In Kantian Consequentialism, David Cummiskey argues that the central ideas of Kant's moral philosophy provide claims about value which, if applied consistently, lead to consequentialist normative principles. While Kant himself was not a consequentialist, Cummiskey thinks he should have been, given his fundamental positions in ethics. I argue that Cummiskey is mistaken. Cummiskey's argument relies on a non-Kantian idea about value, namely that value can be defined, and objects with value identified, conceptually prior to and independent of the choices that (...) a rational agent would make. The contrasting Kantian concept of value is that to possess value is to be the object of of rational choice. Inasmuch as Cummiskey gives no reason to reject the Kantian account of value in favour of his own account, his argument does not establish that Kant's ethics inevitably leads to normative consequentialism. (shrink)

The central problem for normative ethics is the conflict between a consequentialist view--that morality requires promoting the good of all--and a belief that the rights of the individual place significant constraints on what may be done to help others. Standard interpretations see Kant as rejecting all forms of consequentialism, and defending a theory which is fundamentally duty-based and agent-centered. Certain actions, like sacrificing the innocent, are categorically forbidden. In this original and controversial work, Cummiskey argues that there is no defensible (...) basis for this view, that Kant's own arguments actually entail a consequentialist conclusion. But this new form of consequentialism which follows from Kant's theories has a distinctly Kantian tone. The capacity of rational action is prior to the value of happiness; thus providing justification for the view that rational nature is more important than mere pleasures and pains. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

This paper explores the charge by Bruce Aune and Allen Wood that a gap exists in Kant's derivation of the Categorical Imperative. I show that properly understood, no such gap exists, and that the deduction of the Categorical Imperative is successful as it stands.

The concept of political authority is the guiding problematic of Kant's mature political philosophy. The proper foundation of state authority lies, according to him, in the idea of an “original contract” and it is only in terms of this regulative principle that the sovereign nature of the state can even be conceived. By placing this doctrine at the core of his political thought Kant appears to affirm the fundamental tenet of the contractarian tradition: legitimate political authority arises only from the (...) consent of those under such authority. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, (...) but rather two facets of punishment, each independent but nevertheless mutually restrictive. Punishment as a threat was intended to deter crime. It was a tool in the hands of civil society to counteract human drives toward violating another's rights. In its execution, however, the state was limited in its reaction by a retributive theory of justice demanding respect for the individual as an end and not as a means to some further social goal. This interpretation of Kant's theory of punishment maintains consistency from the earliest through the latest of his writings on moral, legal, and political philosophy. It provides a good reason for rejecting current economic analyses of crime and punishment. Most important of all, it credits Kant's theory in its clear recognition of the ideals intrinsic to libertarian government. (shrink)

This paper examines the commonplace assertion that utilitarianism allows for and even, at times, requires the punishment of the innocent. It traces the origins of this doctrine to the writings of the British Idealists and the subsequent development of what is called the post-utilitarian paradigm which posits various justifications for punishment such as retribution, deterrence and reform, finds all of them inadequate, and then, with the addition of other ideas, reconciles them. The idea of deterrence is falsely depicted as the (...) utilitarian contribution to the theory of punishment, while deterrence in fact is one of several elements in the utilitarian theory. The mistake comes from ignoring the pain-pleasure dimension of Benthamite utilitarianism and from regarding the principle of utility itself as the sole criterion of action in a ‘top-down’ fashion. (shrink)

Was Green a utilitarian? At least two studies suggest that he was, at least in some sense. One claim is inspired by Macpherson's association of nineteenth-century liberalism with utilitarianism. Drawing on this argument, Greengarten and Hansen claim that Green's departure from utilitarianism is only partial. His commitment to capitalism indicates a subscription to utilitarianism since the latter is the justificatory force of capitalist institutions.

… the supreme end, the happiness of all mankind. The law concerning punishment is a Categorical Imperative; and woe to him who rummages around in the winding paths of a theory of happiness, looking for some advantage to be gained by releasing the criminal from punishment or by reducing the amount of it.

In the Groundwork of the Metaphysic of Morals' Kant is explicit, sometimes to the point of peevishness, in denying anthropology and psychology any part or place in his moral science. Recognizing that this will strike many as counterintuitive he is unrepentant: ‘We require no skill to make ourselves intelligible to the multitude once we renounce all profundity of thought’. That the doctrine to be defended is not exemplified in daily experience or even in imaginable encounters is necessitated by the very (...) nature of morality which cannot be served worse ‘… than by seeking to derive it from examples’. Thus, the project of the moral philosopher begins with the recognition that the moral realm is not mapped by anthropological data and does not get its content therefrom. Rather, moral philosophy must be ‘completely cleansed’ of everything that is appropriate to anthropology. (shrink)

Here I set the stage for developing a Kantian account of punishment attuned to social and economic injustice and to the need for prison reform. I argue that we cannot appreciate Kant's own discussion of punishment unless we read it in light of the theory of justice of which it is a part and the fundamental commitments of that theory to freedom, autonomy and equality. As important, we cannot properly evaluate Kant's advocacy of the law of retribution unless we recognize (...) his theory of justice as an ideal theory. Once we understand both Kant's larger account of justice and its relationship to his less basic commitments, we discover grounds to accept that larger theory, but reject components like the law of retribution with their basis in empirical conclusions we may not share with Kant. We also open the way to develop an account of punishment responsive to social circumstances. (shrink)

As far as consideration of man as phenomenon, as appearance, as an empirical self, is concerned, Kant appears to be a thoroughgoing psychological hedonist.

This paper explicates and challenges John Rawl's argument concerning a rule-utilitarian theory of punishment. In so doing, it argues in favour of a retributivist theory of punishment, one that seeks to justify, not only particular forms of punishment, but the institution of punishment itself. Some crucial objections to retributivism are then considered: one regarding the adverse effects of punishment on the innocent, another concerning proportional punishment, a third pertaining to vengeance and retribution, a Marxian concern with retributive punishment, and a (...) concern with the concept of desert. Each objection is deflected in order to ward-off what seem to be the most serious criticisms of a retributivist view of punishment and to clarify the depth of the retributivist position. (shrink)