Abstract

We should understand the concept of self-legislation that is central to Kant's moral philosophy not in terms of the enactment of statute, but in terms of the way in which judges make law, by setting down and refining precedent through particular judgements. This paper presents a descriptive model of agency based on self-legislation so understood, and argues that we can read Kant's normative ethics as based on this view of agency. It is intended to contribute to contemporary debates in moral psychology and to exegetical discussion of Kant.