There has been much recent debate on the question of whether Kant is to be best understood as a moral realist or a moral constructivist. In an attempt to resolve this debate I examine whether moral constructivism is a form of moral idealism, briefly contrast realism and idealism, and draw on work in social ontology to look at the different accounts of moral ontology implicit in realist and constructivist accounts. As a result of this investigation I conclude that Kant is (...) a moral constructivist. (shrink)

RESUMEN En la ética y la filosofía política contemporáneas es común apelar a alguna forma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición "contractualismo" y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo "el dilema (...) contractualista": cuando hay una situación de desacuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del "dilema contractualista", el contractualismo no debe ser entendido como un método de justificación normativa. ABSTRACT It is common practice in contemporary ethics and political philosophy to appeal to some sort of hypothetical consensus to justify normative contents. In this article, I call that position "contractualism" and argue for three thesis in that respect. First, the common objection to contractualism is correct, namely, that stipulating a hypothetical consensus in an ideal situation of deliberation adds nothing to the justification of the normative content at stake. Secondly, this objection gives rise to what I have called "the contractualist dilemma": in a situation of disagreement between two agents over whether a normative content x is correct, resorting to a hypothetical agreement in ideal deliberation conditions as a means to justify x amounts to falling into petitio principii or to establishing a triviality. Third, in view of "the contractualist dilemma", contractualism should not be understood as a method of normative justification. (shrink)

En la ética y la filosofía política contemporáneas es común apelar a alguna for-ma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición “contractualismo” y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo “el dilema contractualista”: (...) cuando hay una situación de des-acuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del “dilema contractualista”, el contractualismo no debe ser en-tendido como un método de justificación normativa. (shrink)

Objective moral facts are supposed to be independent from us, but it has proven difficult to provide a clear account of this independence condition. Objective moral facts cannot be overly independent of us, as even an objective morality would depend, in important respects, on features of us. The challenge is to respect these moral mind-dependencies without inappropriately counting too many moral facts as objective. In this paper, I delineate and evaluate several different versions of the independence condition in moral objectivity. (...) I raise problems for these ways of formulating moral objectivity and then develop a better account of moral objectivity, one that avoids the pitfalls of other proposals. (shrink)

RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a complementaridade (...) entre alguns aspectos metodológicos e os objetivos gerais assumidos em "A theory of justice", sobretudo, no que diz respeito à caracterização da posição original como situação ideal de deliberação entre agentes racionais que se reconhecem como livres e iguais em sua pluralidade. Nesse sentido, concentrar-nos-emos na interpretação do nexo entre o véu de ignorância e o equilíbrio reflexivo como momento constitutivo de um processo de reflexão prática em que interagem, sem contradição, racionalidade lógicoformal e razoabilidade das restrições. Daí, indicaremos, em linhas gerais e de maneira absolutamente provisória, em que termos nos parece possível compatibilizar construtivismo e contratualismo em "A theory of justice". ABSTRACT The aim of this paper is to propose, through the role that the relationship between method and objectives plays in "A theory of justice", a possible reading of the contractarian sui generis approach adopted by Rawls in his masterpiece. In particular, we will take advantage, as a starting point, of two critical objections that Onora O'Neill presents in one of her latest interventions on Rawls' thought. Then, we will try to show how such critical objections are somewhat insubstantial, to the extent that the complementarity between some methodological aspects and the general objectives assumed in "A theory of justice" is emphasized, especially with regard to the characterization of the original position as ideal situation of deliberation among rational agents who recognize themselves as free and equal in their plurality. In this sense, we will focus on the interpretation of the link between the veil of ignorance and the reflective equilibrium as a constitutive moment of a process of practical reflection in which logical-formal rationality and reasonableness of restrictions interact, without contradiction. Hence, we will indicate, in a general and absolutely provisional way, in which terms it seems possible to reconcile constructivism and contractualism in "A theory of justice". (shrink)

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...) – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

An increasingly popular moral argument has it that the story of human evolution shows that we can explain the human disposition to make moral judgments without relying on a realm of moral facts. Such facts can thus be dispensed with. But this argument is a threat to moral realism only if there is no realist position that can explain, in the context of human evolution, the relationship between our particular moral sense and a realm of moral facts. I sketch a (...) plausible evolutionary story that illuminates this relationship. First, the sorts of adaptive pressures facing early humans would have produced more than just potent prosocial emotions, as evolutionary antirealists like to claim; it would have produced judgments—often situated within emotions—to the effect that others could reasonably disapprove of some bit of conduct, for an early human who cared deeply about how others might respond to her action enjoyed the benefits of more cooperative exchanges than those early humans who did not. Second, according to objectivist versions of moral constructivism, moral facts just are facts about how others, ideally situated, would respond to one's conduct. Thus if any objectivist moral constructivism story is true, then we can intelligibly assert that a) our capacity for moral judgment is the product of adaptive pressures acting on early humans and b) some moral judgments are objectively true. (shrink)

The author considers how constructivism, presently known to us essentially as a theory for generating rules of social cooperation, embodies a certain conception of justification that in turn may be thought of as a general theory. It is argued that moral realism and projectivism are by turns platitudinous and unsatisfactory as conceptions of justification; by contrast the general conception of justification in constructivism makes sense of reason giving and coherent rivalry. The author argues that once the right picture of justification (...) is in place, the picture constructivism illustrates or embodies, the problem of moral ontology disappears. (shrink)

One of the most familiar arguments for expressivist metaethics is the claim that the rival theory, moral realism, cannot provide a satisfying explanation of why moral properties supervene on natural properties. Non-cognitivism, however, has its own problems explaining supervenience. Expressivists try to establish supervenience either by second-order disapproval of type-inconsistent moral evaluations or by pragmatic considerations. But disapproval of inconsistency is merely a contingent attitude that people happen to have; and pragmatic justification does not allow for appraisers to take their (...) own moral attitudes seriously enough. What has been overlooked is a third alternative. The metaethical theory that can best account for supervenience is neither realist nor non-cognitivist but an objectivist version of constructivism. On the constructivist theory, right and wrong are determined by the principles that people would (hypothetically) consent to under ideal conditions. Type-consistency is a required feature of any principles regulating our conduct, if they are to be freely agreed to by ideally rational people. (shrink)

The Kantian strain of practical constructivism (through Rawls, Korsgaard, and others) has been so influential that it is tempting to identify the constructivist approach in practical domains with the Kantian development of the outlook. In this essay, I explore a different variety of practical constructivism, what I call “Aristotelian constructivism”. My aim is to establish conceptual space for this form of constructivism by indicating in what ways Aristotelian constructivism agrees with its Kantian counterparts and in what ways it differs. I (...) claim that it is, in one sense, more faithful to the constructivist enterprise than the Kantian varieties, in that its understanding of both the establishment of practical truth and the vindication of the theory itself is constructivist. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

This critical survey of recent work on Kant's doctrine of the fact of reason and his doctrine of the practical postulates (of freedom, God, and immortality) assesses the implications of these doctrines for the debate about realism and antirealism in Kant's moral philosophy. Section 1 briefly surveys some salient considerations from the first Critique and Groundwork. In section 2, I argue that recent work on the role, content, "factual" nature, and epistemic status of the fact of reason does not support (...) an anti-realist interpretation of Kant's ethics. In section 3, I argue that recent work on the derivation and epistemic and ontological status of the practical postulates does not support an anti-realist interpretation of Kant's ethics. (shrink)

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)

Neo-Aristotelian virtue ethics identifies the virtues with the traits the fully virtuous person possesses. Further, it depicts the fully virtuous person as having all the cognitive perfections necessary for possessing practical wisdom. This paper argues that these two theses disqualify faith as trust, as construed on contemporary accounts of faith, as a virtue. For faith’s role as a virtue depends on limitations of its possessor that are incompatible with the psychological profile of the fully virtuous person on the neo-Aristotelian picture. (...) I argue that because of tensions internal to the standard neo-Aristotelian view and the compelling arguments in recent literature that faith is a virtue, the neo-Aristotelian has good reason to revise her account of virtue and picture of the fully virtuous person. (shrink)

It is a common idea that morality, or moral truths, if there are any, must have some sort of source, or grounding. It has also been claimed that constructivist theories in metaethics have an advantage over realist theories in that the former but not the latter can provide such a grounding. This paper has two goals. First, it attempts to show that constructivism does not in fact provide a complete grounding for morality, and so is on a par with realism (...) in this respect. Second, it explains why it seems that morality in fact couldn't have a source. (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)

This article builds on David Velleman’s recent work on moral relativism to argue that Kant’s account of moral judgement is best read in a contextualist manner. More specifically, I argue that while for Kant the form of moral judgement is invariant, substantive moral judgements are nonetheless context-dependent. The same form of moral willing can give rise to divergent substantive judgements. To some limited extent, Kantian contextualism is a development out of Rawlsian constructivism. Yet while for constructivists the primary concern is (...) with the derivation of generally valid principles of morality, Velleman’s Kant-inspired form of moral relativism demonstrates the indispensability to a Kantian approach of indexical reasons for action. I argue in turn that Velleman’s focus on the indexical nature of reasons for action must be supplemented by an account of agential reflexivity. The latter divides Kantian contextualism from Kantian relativism. (shrink)

In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare of (...) some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)

A commentary on Richard Joyce's The Evolution of Morality.

In this article, I articulate and respond to an epistemological challenge to meta-normative realism. The challenge has it that, if realism about the normative is correct, and if evolutionary forces have significantly influenced our normative judgments, then it would be a remarkable coincidence if the content of the normative facts and our normative judgments were aligned. I criticize David Enoch's recent attempt to meet this challenge, but provide an alternative response that is structurally similar. I argue that if realism is (...) correct, then it would be remarkable if the content of our normative judgments and the normative facts were not significantly aligned. (shrink)

John Rawls se apresenta como um contratualista para questões de ética normativa, ao mesmo tempo em que desenvolve um apelo construtivista em sua teoria. Não obstante, não é clara qual a relação que ele estabelece entre o seu modelo procedimental de justiça e a metáfora da construção normativa. O objetivo central deste artigo é demonstrar em que medida seu o modelo contratualista pode ser interpretado como uma forma de construtivismo procedimental. Para isso, analisaremos contrato e construtivismo separadamente para, posteriormente, identificar (...) os conectivos entre ambos. Com isso, esperamos esclarecer esta relação e responder algumas objeções levantadas a este modelo. (shrink)

Creeping minimalism threatens to cloud the distinction between realist and anti-realist metaethical views. When anti-realist views equip themselves with minimalist theories of truth and other semantic notions, they are able to take on more and more of the doctrines of realism (such as the existence of moral truths, facts, and beliefs). But then they start to look suspiciously like realist views. I suggest that creeping minimalism is a problem only if moral realism is understood primarily as a semantic doctrine. I (...) argue that moral realism is better understood instead as a metaphysical doctrine. As a result, we can usefully regiment the metaethical debate into one about moral truthmakers: in virtue of what are moral judgments true? I show how the notion of truthmaking has been simmering just below the surface of the metaethical debate, and how it reveals one metaethical view (quasi-realism) to be a stronger contender than the others. (shrink)

Kit Fine, the leading proponent of the metaphysical project of grounding theory, has offered a number of potentially devastating objections to truthmaker theory, the branch of metaphysics dedicated to exploring the ontological grounds for truths. In this paper I show what presuppositions about truthmaker theory Fine’s objections are based upon, and why they are false. I discuss four objections that Fine raises, and demonstrate how truthmaker theorists may respond to them. I then showcase the positive contribution that truthmaker theory can (...) make to metaphysics, including its ability to speak to a core metaphysical topic (the ontological grounds for truths) that Fine’s approach to grounding must ultimately remain silent on. I conclude by exploring what I take to be the best option when it comes to understanding how truthmaking and grounding fit together. (shrink)

Realism and anti-realism about a domain of thought are metaphysical theses that involve the natures of the truthmakers in that domain and the truthmaking relation that is operant in the domain. Truthmaker theory is not exclusive territory for realists: anti-realist views are also best understood in terms of how they understand truthmakers and truthmaking. In particular, I explore the possibility of projectivist truthmaking, and show how it makes sense of quasi-realism. In addition to critically examining some extant accounts of the (...) relationship between realism and truthmaking, I offer an account that best captures the nature of the various realism debates. (shrink)