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)

Since more than 50 years Kant scholars debate the question whether the Law of Right as introduced in the Metaphysics of Morals by Kant can be justified by the Categorical Imperative. On the one hand we have those who think that Kant's theory of right depends from the Categorical Imperative, on the other hand we find a growing group of scholars who deny this. However, the debate has been flawed by confusion and misunderstanding of the crucial terms and principles. Therefore, (...) my first task will be to clarify these terms and principles by introducing distinctions that have been neglected too often. After this I try to show a) that the Law of Right can in fact be justified by using the testing method the Categorical Imperative prescribes and b) that there is no other way to justify it. Doing this I criticize in detail the new arguments adherents of the independence thesis have recently put forward. (shrink)

In the Groundwork Kant refers to the analogy between the moral law and the law of nature when clarifying the concept of the categorical imperative. However, in the Groundwork itself, he does not give any further explanation as to why he introduces the analogy. Therefore, I take the Groundwork as a starting point of my article, but then I explicate on the analogy from a broader perspective, focusing especially on his lecture courses Moral Mrongovius II and Naturrecht Feyerabend as well (...) as on his Typic chapter of the second Critique. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 281-292, January 2022.

The volume Applied Ethics. Perspectives from Romania is the first contribution that aims at showing to the Japanese reader a sample of contemporary philosophy in Romania. At the same time a volume of contemporary Japanese philosophy is translated into Romanian and will be published by the University of Bucharest Press. -/- Applied Ethics. Perspectives from Romania includes several original articles in applied ethics and theoretical moral philosophy. It is representative of the variety of research and the growing interest in applied (...) ethics in the last few years in Romania. The philosophy practised here is at the same time an international activity, but also a kind of research deeply involved in Romanian realities. The contributors to the volume are Romanian philosophers from the most important Universities in the country, including members of the Romanian Academy, but also junior researchers. -/- This volume was made possible thanks to the relationship established between the Applied Ethics Centres of the University of Bucharest, Romania, and Hokkaido University, Japan. (shrink)

Immanuel Kant (1724–1804) argued that moral requirements are based on a standard of rationality he dubbed the “Categorical Imperative” (CI). Immorality thus involves a violation of the CI and is thereby irrational. Other philosophers, such as Locke and Hobbes, had also argued that moral requirements are based on standards of rationality. However, these standards were either desirebased instrumental principles of rationality or based on sui generis rational intuitions. Kant agreed with many of his predecessors that an analysis of practical reason (...) will reveal only the requirement that rational agents must conform to instrumental principles. Yet he argued that conformity to the CI (a non-instrumental principle) and hence to moral requirements themselves, can nevertheless be shown to be essential to rational agency. This argument was based on his striking doctrine that a rational will must be regarded as autonomous, or free in the sense of being the author of the law that binds it. The fundamental principle of morality — the CI — is none other than the law of an autonomous will. Thus, at the heart of Kant's moral philosophy is a conception of reason whose reach in practical affairs goes well beyond that of a Humean ‘slave’ to the passions. Moreover, it is the presence of this self-governing reason in each person that Kant thought offered decisive grounds for viewing each as possessed of equal worth and deserving of equal respect. (shrink)