This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...) for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

In this paper, I appeal to two aspects of Immanuel Kant’s philosophy – his metaphysics and ethics – in defense of abortion rights. Many Kantian pro-life philosophers argue that Kant’s second principle formulation of the categorical imperative, which proscribes treating persons as mere means, applies to human embryos and fetuses. Kant is clear, however, that he means his imperatives to apply to persons, individuals of a rational nature. It is important to determine, therefore, whether there is anything in Kant’s philosophy (...) that permits regarding embryos and fetuses as persons, since they lack the capacity for sentience (at least until mid-gestation), let alone rational thought. In the first part of the paper, I will illustrate why there are difficulties maintaining, from a Kantian perspective, that conception marks the genesis of a new person. Even granting that embryos and fetuses are persons, however, this alone would not entail the moral impermissibility of abortion rights, mainly because prohibiting abortion, and compelling women to gestate, violates the formula of humanity against them. Developing this thesis encompasses the second part of my essay. Finally, although I argue that Kant’s philosophy lends strong support to abortion rights, this does not thereby entail that it allows for the complete dehumanization of the human fetus. By appealing to the writings of Kantian scholar Allen Wood, I will argue that a fetus’ status as a potential person does render it worthy of some degree of respect and moral value. (shrink)

I criticize various anti- and pro-abortion arguments. then, using the principle that a consistent person who thinks it permissible to do a to another will also consent to the idea of someone doing a to him in similar circumstances, i argue that most people could not consistently hold that abortion is normally permissible. i discuss possible objections and distinguish my view from hare's.

The formula of universal law (FUL) is a natural starting point for philosophers interested in a Kantian perspective on the morality of abortion. I argue, however, that FUL does not yield much in the way of promising or substantive conclusions regarding the morality of abortion. I first reveal how two philosophers' (Hare's and Gensler's) attempts to use Kantian considerations of universality and prescriptivity fail to provide analyses of abortion that are either compelling or true to Kant=s understanding of FUL. I (...) then turn to some recent interpretations of Kant=s FUL contradiction in conception (CC) and contradiction in will (CW) tests. I argue that none of the interpretations of the CC testBincluding the practical interpretation favored by KorsgaardBdoes much to reveal moral problems with maxims of abortion. The CW test (as developed by Herman) is more helpful. Nevertheless, I argue that neither by considering abortion maxims as a subset of maxims of convenience killing, nor by considering such maxims as maxims of refusing to aid, can the CW test generate a general prohibition of abortion. At best, the CW test illuminates the abortion issue because by forcing us to think about how killing a fetus differs from killing other human beings, what attitudes we may reasonably have toward a fetus, and whether Kant's moral theory must be amended to do justice to the problem of abortion. But to pursue these questions, we must look beyond FUL; Kant’s formula of humanity and doctrine of virtue may well have more to offer. (shrink)

This is a book about the harms of oppression, and about addressing these harms using the resources of liberalism and Kantianism. Its central thesis is that people who are oppressed are bound by the duty of self-respect to resist their own oppression. In it, I defend certain core ideals of the liberal tradition—specifically, the fundamental importance of autonomy and rationality, the intrinsic and inalienable dignity of the individual, and the duty of self-respect—making the case that these ideals are pivotal in (...) both understanding and counteracting oppression. I argue that if we take these ideals seriously then it follows that people who are oppressed have an obligation to themselves to resist their own oppression. (shrink)

This paper takes up Kant's argument that infanticides - specifically unwed women who kill their illegitimate children at birth - should not be tried for murder or receive the death penalty. Kant suggests that their actions are committed in a 'state of nature' outside the law's jurisdiction. I aim here both to defend Kant's reasoning against charges that it is cruel , as well as to understand what Kant was thinking in introducing such a 'temporary' state of nature. I claim (...) that such a state of nature arises in Kant's thinking when powerful social norms conflict with legal requirements, rendering legal sanctions and protections moot for the actor. Kant's thinking here shows him struggling with the fact of powerful social norms, something his practical theory rarely does, focused as it is on practical laws that come from pure reason, or from self-interest, and not from the hybrid of rational and natural, moral and 'sensuous,' that is social life. Kant ultimately rejects 'temporary state of nature' exemptions from law, and instead urges legal reforms aimed at averting conflicts between social and legal norms. (shrink)