Kant’s chapter “On the Typic of the Pure Practical Power of Judgement” is one of the most obscure passages of the Critique of Practical Reason and it has often been regarded as a mere appendix. However, it deals with a fundamental question, namely, how can the pure practical law be applied to particular cases. In this paper, I would like to make an original contribution towards a better understanding of this chapter by comparing it to the Schematism chapter on the (...) basis of their analogical relation and suggesting how the reference to a sensus communis could help in solving the aim of the Typic chapter. (shrink)

Stephen Engstrom has recently offered an excellent account of morality as practical cognition. He emphasizes the formal conditions of practical knowledge, which he finds in Kant. Engstrom also aligns his account with constructivism, claiming that value is constructed through these formal conditions, chiefly universalisability. In this paper, I employ a variant of Hegel’s empty-formalism objection to challenge the moral significance of the mere form of practical knowledge. I hope to show that Engstrom’s constructivism is neither philosophically compelling, nor required by (...) the rest of his position. In its place, I propose a realist understanding of the value of practical knowledge. (shrink)

It is common for constructivists to claim that Kant was the first philosopher to understand moral facts as ‘constructions of reason’. They think that Kant, just like the constructivist, proposes a procedure – the Categorical Imperative – from which the order of value can be ‘constructed’ and grounds the validity of this construction procedure not in some previous value but in its capacity to solve a practical problem, the problem of ‘free agency’. I here argue that this reading is misguided (...) and propose that we read Kant as a teleological realist instead. Kant is a realist in that he takes the value of rational nature to be objective and so not ‘constructed’. Kant is a teleological realist insofar as his derivation of the moral law from the objective value of rational nature relies on a teleological understanding of rational nature. (shrink)

. John Cottingham suggests that “only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives.” Two main reasons for endorsing this proposition are assessed: the religious origins of conscience, and the need to explain its normative authority. I argue that Graeco-Roman conceptions of conscience cast doubt on this first historical claim, and that secular moral realisms can account for the obligatoriness of conscience. Nevertheless, the recognition of the need for an objective (...) foundation for conscience which emerges from these debates should be embraced by both secular and religious ethicists alike. (shrink)

In Understanding Moral Obligation: Kant, Hegel, Kierkegaard, Robert Stern argues that Hegel has a social command view of obligation. On this view, there is an element of social command or social sanction that must be added to a judgment of the good in order to bring about an obligation. I argue to the contrary that Hegel's conception of conscience, and thus the individual's role in obligation, is more central to his account than the social dimension. While agreeing with Stern that (...) Hegel's conception of Sittlichkeit does preserve a role for obligation, and that the social plays an important part in that account, I argue that there is no extra social component that converts the morally good into obligation. Rather, Hegel's conception of Sittlichkeit as the “living good” means that judgments of the moral facts are simultaneously judgments of obligation. (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)

According to G.E.M Anscombe’s paper ‘Modern Moral Philosophy’, modern moral philosophy has introduced a spurious concept of moral obligation, and has therefore made a mistake that the Greeks, and Aristotle in particular, avoided. Anscombe argues that the modern concepts of obligation, duty, and the moral ‘ought’ are the remnants of an earlier, but post-Aristotelian conception of ethics, and that they ought to be abandoned. An examination of Anscombe’s historical and philosophical claims shows that we have no reason to take them (...) seriously. In particular, they rest on a misinterpretation of Scholastic views on ‘ought’ and obligation. (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)

European Journal of Philosophy, Volume 29, Issue 4, Page 795-810, December 2021.

En este artículo realizo una comparación de las teorías del castigo legal en la filosofía del derecho de Kant y de Hegel. La tesis que busco defender es que, al menos en lo que concierne a este tópico, las posiciones de Kant y de Hegel no deberían leerse en franca oposición, sino como pertenecientes a una familia común de teorías penales retributivistas. El análisis comparativo que presento busca arrojar luz sobre ciertos aspectos estructurales de su filosofía del derecho como un (...) todo y sobre algunas estrategias habituales en ellos en su procedimiento de justificación jurídico-filosófica. La discusión que aquí se presenta mostrará, no obstante, algunas limitaciones de ambas teorías y esbozará a grandes rasgos, a modo de solución a dichas dificultades, una lectura en la cual las concepciones filosóficas de Kant y de Hegel en torno al castigo legal son más bien consideradas como complementarias. (shrink)

In Understanding Moral Obligation, Robert Stern presents an interesting account of the history of ethics from Kant through Hegel and Kierkegaard. I argue that Stern in this account misinterprets Kierkegaard's Fear and Trembling and Works of Love by reading them as presenting a Divine Command Theory of moral obligation, as a philosophical account meant to compete with those of Kant and Hegel. It mistakes, indeed subverts, Kierkegaard's purposes to read him as engaging in a philosophical dialectic in these texts. I (...) argue that Stern's reading renders Kierkegaard's contribution internal to a philosophical dialectic that Kierkegaard means to speak against, from a position expressly and resolutely external to it. (shrink)

This essay tackles head on the argument that sees an inherent paradox in the autonomy of the will as the ground for the authority of the fundamental practical norms. It points out that only on reductive understandings of the autonomy of the will can this idea be qualified as paradoxical, thereby yielding outcomes that either contradict their premises or present autonomy under a false guise. With that done, it will proceed to offer a conception of the autonomy of the will (...) which is not vulnerable to the paradox, and which may therefore be equipped to rest the fundamental practical norms on solid ground. Throughout this discussion, I will rely on constitutivism about practical reasons to specifically defend the twofold conclusion that (a) the paradox of autonomy can be avoided and that, relatedly, (b) if autonomy is properly conceptualised, it is fully equipped and well positioned to ground the authority of the fundamental practical norms. (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)

This paper lays out two recent accounts of Hegel’s practical philosophy in order to present a challenge. According to Robert Stern and Mark Alznauer, Hegel attempts to ground our ethical practices in ontological norms. I argue that we cannot ground our ethical practices in this way. However, I also contend that Stern’s and Alznauer’s conception of reality as both conceptual and normative can still play a useful role in practical philosophy, namely, to help defuse a sceptical worry about a threat (...) to ethics. (shrink)