Theories of reasons and other normativia can seem to lead ineluctably to a tragic dilemma. They can be personal but parochial if they locate reasons in features of the point of view of actual people. Or they can be objective but alien if they take reasons to be mind-independent fixtures of the universe. Kantian constructivism tries to offer the best of both worlds: an account of normative authority anchored in the evaluative perspectives of actual agents but refined by a procedure (...) that guarantees certain principles, like the moral law, will have universal and unconditional authority. This chapter considers motivations for such a view and chronicles the intrepid efforts of its adherents to make good on this guarantee - to show that the structure of practical reason commits reasoners to morality. -/- . (shrink)

Kant’s formula of universal law says that it is morally impermissible to act on maxims which lead to a contradiction, when universalized. Korsgaard famously argues that we should understand the contradiction involved in Kant’s formula of universal law test as practical contradiction. In her later works, Korsgaard provides an argument for the truth of Kant’s moral law from the principles that are, on her view, constitutive of human agency, including the principle of publicity, the principle of universality and the hypothetical (...) imperative. In this paper I will, first, clarify Korsgaard’s argument, and, then, argue that her argument cannot vindicate Kant’s moral law. More specifically, I will argue that Korsgaard’s principles, contrary to what she aims, fail to occupy a middle ground between agent-neutral and agent-relative morality; for they rest upon an ambiguity in the notion of sharing the ends of other agents. As a result, Korsgaard’s constitutive principles are either implausible, or too weak to be able to ground our ordinary moral obligations. (shrink)

According to Darwall’s Second-Personal Account, moral obligations constitutively involve relations of authority and accountability between persons. Darwall takes this account to lend support to Kant’s moral theory. Critics object that the Second-Personal Account abandons central tenets of Kant’s system. I respond to these critics’ three main challenges by showing that they rest on misunderstandings of the Second-Personal Account. Properly understood, this account is not only congenial to Kant’s moral theory, but also illuminates aspects of that theory which have hitherto received (...) scant attention. In particular, it motivates a fresh perspective on the relationship between respect, persons, and the law. (shrink)

According to many of its advocates, one of the main attractions of Kantian moral philosophy is its metaethical innocence. The most interesting argument for such innocence appeals to Kantians' rationalism. Roughly, if moral action is simply rational action, then we do not need to appeal to anything beyond rationality to certify moral judgment. I assess this argument by reflecting on (dis)analogies between moral and logical forms of rationalism. I conclude that the Kantian claim to metaethical innocence is overstated. Kantians cannot (...) avoid substantial metaethical commitments. Or if they can, it is not their rationalism that explains why this is so. (shrink)

In this essay, I propose a novel way of thinking about Kant’s philosophical methodology during the critical period. According to this interpretation, the critical Kant can generally be understood as operating within a “capacities‐first” philosophical framework – that is, within a framework in which our basic rational or cognitive capacities play both an explanatorily and epistemically fundamental role in philosophy – or, at least, in the sort of philosophy that limited creatures like us are capable of. In discussing this idea, (...) I consider the complicated relationship between the explanatory and epistemic roles that such capacities play in Kant. I also sketch how this way of thinking about Kant’s methodology can illuminate the foundations of both his theoretical and his practical philosophy, before discussing some of Kant’s reasons for finding this approach to philosophy attractive. I close with a brief discussion of the contemporary relevance of this approach. (shrink)

In this paper, I give a reconstruction of the so‐called Reinhold–Sidgwick objection and show that Korsgaard‐style Kantian constructivists are committed to two key premises of the underlying argument. According to the Reinhold–Sidgwick objection, the Kantian conception of autonomy entails the absurd conclusion that no one is ever morally responsible for a morally wrong action. My reconstruction of the underlying argument reveals that the objection depends on a third premise, which says that freedom is a necessary condition for moral responsibility. After (...) mapping the common replies to the objection, I demonstrate that none of these replies is available to Kantian constructivists. But they need not be committed to the absurd conclusion that no one is ever morally blameworthy. Kantian constructivists who want to resist the Reinhold–Sidgwick objection are well advised to subject the third premise of the underlying argument to critical scrutiny. (shrink)

This paper sheds light on Kant’s notion of autonomy in his moral philosophy by considering Kant’s critique of the rationalist theories of morality that Kant discussed in his lectures on practical philosophy from the 1760s to the time of the Groundwork. The paper first explains Kant’s taxonomy of moral theories and his perspective on the history of ethics. Second, it considers Kant's arguments against the two main variants of ‘rationalism’ as he construes it, that is, perfectionism and theological voluntarism, pointing (...) out the similarities to previous criticisms. Third, the paper argues that Kant’s discussion of the 'rationalist' views does not amount to an unqualified dismissal, but to an attempt at working out a novel rationalist position. Kant’s criticisms of rationalist views suggest that his project emerges from the failures of previous rationalism, with the aim to work out a rationalist view that can account for moral obligation by integrating insights from the theological conception. The combination of perfectionism and theological views yields the basic outline of the idea of autonomy, consisting in the lawgiving function of a rational will as a key to the legislation of a necessary law. (shrink)

On Chang's voluntarist account of commitments, when we commit to φ, we employ the 'normative powers' of our will to give ourselves a reason to φ that we would otherwise not have had. I argue that Chang's account, by itself, does not have sufficient conceptual resources to reconcile the normative significance of commitments with their alleged fundamentally volitional character. I suggest an alternative, second-personal account of commitment, which avoids this problem. On this account, the volitional act involved in committing is (...) one of holding ourselves accountable, thus putting us under to a pro tanto obligation to ourselves. The second-personal account implies that there is an interesting link between commitment and morality. (shrink)

This thesis provides a restatement of Kantian constructivism, with the aim of avoiding some of the objections and clearing up some of the ambiguities that have haunted previous versions of the view. I restate Kantian constructivism as the view that morality’s normativity has its source in the form of second-personal reasoning, a mode of practical reasoning in which we engage when we address demands person-to-person. By advancing a position about the source of moral normativity, Kantian constructivism addresses a metaethical question, (...) albeit one that is distinct from the questions that many traditional metaethical positions, such as moral realism, focus on. Kantian constructivism has an advantage over competing views of the source of moral normativity when it comes to answering the so-called Normative Question, which I interpret as the question of why we are rationally required to do what we take to be our moral obligation. Kantian constructivism can answer this question because, unlike its competitors, it does not conceive of practical reason as a receptive faculty that is determined by external inputs. Instead, it regards the very form of second-personal reasoning as grounding the fact that morality is normative, thus explaining morality’s rational authority. Although second-personal reasoning is fundamentally distinct from the merely first-personal mode of reasoning that we must engage in insofar as we are agents, all those agents whom we would ordinarily consider bound by moral obligations seem to engage in it. Indeed, although it involves irreducibly second-personal notions, such as accountability and the authority to address legitimate demands, second-personal reasoning is not to be mistaken for a social practice. Instead, it can be applied to purely self-regarding contexts, such as that of committing oneself to a personal project and thereby holding oneself accountable for pursuing it, as well as to interactions with others. (shrink)

Kantian ethics today is dominated followers of Rawls, many of them his former students. Following Rawls they interpret Kant as a moral constructivist who defines the good in terms of the reasonable. Such readings give priority to the first formulation of the categorical imperative and argue that the other two formulations are (ontologically or definitionally) dependent upon it. In contrast the aim of my paper will be to show that Kant should be interpreted firstly as a moral idealist and secondly (...) as, it least in a certain sense a particularist who takes morality to involve the exercise of recognitional capacities rather than following principles or rules. In claiming that Kant is a moral idealist we won’t mean to imply that he is an anti-realist, indeed we believe that he is a realist. Instead, by ‘moral idealism’ it is meant the position that maintains that to be moral is to instantiate an ideal. And so understood moral idealism can be seen as offering an alternative to both constructivism and utilitarianism. (shrink)

Autonomy is one of the central concepts of contemporary moral thought, and Kant is often credited with being the inventor of individual moral autonomy. But how and why did Kant develop this notion? The Emergence of Autonomy in Kant's Moral Philosophy is the first essay collection exclusively devoted to this topic. It traces the emergence of autonomy from Kant's earliest writings to the changes that he made to the concept in his mature works. The essays offer a close historical and (...) philosophical analysis of what prompted Kant to develop his conception of autonomy, charting the historical background which prompted his search, and thoroughly analysing different stages of his writings in order to see which element of autonomy was introduced at which point. The resulting volume will be of interest to both scholars and students of Kantian moral philosophy, as well as to anyone interested in the subject of autonomy. (shrink)

Many neo-Aristotelians argue that practical identities are normative, that is, they provide us with reasons for action and create binding obligations. Kantian constructivists agree with this insight but argue that contemporary Aristotelians fail to fully justify it. Practical identities are normative, Kantian constructivists contend, but their normativity necessarily derives from the normativity of humanity. In this paper, I shed light on this underexplored similarity between neo-Aristotelian and Kantian constructivist accounts of the normativity of practical identities, and argue that both ultimately (...) fail. I end by suggesting an alternative justification of the claim that practical identities are normative. (shrink)

This article highlights two interlocking themes in moral and political philosophy in the Kantian tradition and examines their import for issues in international relations. First, I examine how constructivist interpretations of Kantian moral theory can inform an understanding of Kant’s Perpetual Peace and passages in other key texts that deal with international relations. Second, drawing on the constructivist tradition, I examine Kant’s remarks on the dependency of domestic justice on international justice. By bringing these two themes together, I put forward (...) a Kantian view of international relations that emphasizes the role of morality in resolving practical problems at the international level and draws attention to the ways in which solving problems of domestic justice is contingent on also solving problems of international justice. Each of these points provides a Kantian response to, and the second puts pressure on, realist views in international relations. (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)

An introduction to how heteronomous views address the topic of moral autonomy. In the first section I provide a short history of the rise of the autonomy stance in meta ethics. Then I sketch the relationship between Kant and mainstream contemporary Kantians. I finally outline a summary of the papers in the special issue of Dialegesthai.

In his writings on moral philosophy, Bishop Joseph Butler adopts an identifiably “constitutivist” strategy because he seeks to ground normativity in features of agency. Butler's constitutivist strategy deserves our attention both because he is an influential precursor to much modern moral philosophy and because it sheds light on current debates about constitutivism. For example, Butler's approach can easily satisfy the “error constraint” that is often thought to derail modern constitutivist approaches. It does this by defining actions relative to the kind (...) of being who performs them, instead of relative to the circumstances of their performance. This gives Butler a conceptually stable account of something that is both fully an action yet morally bad, for which an agent might be held morally responsible. Should modern constitutivists wish to model their views on Butler's in order to satisfy the error constraint, they need not adopt all his theological and other commitments, but they will have to avoid the currently popular constitutivist strategy of deriving normative force from the inescapability of a given principle. (shrink)

In this volume Paul Formosa sets out a novel approach to Kantian ethics as an ethics of dignity by focusing on the Formula of Humanity as a normative principle distinct from the Formula of Universal Law. By situating the Kantian conception of dignity within the wider literature on dignity, he develops an important distinction between status dignity, which all rational agents have, and achievement dignity, which all rational agents should aspire to. He then explores constructivist and realist views on the (...) foundation of the dignity of rational agents, before developing a compelling account of who does and does not have status dignity and of what kind of achievement dignity or virtue we, as vulnerable rational agents, can and should strive for. His study will be highly valuable for those interested in Kant's ethical, moral and political philosophies. (shrink)

In a series of well known publications, Christine Korsgaard argues for the claim that an agent acts morally just in case s/he acts autonomously. Two of Korsgaard's signature arguments for the connection between morality and autonomy are the "argument from spontaneity" and the "regress argument." In this paper, I argue that neither the argument from spontaneity nor the regress argument is able to show that an agent would be acting wrongly even if s/he acts in a paradigmatically heteronomous fashion.

This essay examines one of the most obscure and controversial tenets of Kant’s critical philosophy, his claim in the Critique of Practical Reason that the moral law is immediately and unquestionably valid as an a priori fact of reason (Factum der Vernunft). This argument curiously inverts Kant’s earlier stance in the Groundwork of the Metaphysics of Morals, in which he justifies the reality of the categorical imperative through a much more cautious and qualified authentication of transcendental freedom. Against constructivist readings (...) which tend to downplay the justificatory burden of the Factum, I claim that Kant’s position is best understood as a transcendental argument. In other words, he argues from a given or assured conditioned, consciousness of binding moral obligation, to the sole condition of its possibility in transcendental freedom. In order to rebut the standard objections prompted by this line of interpretation, I emphasize the technical function of Kant’s Factum as both a deed (Tat) and product (Tatsache) of practical reason. (shrink)

My project is to reconsider the Kantian conception of practical reason. Some Kantians think that practical reasoning must be more active than theoretical reasoning, on the putative grounds that such reasoning need not contend with what is there anyway, independently of its exercise. Behind that claim stands the thesis that practical reason is essentially efficacious. I accept the efficacy principle, but deny that it underwrites this inference about practical reason. My inquiry takes place against the background of recent Kantian metaethical (...) debate — each side of which, I argue, correctly points to issues that need to be jointly accommodated in the Kantian account of practical reason. The constructivist points to the essential efficacy of practical reason, while the realist claims that any genuinely cognitive exercise of practical reason owes allegiance to what is there anyway, independently of its exercise. I argue that a Kantian account of respect for persons (“recognition respect”) suggests how the two claims might be jointly accommodated. The result is an empirical moral realism that is itself neutral on the received Kantian metaethical debate. (shrink)

The debate between moral realism and antirealism plays an important role in contemporary metaethics as well as in the interpretation of Kant’s moral philosophy. This volume aims to clarify whether, and in what sense, Kant is a moral realist, an antirealist, or something in-between. Based on an explication of the key metaethical terms, internationally recognized Kant scholars discuss the question of how Kant’s moral philosophy should be understood in this regard. All camps in the metaethical field have their inhabitants: Some (...) contributors read Kant’s philosophy in terms of a more or less robust moral realism, objectivism, or idealism, and some of them take it to be a version of constructivism, constitutionism, or brute antirealism. In any case, all authors introduce and defend their terminology in a clear manner and argue thoughtfully and refreshingly for their positions. With contributions of Stefano Bacin, Jochen Bojanowski, Christoph Horn, Patrick Kain, Lara Ostaric, Fred Rauscher, Oliver Sensen, Elke Schmidt, Dieter Schönecker, and Melissa Zinkin. (shrink)

There are at least two basic normative notions: rationality and reasons. The dominant normative account of reasons nowadays, which I call primitive pluralism about reasons, holds that some reasons are normatively basic and there is no underlying normative explanation of them in terms of other normative notions. Kantian constructivism about reasons, understood as a normative rather than a metaethical view, holds that rationality is the primitive normative notion that picks out which non-normative facts are reasons for what and explains why (...) those normative relations hold. By supposing that there is a plurality of primitive reasons, I argue that primitive pluralism about reasons lacks sufficient normative unity and structure. But Kantian constructivism about reasons faces a dilemma of its own: Either a conception of rationality is thick enough to capture the reasons of commonsense, in which case it cannot play the explanatory role assigned to it, or a conception of rationality is genuinely explanatory, in which case it is too thin to generate the reasons we recognize in commonsense. The aim of this paper is to suggest that if Kantian constructivism about reasons were built on a substantive, rather than merely formal, conception of rationality then it would stand a better chance at unifying the particular reasons we would endorse on due reflection. The groundwork I lay in this paper, I explain, is an essential first step in the larger project of developing a version of Kantian constructivism about reasons that might eventually explain all reasons in terms of rationality. (shrink)

The introduction summarizes the main arguments formulated in the six papers of this special issue on Constitutivism and Kantian Constructivism in Ethical Theory. We highlight the unifying theme addressed in the essays, i.e., the question of whether constitutivism is able to fulfill the promise of providing an account of normativity starting from relatively slender assumptions, including the avoidance of realist presuppositions.

John Rawls’s 1980 Dewey Lectures are widely acknowledged to represent the locus classicus for contemporary discussions of moral constructivism. Nevertheless, few published works have engaged with the significant interpretive challenges one finds in these lectures, and those that have fail to offer a satisfactory reading of the view that Rawls presents there or the place the lectures occupy in the development of Rawls's thinking. Indeed, there is a surprising lack of consensus about how best to interpret the constructivism of these (...) lectures. In this paper, I argue that the constructivism presented in the Dewey Lectures is best understood as involving the view that moral truth is correspondence with procedurally-determined, stance-dependent facts. Employing Rawls’s discussion of rational intuitionism as a foil, I defend this reading against textual discrepancies from within the lectures, as well as those one finds across Rawls’s other works. In addition to settling interpretive disputes, I draw out the ways in which this understanding of Kantian constructivism fits within the broader comparative project in ‘moral theory’ that Rawls inherits from Sidgwick. (shrink)

Moral realism faces two worries: How can we have knowledge of moral norms if they are independent of us, and why should we care about them if they are independent of rational activities they govern? Kantian constitutivism tackles both worries simultaneously by claiming that practical norms are constitutive principles of practical reason. In particular, on Stephen Engstrom’s account, willing involves making a practical judgment. To will well, and thus to have practical knowledge (i.e., knowledge of what is good), the content (...) of one’s will needs to conform to the formal presuppositions of practical knowledge. Practical norms are thus constitutive of practical knowledge. However, I will argue that the universality principles from which Engstrom derives the formal presuppositions of practical knowledge are reflectively and psychologically unavailable. As a result, they cannot help Kantian constitutivism provide an answer to moral realism's worries. (shrink)

There are several senses in which Kant’s moral law is independent of sensibility. This paper is devoted mainly to Kant’s account of ‘physical conditions independence’, or the idea that the moral law can compel us to pursue ends that might be impossible to realize empirically. Since this idea has gotten little attention from commentators, this paper addresses both its textual basis in Kant’s writings and its overall philosophical viability.

In this comprehensive assessment of Kant's metaethics, Frederick Rauscher shows that Kant is a moral idealist rather than a moral realist and argues that Kant's ethics does not require metaphysical commitments that go beyond nature. Rauscher frames the argument in the context of Kant's non-naturalistic philosophical method and the character of practical reason as action-oriented. Reason operates entirely within nature, and apparently non-natural claims - God, free choice, and value - are shown to be heuristic and to reflect reason's ordering (...) of nature. The book shows how Kant hesitates between a transcendental moral idealism with an empirical moral realism and a complete moral idealism. Examining every aspect of Kant's ethics, from the categorical imperative to freedom and value, this volume argues that Kant's focus on human moral agency explains morality as a part of nature. It will appeal to academic researchers and advanced students of Kant, German idealism and intellectual history. (shrink)

The term “constructivism” names a family of political, moral and metaethical views that, in general terms, regard some or all normative claims as valid in virtue of being outcomes of a “procedure of construction” in which actual or hypothetical agents react to, choose, or otherwise settle on principles of justice, moral rules, values, etc. Traditionally, moral validity or justifiability was thought to depend on God, the Forms, or some other independent moral order. Various procedures of a different, epistemological, sort were (...) then proposed to help us gain access to the moral facts, which were thought to exist independently of us (e.g., we might need to undergo physical and mental training of the sort described in Plato's Republic or learn how to reflect in a “calm, cool hour”). Constructivists, by contrast, think that there are certain procedures that are not designed to discover which normative claims are already valid. For them, the validity of some or all reasons, principles, values or other normative claims consist in being the result of a procedure of construction. For example, Rousseau (1997) held that states are legitimate just in case and because they would be agreed to by reasonable people who were concerned to advance their own basic interests in freedom, self-improvement, and happiness, while Locke (1998) argued that governments are legitimate just in case and because free and equal (male, property-owning) people in a state of equal freedom actually agreed to them so long as those governments remain within the confines of natural law. (shrink)

Kant’s doctrine of the Fact of Reason is one of the most perplexing aspects of his moral philosophy. The aim of this paper is to defend Kant’s doctrine from the common charge of dogmatism. My defense turns on a previously unexplored analogy to the notion of ‘matters of fact’ popularized by members of the Royal Society in the seventeenth century. In their work, ‘facts’ were beyond doubt, often referring to experimental effects one could witness first hand. While Kant uses the (...) German equivalent in different contexts, I argue that the scientific analogy opens up a new framework for interpreting his strategy of justification in the Critique of Practical Reason. In the final section, I address a few possible objections to my reading, one of which I anticipate coming from Dieter Henrich and Ian Proops, who have argued that Kant’s Fact of Reason is best understood under a legal analogy. (shrink)

The paper argues for distinguishing two aspects in Kant’s idea of self-legislation of the moral law: the immediate character (i.e., the practical necessity) of the law itself and the lawgiving function attributed to the rational will. I argue that the novelty of Kant’s thesis chiefly consists in the combination of the two aspects, and that this solves the alleged paradoxical character of the idea of self-legislation. As it grounds on the connection of a fundamental law with a lawgiving, Kant’s view (...) can be regarded as a novel variant of the mixed model first proposed by Suárez, with two crucial differences concerning the subject playing the role of the lawgiver and the notion of law involved. Finally, I argue that the inner structure of the idea of self-legislation shows that Kant’s view combines a realism of the moral law with a constructivism of moral obligation. (shrink)

It is largely agreed that if constructivism contributes anything to meta-ethics it is by proposing that we understand ethical objectivity “in terms of a suitably constructed point of view that all can accept” (Rawls 1980/1999: 307). Constructivists defend this “practical” conception of objectivity in contrast to the realist or “ontological” conception of objectivity, understood as an accurate representation of an independent metaphysical order. Because of their objectivist but not realist commitments, Kantian constructivists place their theory “somewhere in the space between (...) realist and relativist accounts of ethics” (O’Neill 1988: 1). Furthermore, they argue that their practical conception of objectivity succeeds in making sense of certain features of morality, such as its categorical authority and its relation to rational agency, which escape rival theories (Korsgaard 1996b, Korsgaard 2003b). To this extent, constructivism claims a privileged place in meta-ethics. The legitimacy of this claim is widely challenged. Precisely because of its practical conception of objectivity, many – including some constructivists — regard constructivism as a first-order normative theory, rather than as a meta-ethical position, hence not on a par with realism. Some critics object that constructivism fails to offer a distinct meta-ethics because it is structurally incomplete and thus must be combined with a fully-fledged meta-ethics (Hussain and Shah 2006); others argue that it tacitly relies on realism (Timmons 2003; Shafer-Landau 2003; Larmore 2008). Thus far, the debate about the prospects of constructivism as a meta-ethical theory has been driven by the conviction that the case for or against constructivism depends on its ontological commitments. In this chapter, I propose a change in perspective. My aim is to defend constructivism as an objectivist account of practical knowledge. Its defining feature is the claim that practical knowledge is knowledge by principles. Its task is to establish a constitutive relation between knowledge of oneself as a practical subject and knowledge about what one ought to do. By focusing on the issue of practical knowledge I hope to show that the difficulty in situating Kantian constructivism firmly on the meta-ethical map, along with other meta-ethical theories, reflects ambiguities and oscillations about the practical significance of ethics. Even though the term is ambiguous, I retain the qualification “Kantian” for the constructivist theory I outline, and for two reasons. First, while the theory I outline differs from current agnostic or anti-realist variants, it is closer to its origins, since Kant treats practical reason as a cognitive capacity and takes moral judgments to be objective moral cognitions, which importantly differ from other sorts of rational cognitions because they bind us in the first person. Practical cognitions are common knowledge because they are such that all subjects endowed with rationality can arrive at them by reasoning and find them authoritative. Thus understood, Kantian constructivism carves a distinct logical space in the meta-ethical debate that other sorts of constructivism fail to identify. This is the second reason for keeping the qualification “Kantian”. On this formulation, constructivism is antagonistic to non-cognitivist theories denying that moral judgments have cognitive contents, because they deny that there is something to be known; but it is also a rival to cognitivist theories denying that knowledge can be practical in itself. How constructivism differs over the realist theories of practical reason is the least understood aspect of this debate. This essay aims to make the case that practical reason is both discursive and emotional. In contrast to foundational and anti-realist accounts of practical reasoning, it attempts to show that the moral feeling of respect plays a cognitive but non-evidential role in the account of the cognitive and practical powers of reason. The argument proceeds as follows. In section 1, I consider some prominent constructivist arguments against the model of applied knowledge and show that they are driven by non-cognitivist assumptions about the practicality of ethics and the legitimacy of epistemological claims. In section 2, I argue that these arguments do not succeed in disposing of the idea of practical knowledge as incoherent, because they trade on an ambiguity regarding the proper object of practical knowledge. To solve this ambiguity, I turn to Anscombe’s contrast between “practical” and “speculative” knowledge as models for understanding action. I thus suggest that Anscombe’s account of practical knowledge as knowledge of oneself as an agent is an important resource for Kantian constructivism. This finding prompts us to reset the current dispute about the ontological and epistemological commitments of Kantian constructivism, as illustrated in section 3. While constructivism does not postulate any moral ontology prior to reasoning, it attributes to reasoning the cognitive powers to establish a distinctive relation between the agent and her action. The task of sections 4-7 is to account for the distinctive features of Kantian constructivism understood as an objectivist account of practical knowledge. In section 4, I argue that in order for reasoning to accomplish its normative tasks, it should be conceived as a self-legislating activity. I respond to some objections to the idea of self-legislation as the form of rational willing by offering a dialogical view of practical reason. In section 5, I propose a non-standard interpretation of Kant’s argument of “the fact of reason” to show that the constructivist account of self-legislation does not build on realism about value, as its detractors claim. The “basis of construction” is the subjective experience of respect for the self-legislative capacity itself. This moral feeling conveys our awareness of rational agency and shows our responsiveness to the demands of practical reason. It is an emotional mode of practical knowledge of oneself as an agent (in the sense specified in section 2), but not as a mode of moral discernment. In section 6, I show how practical knowledge of oneself as an agent relates to practical knowledge about what one ought to do. I thus account for the relation between respect as emotional moral consciousness and respect as a deliberative constraint. Finally, in section 7, I reply to the objection of subjectivism. I explain how the complex sort of objectivity that Kantian constructivism affords is at the same time more ambitious and more modest than is generally assumed. (shrink)

Is practical reason a cognitive faculty? Do practical judgments make claims about a subject matter that are appropriately assessed in terms of their agreement with that subject matter? According to Kantians like Christine Korsgaard, the answer is no. To think otherwise is to conflate the theoretical and the practical, the epistemic and the ethical. I am not convinced. In this paper, I motivate my skepticism through examination of the very figure who inspires Korsgaard’s rejection of cognitivism: Kant. For as I (...) read him, Kant does not construe the distinction between theoretical and practical reason in terms of a distinction between cognitive and non-cognitive faculties but in terms of two distinct applications of a single faculty of reason, which is through-and-through cognitive. Thus, practical, no less than theoretical, reason cognizes a subject matter, and so practical, no less than theoretical, reason is straightforwardly subject to familiar epistemic standards of truth, warrant, and knowledge. Of course, even if I am right about Kant, this does not show that Korsgaard is wrong about reason; and I will offer no direct argument against her position here. Nonetheless, I believe that reflection on Kant’s true view, with its careful treatment of and respect for both the practicality and rationality of reason, should perhaps lead us to rethink what it means to be a rationalist in ethics. (shrink)

This paper revisits the concept of autonomy and tries to elucidate the fundamental insight that freedom and law cannot be understood through their opposition, but rather have to be conceived of as conditions of one another. The paper investigates the paradigmatic Kantian formulation of this insight and discusses the diagnosis that the Kantian idea might give rise to a paradox in which autonomy reverts to arbitrariness or heteronomy. The paper argues that the fatal version of the paradox can be defused (...) if we avoid the legalistic model of autonomy and rather turn to the model of participation in a practice. This leads to a dialectical understanding of the idea of autonomy that preserves the insight that freedom and law are mutually conditioning and simultaneously reveals that they remain in irresolvable tension with one another. (shrink)

Abstract Robert Stern's Understanding Moral Obligation is a remarkable achievement, representing an original reading of Kant's contribution to modern moral philosophy and the legacy he bequeathed to his later-eighteenth- and early-nineteenth-century successors in the German tradition. On Stern's interpretation, it was not the threat to autonomy posed by value realism, but the threat to autonomy posed by the obligatory nature of morality that led Kant to develop his critical moral theory grounded in the concept of the self-legislating moral agent. Accordingly, (...) Stern contends that Kant was a moral realist of sorts, holding certain substantive views that are best characterized as realist commitments about value. In this paper, I raise two central objections to Stern's reading of Kant. The first objection concerns what Stern identifies as Kant's solution to the problem of moral obligation. Whereas Stern sees the distinction between the infinite will and the finite will as resolving the problem of moral obligation, I argue that this distinction merely explains why moral obligations necessarily take the form of imperatives for us imperfect human beings, but does not solve the deeper problem concerning the obligatory nature of morality: why we should take moral norms to be supremely authoritative laws that override all other norms based on our non-moral interests. The second objection addresses Stern's claim that Kantian autonomy is compatible with value realism. Although this is an idea with which many contemporary readers will be sympathetic, I suggest that the textual evidence actually weighs in favor of constructivism. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

The dominant interpretation of Kant as a moral constructivist has recently come under sustained philosophical attack by those defending a moral realist reading of Kant. In light of this, should we read Kant as endorsing moral constructivism or moral realism? In answering this question we encounter disagreement in regard to two key independence claims. First, the independence of the value of persons from the moral law (an independence that is rejected) and second, the independence of the content and authority of (...) the moral law from actual acts of willing on behalf of those bound by that law (an independence that is upheld). The resulting position, which is called not ‘all the way down’ constructivism, is attributed to Kant. (shrink)

Some commentators have attributed constructivism to Kant at the first-order level; others cast him as a meta-ethical constructivist. Among meta-ethical constructivist interpretations I distinguish between ‘atheistic’ and ‘agnostic’ versions regarding the existence of an independent moral order. Even though these two versions are incompatible, each is linked with central Kantian doctrines, revealing a tension within Kant's own view. Moreover, among interpretations that cast Kant as rejecting substantive realism but embracing procedural realism, some (i.e., those that are ‘constructivist’) face charges of (...) indeterminacy or relativism, while others (practical reasoning views) face ‘daunting rationalism’ objections. I close with some objections to interpreting Kant as a meta-ethical constructivist. (shrink)

This paper introduces a referential reading of Kant’s practical project, according to which maxims are made morally permissible by their correspondence to objects, though not the ontic objects of Kant’s theoretical project but deontic objects (what ought to be). It illustrates this model by showing how the content of the Formula of Universal Law might be determined by what our capacity of practical reason can stand in a referential relation to, rather than by facts about what kind of beings we (...) are (viz., uncaused causes). This solves the neglected puzzle of why there are passages in Kant’s works suggesting robust analogies between mathematics and ethics, since to universalize a maxim is to test a priori whether a practical object with that particular content can be constructed. An apparent problem with this hypothesis is that the medium of practical sensibility (feeling) does not play a role analogous to the medium of theoretical sensibility (intuition). In response I distinguish two separate Kantian accounts of mathematical apriority. The thesis that maxim universalization is a species of construction, and thus a priori, turns out to be consistent with the account of apriority that informs Kant’s understanding of actual mathematical practice. (shrink)