‘Universalist’ moral principles have fallen into disfavour because too often they have been pretexts for unilateral impositions upon others, whether domestically or internationally. Too widely neglected has been Kant’s specifically Critical re-analysis of the scope and character of rational justification in all non-formal domains, including the entirety of epistemology and moral philosophy, including both justice and ethics. Rational judgment is inherently normative because it is in part constituted by our self-assessment of whether the considerations we now integrate into a candidate (...) judgment have been integrated as they ought, so as to form a cogent, justifiable judgment. Constitutive of this self-assessment is that rational judgments must be based upon considerations which can be communicated to all others, such that they too can assess them as sufficiently cogent justification; also constitutive of this rational self-assessment is that we actually engage with others who do assess our judgments. Kant’s Critical principles rule out in principle any unilateral imposition upon others, whether in cognition or morals. Using Kant’s Critical principles and methods in connection with ‘practical anthropology’ and the enormously important domain of acquired rights and obligations shows how Kant had already justified fundamentally universal principles of justice which can be institutionalised in variously distinctive cultures, and which form the proper bases for our acquired, specifically social rights and obligations, including those of friendship and community. (shrink)

In Political Liberalism, J. Rawls describes a meta-ethical procedure — political constructivism — whereby political theorists formulate political principles by assembling and reworking ideas from the public political culture. To many of his moral realist and moral constructivist critics, Rawls's procedure is simply a recent version of the “popular moral philosophy” that Kant excoriates in the Groundwork for the Metaphysics of Morals. I defend the idea of political constructivism on philosophical and political grounds. I argue that political constructivism is the (...) best available methodology for self-legislating, socially embedded and fallible human beings; then I show that political constructivism may produce principles that could garner the principled assent of Euro-American Muslims such as Taha Jabir Al-Alwani. The article considers how political constructivism might be employed to formulate new political principles for Euro-American societies experiencing and confronting the Islamic revival. [R]. (shrink)

Metaethical constructivism is one of the main movements within contemporary metaethics – especially among those with Kantian inclinations. But both the philosophical coherence and the Kantian pedigree of constructivism are hotly contested. In the first half of this article, I first explore the sense in which Kant's own views might be described as constructivist and then use the resulting understanding as a guide to how we might think about Kantian constructivism today. Along the way, I hope to suggest that a (...) fairly diverse range of views within contemporary metaethics – including some without any explicit allegiance to Kant – may be thought of as pursuing a version of the resulting strategy. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...) go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

This article begins with a detailed analysis of how the choice situation of a social contract for international business ethics can be constructed and justified. A choice situation is developed by analyzing conceptions of the multinational firm and the domain of international business. The result is a hypothetical negotiation between two fictional characters, J. Duncan Grey and Elizabeth Redd, who respectively represent the interests of businesses and communities seeking to engage in international trade. The negotiators agree on ethical principles governing (...) wages, the environment, and compliance social and cultural norms. These principles are then shown to rest in wide reflective equilibrium with considered moral judgments on international business ethics, which are drawn from international agreements, such as the UN Declaration on Human Rights, and voluntary business initiatives, such as the Global Sullivan Principles and the UN Global Compact. (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)

The paper defends the theoretical strength and consistency of Rawls's constructivism, showing its ability to articulate and convincingly weave together several key ethical ideas; yet it questions the political relevance of this admirable normative architecture. After having illustrated Rawls's conception of moral agency and practical reason, the paper tackles two criticisms raised by Scheffler. First the allegation of naturalism based on Rawls's disdain of common sense ideas on desert is rebutted. It is then shown that, contrary to Scheffler's contention, Rawls (...) takes proper account of our moral sentiments in the process of constructing his normative theory. Finally, the second criticism is assessed, namely the inability of Rawls's theory to increase consent around liberal policies. Despite disagreement with details of Scheffler's argument, it is suggested that the failure of recent normative liberal theories to have a political impact belies their inability to take into proper consideration the reality of politics. A more realistic appraisal of political life and of historical events and developments are called for if political philosophy wants to be something more than an academic exercise. (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)

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)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In this first part, I raise the issue of the reflexivity of justification and question whether the reflexive challenge can be met within the framework of A Theory of Justice. (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)

While universalist theories have come under increasing attack from relativist and post-modern critics, such as Walzer, MacIntyre and Rorty, Kantian constructivism can be seen as a saviour of universalist ethics. Kantian constructivists accept the criticism that past universalist theories were foundational and philosophically comprehensive and thus contestable, but dispute that universalist principles are unattainable. The question then arises if Kantian constructivism can deliver a non-foundational justification of universal principles. Rawls, the first Kantian constructivist, has seemingly retreated from the universalist ambitions (...) of Kantian constructivism. However, others have taken up the project of Kantian constructivism. One of them is O’Neill, who argues that she can succeed where Rawls failed and provide a truly universal non-foundational constructivism. Her requirements for such a constructivism are a constructive justification of the procedure of construction and the use of only abstract, non-ideal starting points. I will argue that O’Neill fails on both accounts. Instead of justifying the principle of practical reason constructively she gives an instrumental and therefore conditional justification. Instead of relying on purely abstract starting points her account builds on an underlying value assumption. This indicates inherent contradictions within constructivism, and might force defenders of universalism to look elsewhere to answer the relativist and post-modern critic. (shrink)

Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...) argues that the empirically based analysis can generate criteria for assessing whether the normative theory successfully works out a solution, thereby developing a functionalist structure of justification. He further argues that this interpretation overcomes a longstanding criticism of constructivism, namely, that the use of substantive moral concepts in the hypothetical choice procedure biases the defense of principles in a particular direction and therefore begs important philosophical questions. (shrink)

Kantian constructivists accord a constitutive, justificatory role to the issue of scope: they typically claim that first-order practical thought depends for its authority on being suitably acceptable within the right scope, or by all relevant others, and some Kantian constructivists, notably Onora O'Neill, hold that our views of the nature and criteria of practical reasoning also depend for their authority on being suitably acceptable within the right scope. The paper considers whether O'Neill-type Kantian constructivism can coherently accord this key role (...) to the issue of scope while adhering to the universalist, ‘cosmopolitan’ commitments at its core. The paper argues that this is not so. On the one hand, it shows that O'Neill's attempt to ‘fix’ the scope of practical reasoning supposes, rather than establishes, a view of ethical standing and the scope of practical reasoning. On the other hand, the paper argues that Kantian constructivism should endorse a non-constructivist, perfectionist view of the good to determine that scope. The paper thereby supports the perfectionist conjecture that Kantian constructivism, in order to defend its universalist commitments, should take refuge in non-constructivist, perfectionist considerations, and that Kantian constructivism should therefore construe perfectionism as a partial, though uneasy, ally. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...) Finally, on this basis, it draws a contrast between constructivist and foundational methods of ethics, such as deontology and teleology. (shrink)

We can observe a connection between some serious environmental problems caused by the overexploitation of environmental resources and the particular conceptions of property rights that are claimed to hold with regard to these resources. In this paper, I investigate whether Kant’s conception of property rights might constitute a basis for justifying property regimes that would overcome some of these environmental problems. Kant’s argument for the right to property, put forward in his Doctrine of right, is complex. In Section 2, I (...) attempt an interpretation. Section 3 works out the defining characteristics of the conception of property rights that Kant’s argument establishes and investigates their implications for determining property regimes in environmental resources. Kant proposes a minimalist notion of the right to property as a triadic relation between persons with regard to an object, justified only on the condition that it is universalizable in the given circumstances. I argue that this notion offers a promising account for determining property relations with regard to environmental resources. By way of illustration, in Section 4, I focus on an example of Kantian property rights in one type of environmental resource: the marine fisheries. (shrink)

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...) no place within it at all. In fact, constructivism is sometimes defended as a normative theory about the justification of moral principles. Normative constructivism is the view that the moral principles we ought to accept are the ones that agents would agree to or endorse were they to engage in a hypothetical or idealized process of rational deliberation. -/- Metaethical constructivist theories aim to account for the nature of normative truths and practical reasons. They bear a problematic relation to traditional classifications of metaethical theories. In particular, there are disagreements about how to situate constructivism in the realism/antirealism debate. These disagreements are rooted in further differences about the definition of metaethics, the relation between normative and metaethical claims, and the purported methods pertinent and specific to metaethical inquiry. The question of how to classify metaethical constructivism will be addressed in what follows by focusing on the distinctive questions that constructivist theories have been designed to answer. Section 1 explains the origin and motivation of constructivism. Sections 2–4 examine the main varieties of metaethical constructivism. Section 5 illustrates related constructivist views, some of which are not proposed as metaethical accounts of all normative truths, but only of moral truths. Sections 6 and 7 review several debates about the problems, promise and prospects of metaethical constructivism. (shrink)

Razočaran društvenim uređenjem svoga vremena, u kojem dominira nejednakost, nesloboda pa shodno tome i nepravednost, Jean-Jacques Rousseau poseže za idejom društvenog ugovora. Ta ideja filozofa vodi u povijest te on sam sebi pokušava predočiti kako su ljudi iz prirodnog stanja prešli u građansko stanje. S obzirom na to da je postojeće građansko stanje iz ljudi izvuklo ono najgore, J.-J. Rousseau svu svoju nadu polaže u čovjeka u prirodnom stanju. U prirodnom stanju na snazi je samoljublje i milosrđe pa nema potrebe (...) za koncepcijom pravednosti. U građanskom stanju, koje je rezultat uznapredovale racionalnosti i uspostavljanja privatnog vlasništvo, na snazi je nepravednost. Samoljublje se pretvara u sebeljublje, a prirodni čovjek u razumsku životinju zvanu građanin koja sebe i svoje interese stavlja na prvo mjesto. Kao filozof, J.-J. Rousseau želi ponuditi viziju idealnog društva s novom verzijom društvenog ugovora koji će osigurati uspostavljanje pravednog građanskog uređenja. Iako ljudi u prirodnom stanju nemaju potrebu za uspostavljanjem pravednih odnosa, J.-J. Rousseau ipak smatra da oni u sebi nose ideju pravednosti, a produbljivanjem te ideje dolaze do ideje pravednog društvenog sporazuma. Tako shvaćena ideja pravednosti čini se kao poveznica između Aristotelove koncepcije političke pravednosti i pravednosti kao pravičnosti Johna Rawlsa. (shrink)

O objetivo do presente artigo é defender as seguintes teses. Em primeiro lugar, as teorias da justiça de Habermas e Rawls devem ser vistas como duas versões do construtivismo kantiano, entendido como abordagem metaética que pretende reunir anti-realismo e cognitivismo forte. Em segundo lugar, o contraste com o “construtivismo reconstrutivista” de Habermas ajuda a esclarecer de que modo a teoria de Rawls atende à pretensão de universalidade própria do cognitivismo forte. Ao realçar o fato de que o construtivismo de Rawls (...) está baseado no trabalho reflexivo da consciência individual, o contraste com Habermas permite compreender em que sentido os conceitos de equilíbrio reflexivo e consenso sobreposto designam um ideal com pretensão de validade universal, o que desmente o particularismo implicado nas interpretações coerentistas e relativistas destes conceitos. Normal 0 21 false false false PT-BR X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabela normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;}. (shrink)

This thesis reconstructs John Rawl's Original Position in order to show that within a liberal democratic culture, the institution of punishment ought to conform to the Moral Education Theory of Punishment, put forth by Jean Hampton. According to Hampton, punishment should facilitate a medium where the state educates the criminal on the moral implications of her wrongdoing. I argue that citizens would select the Moral Education Theory of Punishment in the Original Position, since it offers the best opportunity to redress (...) two calamities related to the criminal's wrongdoing---namely, that it threatens the moral status of the victim, and that it results from the wrongdoer's deficient moral sensibility. Upon consideration, the representatives in the Original Position recognize that redressing either of the two calamities necessitates redressing the other; thus, both objectives reinforce one another. Consequently, the representatives would unanimously select the principles of punishment manifest in the Moral Education Theory. (shrink)