This is a semifinal draft of a forthcoming paper. Kant’s account of the pain of remorse involves a hybrid justification based on self-retribution, but constrained by forward-looking principles which say that we must channel remorse into improvement, and moderate its pain to avoid damaging our rational agency. Kant’s corpus also offers material for a revisionist but textually-grounded alternative account based on wrongdoers’ sympathy for the pain they cause. This account is based on the value of care, and has forward-looking constraints (...) much like Kant’s own account. Drawing on both Kant’s texts and recent work in empirical psychology, I argue that experiences of remorse which conform to the sympathetic account may fulfill Kant’s forward-looking goals better than those conforming to his own account. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...) others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

This paper draws attention to two problems with Kant's claim that transcendental freedom is timeless. The problems are that this causes conceptual difficulties and fails to vindicate important parts of our moral practices. I then put forward three ways in which we can respond to these charges on Kant's behalf. The first is to defend Kant's claim that transcendental freedom occurs outside of time. The second is to reject this claim, but try to maintain transcendental idealism. And the third is (...) to reject both Kant's claim about the timelessness of freedom and also transcendental idealism itself. (shrink)

In the modern moral luck debate, Kant is standardly taken to be the enemy of moral luck. My goal in this paper is to show that this is mistaken. The paper is divided into six sections. In the first, I show that participants in the moral luck literature take moral luck to be anathema to Kantian ethics. In the second, I explain the kind of luck I am going to focus on here: consequence luck, a species of resultant luck. In (...) the third, I explain why philosophers have taken Kantian ethics to reject moral luck and, in particular, consequence luck. In the fourth, I explain why these philosophers are mistaken, and I set out Kant’s theoretical framework for consequence luck. In the fifth, I clarify and defend this framework, and in the sixth, I interrogate and attack it. (shrink)

I argue that Kant's ethical framework cannot countenance a certain kind of failure to respect oneself that can occur within oppressive social contexts. Kant's assumption that any person, qua rational being, has guaranteed epistemic access to the moral law as the standard of good action and the capacity to act upon this standard makes autonomy an achievement within the individual agent's power, but this is contrary to a feminist understanding of autonomy as a relational achievement that can be thwarted by (...) the systematic attack on autonomy that occurs within oppressive social conditions. Insofar as Kant's negative duty of self-respect is unable to accommodate the ways immersion in oppressive social environments can warp an individual's understanding of what she is owed and capable of as a moral agent, it perpetuates the cruelty of unjust social systems in the guise of respecting individual autonomy. I conclude by considering Carol Hay's argument that those who are oppressed have an obligation to themselves to resist their own oppression, in order to explore how this limitation in how Kant conceives of the duty to respect the self may reach expression in contemporary ethical theory inspired by Kant. (shrink)

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive luck provide a reason to accept a (...) pro-moral luck interpretation of Kant. (shrink)

In this paper I discuss some relevant theses of Caranti?s Kant?s Political Legacy, whose aim is to provide a consistent account of how we could develop Kant?s political thought and see to what extent Kant?s insights can help us to critically understand the 21st century?s political world. First, I will focus on autonomy as the ground of dignity and discuss Caranti?s arguments against the exclusiveness of the Categorical Imperative as the sole principle of true moral agency. Second, I will take (...) into account Caranti?s views on history and consider whether human rational nature can be regarded as containing teleological - though non-biological - elements, thereby questioning Caranti?s Separability Thesis. nema. (shrink)

This article proposes a Kantian account of our reasons to forgive that situates our moral fallibility as their ultimate ground. I explore similarities and differences between Kant’s account in the Doctrine of Virtue and the more recent account offered by Garrard and McNaughton, 39–60, 2003). After tracing the connection between moral fallibility and moral luck, I discuss Kant’s argument for a duty to be forgiving. Kant’s strategy yields a plausible account of the normative status of forgiveness: Although we generally have (...) a moral reason to forgive others, forgiveness is not required in every case of wrongdoing. Kant’s argument is based on the assumption that we are all in need of forgiveness, the nature of which I go on to explain. Forgiveness has the power to relieve us of a burden that results from moral failure, which grounds both its standing as a duty and its importance in the lives of fallible moral agents. (shrink)