This chapter contains sections titled: Physician‐Assisted Suicide Refusing Life‐Saving Medical Treatment Organ Donation: Opt‐in or Opt‐out? Autonomy and the Body.

Matthew Caswell - The Value of Humanity and Kant's Conception of Evil - Journal of the History of Philosophy 44:4 Journal of the History of Philosophy 44.4 635-663 Muse Search Journals This Journal Contents The Value of Humanity and Kant's Conception of Evil Matthew Caswell Recent years have seen the development of a powerful reinterpretation of Kant's basic approach in ethical thought. Kant, it is argued, should not be read as defending the stark, metaphysics-laden formalism for which (...) his theory is so famous. Rather, the reinterpreters claim that the heart of Kantian practical philosophy is the absolute value of humanity, or human rational nature. Kant's ethics can thus be understood as a "theory of value," in which the singular value of our own end-setting capacity as rational agents is taken as supreme, or even as the source of all value. On this reading, morality is just acting in such a way that respects or promotes the value of humanity. Moreover, this value may be deduced through an immanent, regressive argument about the conditions of practical agency as such, according to which any adequate conception of ourselves as agents commits us, finally, to moral norms. The consequences of this approach to Kantian ethics for such central issues as the doctrine of transcendental freedom, ethical formalism, the meaning of Kantian deontology, and indeed the very picture of human moral life for which Kant's theory is meant to account are profound... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 44.4 (2006) 635-663 MuseSearchJournalsThis JournalContents[Access article in PDF]The Value of Humanity and Kant's Conception of EvilMatthew CaswellRecent years have seen the development of a powerful reinterpretation of Kant's basic approach in ethical thought. Kant, it is argued, should not be read as defending the stark, metaphysics-laden formalism for which his theory is so famous. Rather, the reinterpreters claim that the heart (...) of Kantian practical philosophy is the absolute value of humanity, or human rational nature. 1 Kant's ethics can thus be understood as a "theory of value," 2 in which the singular value of our own end-setting capacity as rational agents is taken as supreme, or even as the source of all value. On this reading, morality is just acting in such a way that respects or promotes the value of humanity. Moreover, this value may be deduced through an immanent, regressive argument about the conditions of practical agency as such, according to which any adequate conception of ourselves as agents commits us, finally, to moral norms.The consequences of this approach to Kantian ethics for such central issues as the doctrine of transcendental freedom, ethical formalism, the meaning of Kantian deontology, and indeed the very picture of human moral life for which Kant's theory is meant to account are profound. The evaluation of the value of humanity interpretation ultimately must examine the challenge posed to the traditional readings of these doctrines in a comprehensive manner. A contribution to this evaluation, however, can be made by a consideration of the relation of the conception [End Page 635] of the value of humanity to a far-reaching but relatively neglected element of Kant's theory, namely, his theory of evil as strictly ethically accountable. In the following analysis, I will show that the assignment of absolute value to humanity is incompatible with Kant's conception of evil. Accordingly, it will be shown that humanity, at least in so far as it is understood in the influential writings of several recent interpreters, cannot be taken by Kant as absolutely morally valuable. 3In the first part of this paper, we shall see how Kant's theory of the "original predisposition" (Anlage), presented as part of Kant's investigation of evil in Religion within the Limits of Reason Alone, denies the central claim of the value of humanity interpretation (Rel, 6:26–28). 4 Next I show why the position defended in the theory of the original Anlage is required by Kant's commitment to the imputability of evil. I will then consider whether the position of the Religion is compatible with the Groundwork argument so favored by the reinterpreters, in which Kant claims that the categorical imperative commands us to treat humanity in ourselves and in others as an end in itself. In the second part of the paper, several leading proponents of the value of humanity interpretation will be examined and criticized in the light of Kant's views uncovered in the first part. I close with brief remarks on the importance of the conception of evil for Kantian theory.1. Kant's Conception of Evil and the Normative Independence of Humanity and personalityBook One of the Religion contains Kant's definitive treatment of the issue of evil. In his investigation, Kant is committed to the basic imputability of evil to an extent rarely matched in the history of philosophy. For Kant, everything for which we can be praised or blamed—everything for which we are morally accountable, and thus everything that is morally good or evil—must necessarily be the product [End Page 636] of a free will. 5 This means that certain desires, or even our sensuous nature in general, cannot be the source of evil, for our sensuousness is not a product of our own freedom, but an imposition of unfree nature. If our will were overpowered by sensuous influences, such that we were compelled by natural forces to deviate from the law, we could... (shrink)

What makes political freedom valuable to us? Two well-known arguments are that freedom contributes to our desire satisfaction and to our personal responsibility. Here, Boudewijn de Bruin argues that freedom is valuable when it is accompanied by knowledge. He offers an original and systematic account of the relationship between freedom and knowledge and defends two original normative ideals of known freedom and acknowledged freedom. -/- By combining psychological perspectives on choice and philosophical views (...) on the value of knowledge, he shows how known freedom is crucial to satisfy our desires and assume responsibility. Known freedom is compromised when salespeople deploy consumer-obfuscation, or when news outlets use contextual framing techniques to steer the way their audiences process information. Conversely, carefully developed consumer protection and information disclosure regulation can foster known freedom. Acknowledged freedom, from ethical and economic perspectives, offers protection and makes our freedoms more stable. It embodies an ideal of mutual recognition that underlies informed consent and the ethics of communication, and can also contribute to a flourishing corporate culture. -/- This book integrates and extends cutting-edge research from philosophy, economics, psychology, and law to reorient debates on privacy, neuromarketing, sustainable finance, corporate culture, consumer protection, media violence, and freedom of speech. -/- An original account of the relation between freedom and knowledge, integrating cutting-edge research from philosophy, economics, psychology, and law; defends the ideals of known and acknowledged freedom; offers new perspectives on debates surrounding privacy, corporate culture, consumer protection, freedom of speech, and more -/- Introduction: Why Freedom is Not Enough 1:From Choice Overload to Discrimination: Arguments for Freedom 2:From Brainwashing to Neuromarketing: Freedom of Belief 3:From the Value of Knowledge to Skills and Stereotypes: The Individual Ideal of Known Freedom 4:From Common Knowledge to the Ethics of Communication: The Social Ideal of Acknowledged Freedom 5:Sustainable Finance and Responsible Investors 6:Ethics Management and Informed Stakeholders 7:Freedom of Speech and Consumer Autonomy 8:Liberal Privacy and Legal Protection Conclusion: How Freedom Can Be Sufficient . (shrink)

The two standard interpretations of Kant’s view of the relationship between external freedom and public law make one of the terms a means for the production of the other: either public law is justified as a means to external freedom, or external freedom is justified as a means for producing a system of public law. This article defends an alternative, constitutive interpretation: public law is justified because it is partly constitutive of external freedom. The constitutive view (...) requires conceiving of external freedom in a novel, second-personal way, that is, as an irreducibly relational norm. (shrink)

I argue that Sartre's Transcendence of the Ego draws on Kant's theory of spontaneity to articulate its metaphysical account of consciousness's mode of being, to defend its phenomenological description of the intentional structure of self‐consciousness, and to diagnose the errors that motivate views of consciousness qua person or substance. In addition to highlighting an overlooked dimension of Sartre's early relation to Kant, this interpretation offers a fresh account of how Sartre's argument for the primacy of pre‐personal consciousness works, and (...) brings the extent of his proximity to idealist models of mind into greater relief. It also affords Sartre the resources to respond to criticisms that his account of self‐consciousness relies on a spurious distinction and that his view of freedom cannot explain how consciousness is conditioned by its world. (shrink)

Abstract: This essay examines two interpretations of Kant's argument for the formula of humanity. Christine M. Korsgaard defends a constructivist reading of Kant's argument, maintaining that humans must view themselves as having absolute value because their power for rational choice confers value on their ends. Allen Wood, however, defends a realist interpretation of Kant's argument, maintaining that humans actually are absolutely valuable and that their choices do not confer value but rather reflect their understanding of how the (...) objects of their choices fulfill their needs and wants and contribute to their flourishing. Though Korsgaard's reading is more consistent with Kant's prioritizing of the right over the good, this essay raises a metaethical question regarding her constructivist position, namely, “What is meant by her claim that rational choice ‘confers’ value on objects?” In developing this question, it presents a realist account of goodness that is taken from Peter Geach's “Good and Evil.”. (shrink)

This essay seeks to contribute to current debates about value in Kant's ethics. Its main objective is to dislodge the widely shared intuition that his view of autonomy requires constructivism or some other alternative to moral realism. I argue the following. Kant seems to think that the value of persons is due to their very nature, not to what anyone decides is the case (however rational or pure those decisions may be). He also seems to think that when (...) we treat persons as ends in themselves we are responding appropriately to the fact that their very nature elevates them above all other concerns. Neither of these beliefs is incompatible with his view of autonomy. So it is a mistake to think that Kant's ethics requires constructivism or any other form of anti-realism. (shrink)

Kant wants to show that freedom is possible in the face of natural necessity. Transcendental idealism is his solution, which locates freedom outside of nature. I accept that this makes freedom possible, but object that it precludes the recognition of other rational agents. In making this case, I trace some of the history of Kant’s thoughts on freedom. In several of his earlier works, he argues that we are aware of our own activity. He later abandons (...) this approach, as he worries that any awareness of our activity involves access to the noumenal, and thereby conflicts with the epistemic limits of transcendental idealism. In its place, from the second Critique onwards, Kant argues that we are conscious of the moral law, which tells me that I ought to do something, thus revealing that I can. This is the only proof of freedom consistent with transcendental idealism, but I argue that such an exclusively first-personal approach precludes the recognition of other rational agents. I conclu.. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and (...) self-respect are all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

This is a fairly detailed philosophical and theological attempt to defend Kant's position that faith must be interpreted through pure practical reason if it is to remain a free and moral one. One of its primary aims is to demonstrate the intrinsic connections existing between Kant's critical ethics and his philosophy of religion. The main texts analyzed are the Foundations, the second Critique, and the Religion. ;The first and second chapters of the dissertation are intended to show that if an (...) individual is to possess a good will, she must first of all rationally understand in what it is that goodness consists, and second, she must do the good because she understands it to be such. I discuss the connections between Kant's understanding of a categorical imperative and autonomy, and use the conclusions to demonstrate the impossibility of a theological foundation for ethics. ;The third chapter shows that since only a categorical imperative can provide a universally valid concept of the good, such an imperative is a precondition of our ability to transcend our subjective desires and to value that which is objectively good. The unconditioned moral law, confronting us absolutely and without regard to subjective incentives, grounds the possibility of self-transcendence and of a real communication between all rational wills. ;Chapters four and five contain a critical account of Kant's understanding of the highest good and the conditions requisite for its attainment. Kant's rational understanding of the Christian faith is discussed as the result of a moral existential posture already adopted: it is a faith descriptive of the journey towards holiness, through which the propensity to value merely subjective inclinations over the objective good is eradicated, thereby making transcendence of the self possible. The historical revelation given in the person of Jesus Christ is interpreted in terms of the self-transcendence made possible by the universal moral law witnessing to God's care for all his sons and daughters. This unconditioned law is understood as the call to grace witnessing to God's grace, through which the positive revelation given in the person of Christ must be understood. (shrink)

It is well known that Kant seeks to discredit rational psychology on the grounds that we cannot access the nature of the soul by reflecting upon the ‘I think’ of self-consciousness. What is far less understood, however, is why Kant still believes the theorems of rational psychology are analytically true insofar as they represent the ‘I’ through the categories of substance, reality, unity, and existence. Early post-Kantian thinkers like Fichte would abandon this restriction and approach the concept of the ‘I’ (...) instead through the category of community or reciprocal interaction. The result was nothing less than a radical shift in thinking about persons after Kant, yet in a way that would bear a striking affinity to the substance monism of Spinoza. The aim of this chapter is to trace the origin of this shift and its aftermath in Fichte’s effort to defend a new conception of the ‘I’. (shrink)

Kant’s conception of autonomy has been criticised for identifying acting freely with acting morally. As a result, many Kantians have moved away from Kant’s moral conception of autonomy, instead proposing what I will call an “end-set- ting” or “two-way capacity” account of autonomy. I believe that we should resist these revisions and that doing so makes clear why it is only the capacity for moral autonomy that is of unlimited value. What fundamentally distinguishes our free capacity of volition is (...) the fact that we are autonomous. This capacity en- ables us to have a conception of unlimited goodness that gives us the dignity, i. e. the unlimited value, that non-autonomous beings lack. (shrink)

Kant is the philosophical tradition's arch-anti-consequentialist – if anyone insists that intentions alone make an action what it is, it is Kant. This chapter takes up Kant's account of the relation between intention and action, aiming both to lay it out and to understand why it might appeal. The chapter first maps out the motivational architecture that Kant attributes to us. We have wills that are organized to action by two parallel and sometimes competing motivational systems. One determines us by (...) way of motives that are sensuous, natural and given from without, the other by motives that are intellectual, rational, and given from within. Each set of motives belongs to a system of laws – natural motives to the laws of nature, rational motives to the laws of freedom. For Kant, all things, including actions, are what they are in virtue of the laws governing them; actions, qua actions, are always governed by laws that govern individual wills. These laws are Kantian maxims, 'or subjective practical laws.' Maxims, for Kant, thus make actions the actions they are. The chapter then maps out the implications of this motivational architecture for Kant's theory of value. Maxims always advert to or 'contain' both ends and means. Ends are always specifications of one of two ultimate ends. Actions have the moral value they have depending on which of two ultimate ends the maxim adverts to. The possibilities are 'happiness,' or gratification of desires with sensuous origins, and 'duty,' or accord with the moral demand to will in ways that respect free rational agency wherever it is found. Only actions aimed at the latter – actions with rational motives – have moral value. Actions aimed at the former – actions with natural motives – though not immoral in themselves, become so when pursuit works against rational motives. For Kant, actions aimed at happiness are ultimately allied with efforts to sustain our 'animal' existence, and so are governed by terms and conditions given by the natural world. Actions aimed at duty, in contrast, are ultimately allied with efforts to impose a rational form on nature, to make it over, so to speak, according to values not given by nature itself. Actions aimed at duty, therefore, create a specifically moral world, one in which mores and norms, formal and informal arrangements, institutions, policies, and so on, realize, harmonize, and promote free rational agency itself. Finally, the chapter addresses motivations for Kant's view. The architecture of will and the theories of action and value he proposes allow Kant to accommodate a host of intuitions and commitments. His view makes room for metaphysically free agency, and for the lived experience of motivational freedom from ever-changing natural desires. It makes room for conflicts within the will while still holding out hope that resolution is possible. It accommodates views that the best human lives engage 'higher' faculties in sustained ways. It identifies a stable, necessary, universal end amidst the evident contingency, pluralism, and instability of most ends. It makes us, and not God or nature, the authors of our moral lives. In the end, Kant's 'anti-consequentialism,' his focus on intentions, is a way of insisting on actions that take their character and value from what should matter most to us, namely individual and collective free rational agency, rather than only and always taking the character of reactive responses to circumstance. (shrink)

In his Anthropology from a Pragmatic Point of View, Kant formulates the idea of the empirical investigation of the human being as a free agent. The notion is puzzling: Does Kant not often claim that, from an empirical point of view, human beings cannot be considered as free? What sense would it make anyway to include the notion of freedom in science? The answer to these questions lies in Kant’s notion of character. While probably all concepts of character are (...) involved in the description and explanation of human action, Kant develops a specific notion of character by distinguishing character as a “mode of thought” (Denkungsart) from character as a “mode of sensing” (Sinnesart). The former notion is distinctively Kantian. Only mode of thought reveals itself in human action such that actions can be seen as linked to an agent’s first-person perspective and the capacity to rationally reflect one’s own intentions and desires. By reference to this concept human actions can be empirically explained qua free actions. The point of this paper is not only to rule out the interpretation that Kant is an incompatibilist concerning the dilemma of freedom and causal determinism. It is also argued that Kant defends a version of soft determinism which is more sophisticated and more adequate for the human sciences than Hume’s. (shrink)

What reason does one have to resist oppression? The reasons that most easily come to mind are those having to do with justice—reasons that arise from commitments to human equality and the common good. In this paper, I argue that there are also reasons of love—reasons that arise from personal attachments to specific people, projects, or activities. I defend a distinctive form of resistance that is characteristically undertaken for reasons of love, which I call Quiet Resistance. Contrary to theories (...) that build reasons of justice into the definition of resistance, I argue that we have strong reason to consider Quiet Resistance a genuine form of resistance. Finally, I argue that the reasons in favor of engaging in Quiet Resistance help to explain its distinctive value. In short, when one engages in Quiet Resistance, one’s actions are valuable in large part because they allow one to maintain respect for one’s personal values and meaning in life under oppressive conditions. (shrink)

In this chapter, I will address the philosophical ambivalence of the concept of Willkür in and after Kant. The aim of my chapter is to defend it against the charge of irrationality and mere chance, and to rehabilitate it from a historical and analytic point of view. I will analyze Kant’s use of the word “Willkür”, and chronologically follow the semantic and systematic changes in his philosophical work. Finally, I address recent attempts to revitalize the concept of Willkür in the (...) analytic debate by referring to the work of Harry Frankfurt and Robert Kane. I shall argue that we need to distinguish between two kinds of libera arbitria. Whereas the liberum arbitrium indifferentiae can be interpreted in terms of the pejorative sense of “Willkür”—as mere chance—the liberum arbitrium voluntatis equals a reflective kind of Willkür—literal Will-kür —which involves freedom of the will. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 259-288 [Access article in PDF] Substitutes for Wisdom:Kant's Practical Thought and the Tradition of the Temperaments Mark Larrimore [Appendix]For much of Western history, the theory of the four temperaments played a vital part in medicine, anthropology, and moral reflection. The Hippocratic foursome of sanguine, choleric, melancholy, and phlegmatic survives on the margins of modernity, but its role in moral theory and (...) practice has been largely forgotten. Premodern understandings of human diversity based in climate, temperament, and politics collapsed with the Galenic medical tradition with which they harmonized. Yet temperament continued to be a feature of moral philosophies and philosophical anthropologies even into the twentieth century, and arguably has had a symbiotic relationship with the egalitarian aspirations of modern moral and political thought. This essay surveys the development and practical consequences of the theory of the temperaments developed by one of the greatest prophets of modern values, Immanuel Kant.Temperament was a feature in Kant's course in anthropology from the 1760s until the end of his life. Kant's teachings on temperament are by turns creative and conservative, and bespeak a deep understanding of the logic and rationale of humoral characterology in ethics. But as Kant moves from an ethics based in feeling to an ethics based on the possibility of autonomy, his theory of temperament also changes. In 1764's Observations on the Feeling of the Beautiful and the Sublime, Kant eloquently celebrates the melancholy as the temperament capable of "genuine virtue" (Obs2:217-18/60); by the time of Anthropology from a Pragmatic Point of View (1798), he is commending instead "phlegma as strength" (a variant of a temperament he had earlier dismissed), which can serve as a "substitute for wisdom" (Ant7:290/155). 1 Both of these [End Page 259] positions are distinctive, especially for an eighteenth-century thinker. As we will see, however, they are not without precedent in the tradition of temperament theory. Whether Kant knew he was developing countertraditions of temperament or not, his arguments in each case creatively exploit tensions in the humoral system which go back to its origins in ancient Greece.The mature Kant defended the classic foursome at a time when it had come under fire from many quarters. The early nineteenth century historian of temperament theories Harro Wilhelm Dircksen thought Kant played a decisive role in saving the classical theory from oblivion. 2 Why did Kant think it worth retrieving? One would expect him to reject a category which eighteenth-century German Popularphilosophie understood as a proto-psychological category bridging the gap between body and mind, nature and freedom. Yet, as I shall argue, the very things which might seem to render a theory of temperament incompatible with his mature ethics of autonomy make it important to [End Page 260] Kant. An understanding of human embodiment and diversity like that of the tradition of the temperaments forms part of the background to Kant's practical thought, and ethical formalism makes more rather than less sense if difference is taken seriously. For the same reason, it is important to have the right account of diversity. The complicated view of temperament in the Anthropology furnishes a microcosm of Kant's understanding of the fraught role of empirical considerations in recognizing and promoting freedom in rational agents embodied in human form(s).In this essay I will (1) provide a brief survey of the tradition of temperament theorizing before Kant, and expound Kant's (2) early and (3) mature views of temperament in the context of this tradition, as well as in the context of his emerging practical philosophy. 3 Some well-known parts of Kant's ethics make a new kind of sense when read in the light of the fact that their author thought humanity subdivided into temperaments. 1. The Tradition of the Temperaments 1.1. The history of moralizing about and through the temperaments is complex and—once one moves beyond the melancholy—largely uncharted. Here I will... (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the (...) normative content needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

André Comte-Sponville is a French philosopher-essayist, pondering the problems of morality and life wisdom. He develops the conception of ego-philosophy that is the theory based on the analysis of the subjective existential human experience. As an initial evidence of consciousness and a point of support for philosophical reasoning, he cites feelings of anxiety, despair and suffering. Ego possesses being, it is a subjective reality that is revealed to a man as a result of free and creative perception of the world. (...) This knowledge is always unique, situational, not amenable to formalization and unification, because it is a result of a personal relation of man to the absolute. Ego-philosophy is not a traditional scientific discipline, summarizing specific facts and formulating theories. Ego-philosophy expresses itself in a generally accessible language and appeals to all mankind. This is an art of life wisdom, indicating to the individual a path to true ideals, allowing one to gain dignity and happiness, to free oneself from temptations and passions. Comte-Sponville substantiates the ethical theory that, under the conditions of the crisis of traditional ideas about moral norms, a person must strive to fill the emptiness of the world with his own creative energy, give meaning to life, affirm positive values. The philosopher creates a theory of virtues in which he takes the leading role in sublime love (agape) as the apotheosis of generosity and mercy. In the area of politics, Comte-Sponville adheres to the position of socio-liberalism. Recognizing the economic efficiency of market relations and the principle of freedom action, the philosopher believes that the logic of economic activity does not coincide with socially important tasks and ethical values. In order for society to develop harmoniously, it is necessary to create a welfare state and reliable political institutions that ensure the observance of the principles of humanism, high culture and justice. (shrink)

The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain _meanings_ (...) that make them denials/affirmations of freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s concept of natural meaning. Expanding on Hampton’s theory, drawing on both H. L. A. Hart and Kant, I argue that crime has the natural meaning of denying freedom, and punishment has the natural meaning of affirming freedom. The paper presents an ideal theory, not a justification for actual criminal justice practices, which in most countries unfortunately fail to instantiate the value of mutual freedom. (shrink)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the (...) normative content needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

The Rawlsian institutional approach holds that distributive principles apply to socioeconomic institutions rather than transactions within the institutional framework. Critics claim that the approach is baseless. I defend Rawls’s institutionalism by showing that it has a rational basis: Rawls “constructs” a theory of justice from considered judgments, especially ideas found in the political culture and historical conditions of democracy, including the fact of reasonable pluralism, which supports his institutionalism. I use Rawls’s “fact-sensitive constructivism” to interpret his claim that “utilitarianism does (...) not take seriously the distinction between persons.” Rawls’s claim refers to his contrast between impartial spectator reasoning for the classical principle of utility and his original position, which aims to motivate the original position’s use of mutually disinterested parties to an agreement as more accurately reflecting democracy’s fact of reasonable pluralism. Rawls then shows that these original position conditions, meant to reflect separate persons in democracy, justify his egalitarian principles over classical utility. I extend his contrast to act-egalitarianism to show that Rawls’s fact-sensitive constructivism supports his institutionalism. I argue that the original position, which reflects separate persons, only justifies the institutional difference principle and that the natural reasoning for act-egalitarianism does not take seriously the separateness of persons. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is (...) the means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

Purpose. Institutionalism is gaining strength as a dominant point of view on the world. Its philosophical basis is the postulate of the uncertainty of the development, which comes to replace the neoclassical certainty characteristic of industrial society. The postulate of uncertainty is closely connected with the idea of subjectivization and individualization of post-industrial society. All these were very important components of the new paradigm, although they do not exhaust the problem. In the heart of postmodernism is a mass identity as (...) a spiritual substance, while the more recently mass of people to realize themselves as natural and social beings. Person has absolute freedom in the acceptance and rejection of culture and civilization; it is pluralistic in their actions and in their consciousness. It is the subject of history and it should be creative, fluent mastering all the achievements of culture. Methodology. The dialogue system of the Postmodern, which is the basis of human communication with another person, human with society is a model of convergent formation of the world community and world economy. The same model of rationalism and adequate industrial society is a monologue, which is easily builds a bridge to violence, even if it is carried out in the name of the man behind him and the pathos of the exaltation of man as the bearer of unlimited creation possibilities. However, it is very important not just to modify rationalism, and to understand the origins of civilization. Scientific novelty. The postmodern era begins is not easy. Modern defending, using all their reserves: public thirst for justice, the priority of rationality, monologist public agencies and politicians in contrast to the dialogic postmodern imperative modality in the spiritual existence of man instead the freedom. Finally, the world of the story is set a trap – the anthropological paradigm of the globalization ideology formation. In this paradigm, people see materialistic rational measure of space and society building, i.e. the natural and social being, not a spiritual person. All this was evident in the course of transformation in Ukraine. Its main weakness is obvious. This narrows the field of mass participation in the market or by the adopted symbolism, the field of subjectivity. The population is invited to wait and endure, i.e. plays the role of the object of political and economic manipulation. Even more unacceptable monopolization of subjectivity government, for which everything is regarded as a subject of state regulation. Conclusions. For civilization of cardinal feature is the treatment of the person as the subject of history. The need for the development of civilization to increase the degree of subjectivity in an economy where people can express themselves freely and responsibly through a system of private property relations: economic entity is the subject of property. Policy enhancing the role of human rights and the development of the principle of subjectivity means deepening the democratic foundations of the state structure. In the social sphere the subjectivity is expressed in the individualization of the social existence of man and the personification of public relations and it is implemented through the mechanisms of liberal institutions. It seems that the civilizational unity of the economy, democratic state and liberal society has the value of a scientific paradigm. Whatever the great cultural peaks of the postmodern, the main processes of a new society formed at its foot: in the area of formation of public consciousness and public preferences with the mass participation of the individual in the economy, in the field of state-building and the formation of social institutions on the principles of Amateur participation. (shrink)

I have four responses to make, the first three very brief and the last not much longer.On the face of it, it looks as though in attributing rights to people one is saying something about their moral position. This is so for both option-rights and welfare-rights. On H.L.A. Hart's account of rights to freedom, that is exactly what one is doing. One is asserting that those who have the right have a special kind of justification for limiting the (...) class='Hi'>freedom of others. On Professor Brandt's view, it appears that attributing a right to someone is just an oblique way of saying something about the moral position of others, and nothing more. (shrink)

Purpose. Institutionalism is gaining strength as a dominant point of view on the world. Its philosophical basis is the postulate of the uncertainty of the development, which comes to replace the neoclassical certainty characteristic of industrial society. The postulate of uncertainty is closely connected with the idea of subjectivization and individualization of post-industrial society. All these were very important components of the new paradigm, although they do not exhaust the problem. In the heart of postmodernism is a mass identity as (...) a spiritual substance, while the more recently mass of people to realize themselves as natural and social beings. Person has absolute freedom in the acceptance and rejection of culture and civilization; it is pluralistic in their actions and in their consciousness. It is the subject of history and it should be creative, fluent mastering all the achievements of culture. Methodology. The dialogue system of the Postmodern, which is the basis of human communication with another person, human with society is a model of convergent formation of the world community and world economy. The same model of rationalism and adequate industrial society is a monologue, which is easily builds a bridge to violence, even if it is carried out in the name of the man behind him and the pathos of the exaltation of man as the bearer of unlimited creation possibilities. However, it is very important not just to modify rationalism, and to understand the origins of civilization. Scientific novelty. The postmodern era begins is not easy. Modern defending, using all their reserves: public thirst for justice, the priority of rationality, monologist public agencies and politicians in contrast to the dialogic postmodern imperative modality in the spiritual existence of man instead the freedom. Finally, the world of the story is set a trap – the anthropological paradigm of the globalization ideology formation. In this paradigm, people see materialistic rational measure of space and society building, i.e. the natural and social being, not a spiritual person. All this was evident in the course of transformation in Ukraine. Its main weakness is obvious. This narrows the field of mass participation in the market or by the adopted symbolism, the field of subjectivity. The population is invited to wait and endure, i.e. plays the role of the object of political and economic manipulation. Even more unacceptable monopolization of subjectivity government, for which everything is regarded as a subject of state regulation. Conclusions. For civilization of cardinal feature is the treatment of the person as the subject of history. The need for the development of civilization to increase the degree of subjectivity in an economy where people can express themselves freely and responsibly through a system of private property relations: economic entity is the subject of property. Policy enhancing the role of human rights and the development of the principle of subjectivity means deepening the democratic foundations of the state structure. In the social sphere the subjectivity is expressed in the individualization of the social existence of man and the personification of public relations and it is implemented through the mechanisms of liberal institutions. It seems that the civilizational unity of the economy, democratic state and liberal society has the value of a scientific paradigm. Whatever the great cultural peaks of the postmodern, the main processes of a new society formed at its foot: in the area of formation of public consciousness and public preferences with the mass participation of the individual in the economy, in the field of state-building and the formation of social institutions on the principles of Amateur participation. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. (...) I argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

Excerpt from The Idea of Personality Not since the French Revolution have the masses of men had such a passionate trust in the power of ideas as they have today. Such ideas as society, state, person, are no longer the exclusive concern of the few favored experts in philosophy and political theory. Such other ideas as authority, responsibility, conscience, right, and freedom, have become more than the mere blunted foils of friendly, academic discussion. This democratization of ideas has been, (...) on the whole, a healthy stimulant. No one who recalls the riotous confusion of thought in the nineteenth century will regret a situation that seems to promise a period of redefinition. One does not have to be an obscurantist to regret the uncontrolled and, often uncritical way, in which the findings of physical science were applied in the fields of ethics, religion, politics, sociology, economics, and history. We should have been warned that speculation was moving too rapidly. The careful scientist rarely makes a sweeping and definite conclusion. More rarely still does he make a universal application of deductions, reached in his own sphere of investigation, to all branches of knowledge. If the philosophy of life, built upon the recent biological and sociological premises, has been unsatisfactory, this has been due to an apparent unwillingness to take the time required to distinguish what is of permanent value from what is simply the exaggeration of controversy, in the anxiety to establish a theory. It is conceivable that men should wish, under the impulse of fresh evidence, to re-examine their notions of God, the nature of human progress, society, and free-will; but it is not conceivable that conclusions, reached so rapidly and with so little discrimination between fact and hypothesis, should he always accurate and should really reflect life's problems and complexities. We need to be redeemed from our own overweening confidence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

The fact that persons are separate in some descriptive sense is relatively uncontroversial. But one of the distinctive ideas of contemporary liberal political philosophy is that the descriptive fact of our separateness is normatively momentous. John Rawls and Robert Nozick both take the separateness of persons to provide a foundation for their rejection of utilitarianism and for their own positive political theories. So why do their respective versions of liberalism look so different? This paper claims that the difference is based (...) in Rawls' and Nozick's differing understandings of the morally significant aspects of personhood, and argues that respect for separateness is a value better suited to defend Nozickian libertarianism than Rawlsian liberalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Worth of Persons by James FranklinLouis GroarkeFRANKLIN, James. The Worth of Persons, New York: Encounter Books, 2022. 272 pp. Cloth, $30.99In The Worth of Persons, James Franklin, the well-known Aristotelian mathematician, sets out to provide an account of the very first principles of ethics and morality. Franklin argues that morality begins with an acknowledgment of the intrinsic worth of human persons, understood as beings possessing “dignity” or (...) “absolute inner worth.” As it turns out, we recognize naturally, without epistemic complication, that human beings have innate moral value.Although Franklin does not use the term “personalism” and does not discuss that specific philosophical tradition, he traces his own account to a familiar source: Kant’s personhood formulation of the categorical imperative. He has, however, little use for Kant’s rigid absolutism and prefers something much closer to a natural law formulation of ethical obligation, in large part because it allows for casuistry, a negotiation of the messy circumstances of everyday life that confront us with moral dilemmas and competing duties requiring some kind of moral calculation.But Franklin’s book is not so much about normative ethics. It is an exercise in metaethics, an attempt to make sense of morality as a root cause of value in the world. Franklin wants to secure an epistemological basis from which we can “deduce” moral principles. He is particularly impressed with contemporary discussion of “supervenience” or “metaphysical grounding” as a bridge over the alleged is–ought gap that has preoccupied analytic philosophers following in the footsteps of David Hume [End Page 349], G. E. Moore, and J. L. Mackie. Franklin shows, very effectively, that similar “gaps” can be found in logic, mathematics, linguistics, computer science, philosophy of mind, metaphysics, and so forth. As examples of supervenience, he mentions the way necessary mathematical concepts supervene on the physical, the way the meanings of words are added to spoken or written symbols, the way logical inference arises from premises and conclusion in an argument, the way social organization emerges from a collection of individuals, and the way the identity of a statue of Hercules arises from its disposition of physical parts. The point is that an empiricist fundamentalism that reduces reality to perceptible facts without any higher (or “emergent”) identities provides an overly narrow account of the metaphysical content of human experience.If ethical value supervenes on some nonethical base, it does not follow that moral judgments and obligations are a human fabrication without any grounding in the world. If we can intellectually access the moral worth of human beings the way, for example, we intellectually access necessary mathematical concepts, we can deduce moral obligations from the worth of persons in a way that preserves the epistemic status of morality against noncognitive challenges. Once we recognize that individual humans have worth (because of the potentialities inherent in their natures), we can, for example, infer moral axioms such as “human beings must be respected” and, further, infer that murder is morally wrong because it involves the wanton destruction of human beings. Franklin does not focus on the normative content of specific actions, duties, obligations, or virtues. His basic point is that moral knowledge is possible once we rationally access (through understanding) the first principle of morality: that human beings are (to use Kantian terminology) ends in themselves, beings that rational agents will value as loci of dignity and moral value.This is a thorough treatment. Franklin is moderate, cautious, careful, diligent; he adds together technical points in present-day academic discussion to produce a well-rounded worldview. He writes in an accessible manner, with good examples and flashes of wit throughout, referring to a wide range of issues and authors: Pseudo-Dionysius, Aristotle, Aquinas, Kant, Husserl, Moore, Wolterstorff, Mackie, Oderberg, MacIntyre, Midgley, Finnis, Korsgaard, Dworkin, Baier, Williams, Singer, Murdoch, and so on.The book includes eight chapters that discuss contrary positions, ethical concepts, supervenience, moral personhood, aesthetic worth, the value of animals and ecosystems, moral epistemology, and metaphysical systems compatible with a realist view of morality. There is a useful index, a modest bibliography, and a full section of notes, which contains many further references.The treatment seems a... (shrink)

Risk is inherent to many, if not all, transformative decisions. The risk of regret, of turning into a person you presently consider to be morally objectionable, or of value change are all risks of choosing to transform. This aspect of transformative decision-making has thus far been ignored, but carries important consequences to those wishing to defend decision theory from the challenge posed by transformative decision-making. I contend that a problem lies in a common method used to cardinalise utilities – (...) the von Neumann and Morgenstern (vNM) method – which measures an agent's utility function over sure outcomes. I argue that the risks involved in transformative experiences are constitutively valuable, and hence their value cannot be accurately measured by the vNM method. In Section 1, I outline what transformative experiences are and the problem they pose to decision theory. In Section 2, I outline Pettigrew's (2019, Choosing for Changing Selves) decision-theoretic response, and in Section 3, I present the case for thinking that risks can carry value. In Section 4, I argue for the claim that at least some transformative experiences involve constitutive risk. I argue that this causes a problem for decision-theoretic responses within the vNM framework in Section 5. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Values of Beauty: Historical Essays in AestheticsDabney TownsendValues of Beauty: Historical Essays in Aesthetics, by Paul Guyer; 359 pp. Cambridge: Cambridge University Press, 2005, $75.00, $27.99 paper.This volume collects thirteen essays that range over topics from the eighteenth century to the twentieth century. The earliest was published in 1986, the last in 2004, and three appear here for the first time. They are grouped topically by period—"I. Mostly (...) before Kant; II. Mostly Kant; III. Mostly After Kant"—rather than chronologically. While this order is useful, it introduces some dislocation if one approaches the book as a whole since the last essay in the book is the first chronologically, and part of the interest of the book lies in the changes in Paul Guyer's positions over time that are reflected in his careful reconsideration of topics that he has dealt with more extensively in his volumes on Kant's [End Page 422] philosophy. As one of the most important contemporary interpreters of Kant's aesthetics, those reconsiderations are well worth attending to.The focus of all of the essays is clearly on Kant's aesthetics. That perspective is clear even when Guyer is discussing the history of aesthetics prior to Kant. As he notes, "this history of the first decades of modern aesthetics has obviously been written with an eye to Kant" ("Origins of Modern Aesthetics: 1711–1735," pp. 32–33). It continues in the discussions of recent aesthetics. For example, Guyer concludes that "the effect that is intended on the revised Beardsleyan definition [of art] is in the tradition of the Kantian concept of the free play of imagination and understanding" ("From Jupiter's Eagle to Warhol's Boxes," p. 313). Danto and Mothersill are also, it is argued, in the Kantian tradition.There are, of course, some problems with this perspective, especially with regard to the pre-Kantian history of aesthetics. For example, Guyer finds Kant's distinction between pure beauty and apprehended beauty reflected in an earlier distinction between beauty of form and beauty of interest or utility. He writes: "The foundation of this theory [Hume's theory of beauty in the Treatise and An Enquiry Concerning the Principles of Morals] is the division of beauty into two classes, the first that of pleasurable sentiment caused by an immediate response—that is, a response not mediated by the intervention of imagination or judgment—to the form or other perceptual qualities of an object, and the second that of pleasurable sentiment, which arises only when the perception of the form of an object is supplemented by a concept or concepts brought to bear on it by imagination or judgment." ("The Standard of Taste and the 'Most ardent Desire of Society,'" p. 46). What Guyer identifies as a distinction between kinds of beauty is for Hume a distinction between sources of ideas, however. The second kind of beauty requires reflection and the combination of other ideas. For Hume, there are not two kinds of beauty but two ways that the ideas of beauty, which is just a form of pleasure, are sorted. Reservations about Guyer's perspective on the earlier history of aesthetics do not detract from the interest of his analysis, however, which is always careful and detailed.The central eight essays labeled "Mostly Kant" trace themes that Guyer has treated in much greater detail in his earlier books. Two central themes are especially prominent throughout these essays. First, Guyer views Kant's theory of beauty as the harmony of the imagination and the understanding: "The concept of the free yet harmonious play between the cognitive powers of imagination and understanding is the central concept in Kant's explanation of the experience of beauty and the analysis of the judgment of taste" ("The Harmony of the Faculties Revisited," p. 77). He refers back to essentially this formulation throughout the subsequent essays. Much of the interest of these essays lies in the way Guyer explicates and defends this central thesis against alternative readings of Kant and objections that it is inconsistent with the freedom from concepts and the purity of beauty that Kant claims.Second, Guyer reads Kant's aesthetics as... (shrink)

Central to liberalism is the concept of political freedom. Revisionists wrongly claim that liberty has only instrumental value, but they do nevertheless contribute several cogent arguments relevant to the question of how the value of liberty is to be justified. The doctrine of the presumption of liberty and the thesis that liberty ‘just has’ intrinsic value are rightly rejected by revisionists, since neither can ground distinctions between different freedoms. Linguistic analysis is of limited use to the (...) justification of the value of liberty, since distinctions between notions of freedom and unfreedom do not match normatively relevant distinctions. This book seeks to defend a liberal theory of limited government without resort to the mistaken premises of individualism, which it rejects. (shrink)

The dominant interpretation of Kant as a moral constructivist has recently come under sustained philosophical attack by those defending a moral realist reading of Kant. In light of this, should we read Kant as endorsing moral constructivism or moral realism? In answering this question we encounter disagreement in regard to two key independence claims. First, the independence of the value of persons from the moral law (an independence that is rejected) and second, the independence of the content and (...) authority of the moral law from actual acts of willing on behalf of those bound by that law (an independence that is upheld). The resulting position, which is called not ‘all the way down’ constructivism, is attributed to Kant. (shrink)

Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human (...) class='Hi'>freedom and autonomy. Guyer sees tensions between these two poles of Kant’s practical philosophy—obedience to law and the value of freedom. He argues: “A profound paradox can be avoided only if it can be shown that Kant intended obedience to universal law to be mandatory solely as the necessary condition for the realization of human freedom and through that freedom a systematic and unselfish distribution of happiness among all persons” and that “the sheer fact of adherence to universal law is not an end in itself but is rather the means to the realization of the human potential for autonomy or freedom in both choice and action” (p. 1). One guiding theme of Guyer’s book is that Kant’s practical philosophy is based on the fundamental, and hence indemonstrable, intrinsic value of freedom, which Guyer understands as a value that is prior to the moral law, providing both an end to be realized through conformity to universal law and the basis of the authority of moral principles. Conformity to universal law has no intrinsic value in itself; it is the means to the preservation, enhancement, and full realization of human freedom, and is required because of its instrumental connection to the prior value of freedom. As he says, “freedom of choice and its natural expression in action are what human beings value most, and the fundamental principle of morality and the rules for both po-. (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

In this paper, it is argued that terrorism undermines the justification of perspective relativism. The cliché, “one person’s terrorist is another person’s freedom fighter,” is offered as an example of perspective relativism. Perspective relativists argue that moral principles and judgments have no universal moral import. Those who defend the cliché expression presuppose that the evaluation of terrorism is necessarily perspectival. For them, there are no morally objective differences, e.g., between deliberately killing combatants and deliberately killing innocent noncombatants. Yet there (...) are morally objective differences between these two acts. While the first act might be justified, the second act is considered murder. Hence, the evaluation of terrorism is not necessarily perspectival. Therefore, in the face of the evil that terrorists bring about, it is argued that perspective relativists have a substantive burden of proof to show that there are no transcultural moral values. (shrink)

In recent decades, we have seen a remarkable proliferation of the kinds of moral rights that people are thought to have. While many of these new rights have gained sizable support, the theoretical underpinnings of all rights have remained uncertain. The danger in the growth of rights claims is that we may weaken rights. As more and more desirable goods are demanded as people's "rights," the actual protection which rights afford is diminished. Abundant rights will bump up against one another, (...) preventing many rights from being fully satisfied. The long-term effect of this rights inflation will be the erosion of the value of rights, rather than the intended aim of enhanced security for people. ;The dissertation examines in two stages what the status of rights should be. First, it explores the history of the notion of rights, the exact meaning of what it is to have a right, and the obligations which rights place on other persons. It also presents an argument defending the view that all people have certain moral rights "naturally," independently of social creation or recognition. ;The second stage of the discussion focusses more directly on certain aspects of the recent expansion of rights claims. It delineates the logical and practical implications of rights "conflicts" which the boom in rights precipitates. Finally, it considers one particular type of rights which has been enjoying increasing acceptance: rights to be provided with concrete goods . ;The major conclusions reached are first, that the notion of "natural" moral rights is a credible and valuable component within an adequate moral theory; second, that individuals do have extensive rights to freedom of action; third, that "natural" moral rights cannot directly conflict with one another; and fourth, that welfare rights are spurious. ;As a whole, this work is intended largely as a caution to tame the recent enthusiasm for rights. Restraint is needed in order to preserve rights, and to allow rights to exert their protective powers to individuals more effectively. (shrink)

This work seeks to develop a Kantian ethical theory in terms of a general ontology of values and norms together with a metaphysics of the person that makes sense of this ontology. It takes as its starting point Kant’s assertion that a good will is the only thing that has an unconditioned value and his accompanying view that the highest good consists in virtue and happiness in proportion to virtue. The soundness of Kant’s position on the value of (...) the good will is defended against criticisms directed against it by G. E. Moore and it is argued that there is an ambiguity in Moore’s notion of ‘intrinsic value’ that makes him unable to fully understand and appreciate the Kantian view. It is also argued that the special value of moral goodness has been unduly neglected in modern moral philosophy, even by those working in the Kantian tradition, and it is suggested that the possibility of a Kantian ethical theory centred on the notion of the highest good remains to be explored. In order to lay the ground for such a theory a Kantian approach to reasons for action and the metaphysics of the person is developed and defended, albeit in a way that, in contrast to Kant himself, emphasizes the social dimension inherent in being a person and acting on reasons. It is also argued that there exists what Henry Sidgwick has called a dualism of practical reason, which means that there are two systematic modes, the self-interested and the moral, of approaching action. These two modes correspond to the two components of the highest good as understood by Kant and it is argued that the highest good represents a reasonable way of unifying them. These two parts of the highest good are then considered, each in turn, and Kantian models for understanding them are elaborated and defended against main rivals. On the matter of happiness, it is argued that standard philosophical theories fail to properly account for the way in which a subject’s own opinions about what constitutes her happiness are important in determining where her happiness actually lies. On the matter of morality, Kantianism is contrasted with consequentialism, the other leading theory that understands morality in terms of an ideal of impartiality and it is argued that the Kantian ideal, which can be called ‘impartiality as universalizability’ is superior to the consequentialist one, which can be called ‘impartiality as impersonality’. A version of Kantian ethics that places its emphasis on the Formula of Universal Law is then elaborated and it is argued that it is reasonable to understand maxims, or at least those maxims eligible for the universalizability test, as having to do with the basic general principles according to which we live. This kind of interpretation creates a large room for the exercise of judgment on the part of the agent and it is suggested that the standards according to which such judgment is exercised are largely determined through our actual moral practices and discourses. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

_Purpose_ of the article is to find out the main content and ways of embodying freedom as a value of the volunteer movement in the context of analyzing the social motivation of human behavior in general. _Theoretical basis._ The theoretical basis of the research is the philosophical and anthropological understanding of freedom as a person’s creative overcoming of obstacles to establish his or her eccentric essence. Such a vision is embedded, in particular, in Karl Jaspers’ philosophy of (...) existence, Helmuth Plessner’s philosophy of positioning in the world, and Paul Ricœur’s philosophy of rational choice of life path. _Originality__._ The importance of freedom as a value, as well as other social values, is revealed and specified through the analysis of the values of the volunteer movement. In the desire of people engaged in volunteer work to achieve freedom through other values, the content of freedom as a basis for self-reproduction of the individual, community and society is revealed. _Conclusions._ Representatives of various humanities and social sciences have distinct research interests in analyzing the values inherent in volunteers. As members of a certain society and certain communities in this society, volunteers do not act outside the economy, politics and other spheres of public life, but reveal their freedom through creative and non-standard solutions to economic, political, and other problems. At the same time, research psychologists focus attention on the personal self-realization of a person, theorists and practitioners of social work study volunteers’ desire to gain recognition from peers and other small social groups, and representatives of sociology, political science and other social sciences focus their attention on such socially significant values of volunteering as patriotism, solidarity, etc. The task of social philosophy is to justify the desire to contribute to the public good, which is common to all volunteers. Representatives of philosophical anthropology look for the best social intentions inherent in a person as a member of society in volunteering. Analysis of the values of volunteering as a motivator of human behavior provides knowledge of socially significant values inherent in every member of society to a greater or lesser extent. (shrink)

In this paper, I use Kant’s theory of the aesthetic power of judgment to solve the problem of nonmoral value choice, which Kant himself did not deal with, and prove that my reconstruction can fit into Kant’s philosophy and function as a harmonization and unification of morality and happiness. First, I revisit Kant’s early view of intellectualized happiness to establish the feasibility of this project in Kant’s ethics. Second, by analogy with the contemplative judgment of taste and practical artistic (...) creation, I argue for the universal communicability of pleasure in value choice from the transcendental perspective, on the one hand, and explain the various choices by individuals in reality from the empirical perspective, on the other. Ultimately, I connect the pursuit of intellectual happiness with the fulfillment of the imperfect duty of one’s own perfection, through which a transition from nature to freedom can be accomplished in Kant’s philosophy. (shrink)

A crucial issue in normative ethics concerns the morality of lying. Kant defends the view that the duty to not lie does not allow for any exceptions in practical judgments: it never is a person’s right or duty to lie. Many people abhor this view. Kantians have tried to make sense of Kant’s view (and save Kantian moral philosophy) by suggesting Kantian interpretations that are less strict. I reject the attempts to nuance the strictness of Kant’s view. I break new (...) ground by arguing that Kant’s view is best made sense of by taking his strict stance seriously. I focus on his doctrine of virtue account against lying. Kant is not always strict on the interpretation of duties. As regards other duties he does leave (limited) room for exceptions. The strictness of the duty to not lie therefore is a special case intrinsically connected to key aspects of his fundamental philosophy. My explanation of the doctrine of virtue account starts out by focusing on the inner lie. For Kant each and every inner lie is problematic because being truthful is a condition and an integral part of the moral Denkungsart; i. e., way virtue manifests itself in the empirical world. Hence, an inner lie must be interpreted as the destruction of freedom and personhood. Kant’s doctrine of virtue view on the inner lie also implies a strict view on the outer lie. Developing this implication requires the analysis of Kant’s view on human self-knowledge and their propensity to evil. (shrink)

A number of philosophers argue that the earth’s resources belong to every- one equally. Suppose this is true. Does this entail that people have a right to migrate across borders? This article considers two models of egalitarian ownership and assesses their implications for immigration policy. The first is Equal Division, under which each person is granted an equal share of the value of the earth’s natural resources. The second is Common Ownership, under which every person has the right to (...) use the earth’s natural resources, but not the right to exclude others from them. While these models and their associated ideas have a long history within Western political thought, this article will examine them as they are presented by two sets of contemporary philosophers: Hillel Steiner, who defends Equal Division, and Michael Blake and Mathias Risse, who defend Common Ownership. In the case of each model, the article does three things. First, it considers the implications of the model for immigration policy. Second, it defends the model against objections from those defending immigration restrictions. Third, it contends that the model does not go far enough in its opposition to immigration restrictions. More specifically, the article argues that both Equal Division and Common Ownership, as presented by their proponents, fail to respect the claims of people whose interest in the land is not primarily economic. If the earth belongs to everyone equally, then people should not be prevented from pursuing important migratory goals such as family reunification, career development and education. The article concludes with a proposal for com- bining Equal Division with Common Ownership. Under this combined model, peo- ple would be free to migrate across international borders. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Zhuangzi:Personal Freedom and/or Incongruity of Names?Paul J. D'Ambrosio (bio)Tao Jiang's Origins of Moral-Political Philosophy in Early China: Contestation of Humaneness, Justice, and Personal Freedom (hereafter Origins) has sparked much scholarly debate. Already numerous presentations, various types of discussions, and reviews have appeared based on Origins. The present review focuses specifically on the Zhuangzi chapter. The entire project actually began, Jiang writes, fifteen years ago (...) as a book on the Zhuangzi. Through his research Jiang realized he needed to learn more about the objects of philosophical ridicule and critique in the Zhuangzi. Origins is the result of this decade-and-a-half study.Origins provides a somewhat novel framework for reading Warring States period philosophy. Summarizing the basic structure of his project Jiang writes: "I make the case that the philosophical dialectics between the partialist humaneness and imperialist justice formed the fundamental dynamics underlying the mainstream moral-political project during the classic period, with the musing on personal freedom as the outlier" (p. 35). As Karyn Lai puts it, Origins revolves around a "predictable set of inherited pre-Qin texts associated with key figures, traditionally called the "Masters" (zi 子) text" (Lai 2022, p. 181). Some models inherited by the "masters," such as yinyang 陰陽 thinking or ming 名 (names) and shi 實 (actualities), are nearly absent in Origins and would cast new light on the project as well [End Page 458] as the tradition. In this review I will first outline Jiang's reading of the Zhuangzi before considering how a richer appreciation of the Chinese tradition, especially its own methodological tools, frameworks, and concepts, could bolster the exciting contributions Origins stands to make. We will start with Jiang's big picture view of the Zhuangzi.In Origins the Zhuangzi is taken to be a completely unique text. It does not engage in the moral and political discourse the other "masters" texts are subsumed by, and instead of supporting either partialist humaneness or impartialist justice it "muses" on personal freedom. Jiang defines: "Personal freedom is understood as the appreciation and cultivation of personal space wherein one can be left alone and enjoy the company of like-minded friends without being entangled in the sociopolitical world" (p. 36). There are two significant points to note about Jiang's understanding of freedom. First, it is almost a word-for-character definition of how the "Seven Worthies of the Bamboo Grove" have been described by many. Research on these philosophical works could significantly enrich Jiang's reading, albeit from a different angle. Second, Guo Xiang's 郭象 (d. 312) emphasis on, and philosophical explorations of, du 獨 (an interconnected type of "lone") would further fill out how freedom and relationality—which are both attributed to the Zhuangzi by Jiang—are connected.In addition to a "fierce advocacy for personal freedom" Jiang classifies the Zhuangzi as a "singular outlier" for ridiculing the "misguided character of [the contestations between humaneness and justice] and warn[ing] against their potential for inhumanity and injustice" (p. 49). Indeed, the Zhuangzi does demonstrate that these discussions can elicit "the very opposite of what was intended by the participants of the mainstream discourse" (p. 49). Its criticisms are even more penetrating when we appreciate its deeper point about "names being the guests of actualities" (Zhuangzi 1:4). From this perspective the Zhuangzi is not against systems of humaneness or justice as such. It rather points out that humaneness does not have a single referent, nor could that referent be reliably distinguished. The name "humane" does not guarantee humane action, or really anything in particular. The same is true for "justice." We will return to these points below.Jiang's chapter on the Zhuangzi begins by defending moral and political readings of the text. It is an outlier from the perspective of the "humanity-justice" framework, but this only means that the moral-political discourse Zhuangists were engaged in was different. The result was that already by the early Han and by the time of Sima Qian 司馬遷 (d. 86 b.c.e.) "Zhuangzi's teachings were … of little use to contemporary political discourse" (p. 288). Jiang should be delighted to know that the Wei-Jin period, which had inestimable... (shrink)

Many contemporaries criticized him for smashing the Age of Reason. Goethe, however, remarked that reading a page of Immanuel Kant was like entering a bright and well-lighted room: The great eighteenth-century philosopher illuminated everything he ever pondered. The twelve essays in this volume reveal Kant's towering importance as an ethical and social thinker as well as his enduring influence on the shape of philosophy. Included are excerpts from Dreams of a Visionary, Prolegomena to Every Future Metaphysics, Metaphysical Foundations of Morals, (...) Critique of Judgement , and Eternal Peace . As Professor Friedrich writes in his introduction to this volume: "The problem of freedom, the freedom of the human personality to unfold and fulfill its higher destiny, is the central issue of all of Kant's philosophizing.". (shrink)