Abstract

This article argues that Christine Korsgaard gives two accounts of maxims, the identity-priority account and the form-priority account. There is a tension between the accounts because Korsgaard's form-priority maxims account cannot function apart from the identity of a well-formed agent that precedes and tests maxims to determine if they should count as reasons or laws, and Korsgaard's identity-priority maxims account needs the form of the maxim to precede, bind, and constitute the well-formed agent. This tension mirrors the two sides of what Korsgaard has called the “paradox of self-constitution.” The article concludes that Korsgaard's paradox of self-constitution leads to an arbitrariness that undermines the formation of moral laws.