Kant: Philosophy of Gender, Race, and Sexuality

hese are replies to my critics at at Society for German Idealism and Romanticism (SGIR) Author-Meets-Critics session, Pacific APA 2021. -/- Published version of the full symposium is available on SGIR Review's homepage.

Recently, a number of Kantians have argued that despite Kant’s own disparaging comments about same-sex intercourse and marriage, his ethical and legal philosophy lacks the resources to show that they are impermissible. I go further by arguing that his framework is in fact more open to same-sex than to different-sex marriage. Central is Kant’s claim that marriage requires equality between spouses. Kant himself thought that men and women are not equal, and some of his more insightful remarks on the issue (...) reveal that he was also aware that, as a matter of fact, women were disenfranchised by society, and suffer legal and other forms of discrimination. Kant, according to his own account, cannot approve of heterosexual marriage. Same-sex couples, by contrast, can satisfy the crucial equality condition. I conclude with a suggestion for refocus with respect to the issues at hand, calling for attention to more complex and insidious forms of inequality than deprivation of rights and full civil participation. (shrink)

Im Gegensatz zur naturrechtlichen und moraltheologischen Tradition löst Kant in der „Rechtslehre“ die Ehe von Zeugungsintention und -fähigkeit, insofern das Recht Zwecksetzung wie interne Beschaffenheit von Akteuren ausblendet. In §7 der „Tugendlehre“ wirft Kant jedoch die ‚kasuistische‘ Frage auf, ob der eheliche Geschlechtsverkehr vom Standpunkt der Ethik an den Fortpflanzungszweck gebunden ist oder auch dann erlaubt sei, wenn eine Zeugung, etwa während einer Schwangerschaft oder aufgrund von Sterilität, nicht möglich ist. Dabei scheint es, als würde Kant hier ein besonderes Erlaubnisgesetz (...) annehmen, das den „unzweckmäßigen“ Geschlechtsverkehr zulassen, um andere, schwerwiegendere Laster zu verhindern. Wie eine genaue Analyse von TL § 7 zeigt, referiert Kant hier nur eine im 18. Jh. verbreitete Argumentation, die paulinischen Überlegungen des ersten Korintherbriefs verpflichtet ist. Kant selbst lehnt diese Position jedoch ab und sieht den fortpflanzungsuntauglichen Geschlechtsgebrauch als ethisch unzulässig an. Die progressive Ablösung der Ehe von der Arterhaltung, die Kant in der „Rechtslehre“ vornimmt, hat kein Pendant in der „Tugendlehre“. (shrink)

By setting the focus on issues of dependence and embodiment, feminist work has and continues to radically improve our understanding of Kant’s practical philosophy as one that is not (as it typically has been taken to be) about disembodied abstract rational agents. This paper outlines this positive development in Kant scholarship in recent decades by taking us from Kant’s own comments on women through major developments in Kant scholarship with regard to the related feminist issues. The main aim is to (...) provide an overview of the philosophical resources already available in the literature as well as a sense of where main interpretive and philosophical challenges currently lie. More specifically, I start with a brief summary of the kinds of statements Kant makes about women that give rise to the many interpretive and philosophical puzzles facing anyone who reads his philosophy carefully. I then provide a brief historical overview of many of the pioneering women Kant scholars who made it possible for there to be so many excellent women scholars in the Kant community today and for firmly establishing the condition of woman as a point of inquiry on the philosophical map. The last section is organized in themes to give the reader a sense of the current, related discussions. I provide an overview of the more recent literature regarding Kant on women, embodiment (sexual objectification, sexual activity, sexual violence, abortion), care relations (marriage, dependents, servants), and systemic injustice (poverty, sex work, and oppression). As we will see, these many engagements with Kant’s philosophy not only help us to better understand our inherited women-undermining and problematic dependency-furthering institutions and practices, but also provide ample philosophical resources that can be utilized in our efforts to envision the project of reform such that we can achieve a better future for each and all. (shrink)

This first part of a two-part series exploring implications of the natural differences between the sexes for the cultural evolution of marriage assesses whether Kant should be condemned as a sexist due to his various offensive claims about women. Being antithetical to modern-day assumptions regarding the equality of the sexes, Kant’s views seem to contradict his own egalitarian ethics. A philosophical framework for making cross-cultural ethical assessments requires one to assess those in other cultures by their own ethical standards. Sexism (...) is inappropriate if it exhibits or reinforces a tendency to dominate the opposite sex. Kant’s theory of marriage, by contrast, illustrates how sexism can be egalitarian: given the natural differences between the sexes, different roles and cultural norms help to ensure that females and males are equal. Judged by the standards of his own day and in the context of his philosophical system, Kant’s sexism is not ethically inappropriate. (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)

Late eighteenth-century writings on race by Kant and four of his contemporaries.

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious movements. Moreover, (...) though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

Within The Doctrine of Right in The Metaphysics of Morals Kant deals with the social institution of household, the Domestic Society, next to Property Right and Contract Right as part of the Private Right. The juridical problem to solve is the question to what extent human beings can be entitled to dispose persons as a “belonging” at all. This problem of Reification insistently arises with regard to the relation of partners in a marriage: According to Kant, Sexuality as a consumption (...) by which human beings make use of themselves as of things is reconcilable with the dignity of humanity only under the condition of marriage. By marrying, persons acquire one another reciprocally, so that they aren't in an external relation to one another any more. However, in contrast to this strict juridical reciprocity of the sexes in a marriage there is no corresponding equality concerning the regime of the household. Hence, with his anthropology of the sexes Kant unintentionally implements teleological patterns of argumentation into the Right of pure practical reason. (shrink)

Within The Doctrine of Right in The Metaphysics of Morals Kant deals with the social institution of household, the Domestic Society, next to Property Right and Contract Right as part of the Private Right. The juridical problem to solve is the question to what extent human beings can be entitled to dispose persons as a “belonging” at all. This problem of Reification insistently arises with regard to the relation of partners in a marriage: According to Kant, Sexuality as a consumption (...) by which human beings make use of themselves as of things is reconcilable with the dignity of humanity only under the condition of marriage. By marrying, persons acquire one another reciprocally, so that they aren't in an external relation to one another any more. However, in contrast to this strict juridical reciprocity of the sexes in a marriage there is no corresponding equality concerning the regime of the household. Hence, with his anthropology of the sexes Kant unintentionally implements teleological patterns of argumentation into the Right of pure practical reason. (shrink)

When examined critically, Kant's views on sex and marriage give us the tools to defend same-sex marriage on moral grounds. The sexual objectification of one's partner can only be overcome when two people take responsibility for one another's overall well-being, and this commitment is enforced through legal coercion. Kant's views on the unnaturalness of homosexuality do not stand up to scrutiny, and he cannot (as he often tries to) restrict the purpose of sex to procreation. Kant himself rules out marriage (...) only when the partners cannot give themselves to one another equally – that is, if there is inequality of exchange. Because same-sex marriage would be between equals and would allow homosexuals to express their desire in a morally appropriate way, it ought to be legalized. (shrink)

Care ethicists have long insisted that Kantian moral theory fails to capture the partiality that ought to be present in our personal relationships. In her most recent book, Virginia Held claims that, unlike impartial moral theories, care ethics guides us in how we should act toward friends and family. Because these actions are performed out of care, they have moral value for a care ethicist. The same actions, Held claims, would not have moral worth for a Kantian because of the (...) requirement of impartiality. Although Kantian moral theory is an impartial theory, I argue that the categorical imperative in the Formulation of Humanity as an End and the duty of respect require that we give special treatment to friends and family because of their relationships with us. Therefore, this treatment does have moral value for a Kantian. (shrink)

This paper explores the connections between Kant’s theory of hierarchical racial difference, on the one hand, and his cosmopolitanism and conceptions of moral and political progress, on the other. I argue that Kant’s racial biology plays an essential role in maintaining national-cultural differences, which he views as essential for the establishment of the cosmopolitan union. Unfortunately, not only are these views racist, they also complicate Kant’s ability to consistently think through the prospect of the human species’ moral progress. Thus, while (...) in the abstract, Kant’s attempts to understand the prospects for moral and political progress as rooted in historical reality, and his insistence that such progress is necessarily connected to the persistence of cultural difference, is appealing, his own way of carrying this out is decidedly not, being so intimately connected to racial hierarchy as a basic source of difference. (shrink)

Immanuel Kant enshrined the modem notion of race. Many commentators prefer to ignore this aspect of Kant’s thinking, considering it to be out-dated, merely a remnant of eighteenth century philosophy or bad science. This article will examine Kant’s racial theory within the context of his wider work, and mainly so with regard to the teleological principle. Kant often presents his new notion of race and racial differences in relation to teleology, i.e., he used races as an example for understanding the (...) teleological principle. The aim of this article is to understand the relationship between Kant’s racial theory and his teleology, which is essential for comprehending his cosmopolitanism. Instead of merely discarding the racist remarks in Kant’s work as marginal and distracting from his central argument, the article will show that Kant’s teleology is a means for him to exclude non-white races from a positive, moral development of a culture. (shrink)

A discussion of McCloskey's argument for a bourgeois virtue ethics. I criticize his opposition of Adam Smith's and Kant's ethics, arguing that they share much more than the author believes. I criticize the idea that what is most respectable in modern liberal-democratic societies is a gift of Capitalism.

During the 1780s, as Kant was developing his universalistic moral theory, he published texts in which he defended the superiority of whites over non-whites. Whether commentators see this as evidence of inconsistent universalism or of consistent inegalitarianism, they generally assume that Kant's position on race remained stable during the 1780s and 1790s. Against this standard view, I argue on the basis of his texts that Kant radically changed his mind. I examine his 1780s race theory and his hierarchical conception of (...) the races, and subsequently address the question of the significance of these views, especially in the light of Kant's own ethical theory. I then show that during the 1790s Kant restricts the role of the concept of race, and drops his hierarchical account of the races in favour of a more genuinely egalitarian and cosmopolitan view. (shrink)

What role does race play in the moral judgment of character? None, ideally, philosophers insist, contending that the proper assessment of an action requires that we disregard any social values associated with the body performing it. What rightly comes under evaluation, they assert, is the neutral, abstract deed irrespective of the race of the agent. Only under these conditions, presumably, can we gauge true moral worth. Reading together Immanuel Kant and Frantz Fanon on ethics and race, I propose instead that (...) embodied values such as those accorded by race do not distort the portrait of the ethical subject but rather bring that subjectivity into being. Key Words: blackness • embodiment • ethics • Frantz Fanon • Immanuel • Kant • morality • race • value. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...) for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

Beginning with an analysis of an early satire of Kant 's doctrine of marital law, this essay draws on Walter Benjamin's condensed exposition of this doctrine in order to ask whether Kant 's notoriously unsentimental representation of marriage is, in fact, from the perspective of his own idea of law, overly sentimental. Whereas Kant ridicules the idea of a "law of war" in his program for perpetual peace, he accepts the possibility of legally sanctioned intercourse, in which people use others (...) and themselves. Between marital law and martial law lies maritime law, which concerns a surface that can be used but not mastered. (shrink)

This essay is a commentary upon "Race and Kant" by Thomas Hill, Jr and Bernard Boxill. They argue that although Kant in his anthropological writings took blacks to be inferior, his moral theory requires that they be shown the proper moral respect since blacks are persons nonetheless. I argue that this argument is sound, because the conception of inferiority that Kant attributed to blacks does not permit showing them the proper moral respect. Imagine a defective Mercedes Benz and a Ford (...) Pinto. These two cars are not inferior in the same sort of way. For Kant, I argue, the inferiority of blacks is more akin to that of a Ford Pinto; for he undoubtedly took blacks to be perpetual children. Chilren are persons, too; however, no one has ever supposed that moral theory applies to children in the full way that it applies to adults. (shrink)

This article discusses the views of Immanuel Kant on sexual perversion (what he calls "carnal crimes against nature"), as found in his Vorlesung (Lectures on Ethics) and the Metaphysics of Morals (both the Rechtslehre and Tugendlehre). Kant criticizes sexual perversion by appealing to Natural Law and to his Formula of Humanity. Neither argument for the immorality of sexual perversion succeeds.

Many feminist philosophers have been highly critical of Kant’s ethics, either because of his rationalism or because of particular claims he makes about women in his writings on anthropology and political philosophy. In this paper, I call attention to the aspects of Kant’s ethical theory that make it attractive from a feminist standpoint. Kant’s duties to oneself are rich resource for feminism. These duties require women to act in ways that show respect for themselves as rational human agents by, e.g., (...) avoiding servility, self-deception, self-mutilation, and sexual self-degradation, and cultivating their natural talents (as well as their virtue). Duties to others demand that other people treat women respectfully by requiring that they avoid mocking, degrading, or acting arrogantly toward others. Indeed, even when one sets out to promote others’ happiness, Kant’s ethics requires that one not act paternalistically. Kant’s ethics insists that every rational agent recognize the equality and dignity of all rational agents. Thus, it pushes women to respect themselves and to demand respect from others; and it pushes men to respect women as a basic moral requirement. (shrink)

It is a critical review of the work: May Schott(ed), Feminisst interpretations of Immanuel Kant.

While much that is admirable in romanticism stems from Kant's philosophy,a better account of how sexuality can be an ethical possibility exceeds the cramped parameters that he imposes. His conception of marriage and its dependence upon a contractual exchange of rights may well be irremediable because of its formal emptinesses. His idea of human love as good will and an interest in the welfare of the beloved is defensible as far as it goes. But it does not go far enough (...) to explain the morality of love, either in sexuality or in marriage. (shrink)

Barbara Herman's account of rules of moral salience goes far in explaining how Kantian moral theory can integrate historically emergent normative criticisms such as that offered by feminists. The ethical motives that initially lead historical agents to expand our moral categories, however, are often at odds with Kant's (and Herman's) theory of moral motivations. I argue that Hegel offers a more accurate account of ethical motivation under oppressive conditions.