When examined critically, Kant's views on sex and marriage give us the tools to defend same-sex marriage on moral grounds. The sexual objectification of one's partner can only be overcome when two people take responsibility for one another's overall well-being, and this commitment is enforced through legal coercion. Kant's views on the unnaturalness of homosexuality do not stand up to scrutiny, and he cannot (as he often tries to) restrict the purpose of sex to procreation. Kant himself rules out marriage (...) only when the partners cannot give themselves to one another equally – that is, if there is inequality of exchange. Because same-sex marriage would be between equals and would allow homosexuals to express their desire in a morally appropriate way, it ought to be legalized. (shrink)

_Kant and Applied Ethics_ makes an important contribution to Kant scholarship, illuminating the vital moral parameters of key ethical debates. Offers a critical analysis of Kant’s ethics, interrogating the theoretical bases of his theory and evaluating their strengths and weaknesses Examines the controversies surrounding the most important ethical discussions taking place today, including abortion, the death penalty, and same-sex marriage Joins innovative thinkers in contemporary Kantian scholarship, including Christine Korsgaard, Allen Wood, and Barbara Herman, in taking Kant’s philosophy in new (...) and interesting directions Clarifies Kant’s legacy for applied ethics, helping us to understand how these debates have been structured historically and providing us with the philosophical tools to address them. (shrink)

Most ethics guidelines for distributing scarce medical resources during the coronavirus pandemic seek to save the most lives and the most life‐years. A patient’s prognosis is determined using a SOFA or MSOFA score to measure likelihood of survival to discharge, as well as a consideration of relevant comorbidities and their effects on likelihood of survival up to one or five years. Although some guidelines use age as a tiebreaker when two patients’ prognoses are identical, others refuse to consider age for (...) fear of discriminating against the elderly. In this paper, I argue that age is directly relevant for maximizing health benefits, so current ethics guidelines are wrongly excluding or deemphasizing life‐stage in their triage algorithms. Research on COVID‐19 has shown that age is a risk factor in adverse outcomes, independent of comorbidities. And limiting a consideration of life‐years to only one or five years past discharge does not maximize health benefits. Therefore, based on their own stated values, triage algorithms for coronavirus patients ought to include life‐stage as a primary consideration, along with the SOFA score and comorbidities, rather than excluding it or using it merely as a tiebreaker. This is not discriminatory because patients ought to have equal opportunity to experience life‐stages. The equitable enforcement of that right justifies unequal treatment based on age in cases when there is a scarcity of life‐saving resources. A consideration of life‐stage would thus allow healthcare workers to responsibly steward public resources in order to maximize lives and life‐years saved. (shrink)

Kant is gaining popularity in business ethics because the categorical imperative rules out actions such as deceptive advertising and exploitative working conditions, both of which treat people merely as means to an end. However, those who apply Kant in this way often hold businesses themselves morally accountable, and this conception of collective responsibility contradicts the kind of moral agency that underlies Kant's ethics. A business has neither inclinations nor the capacity to reason, so it lacks the conditions necessary for constraint (...) by the moral law. Instead, corporate policies ought to be understood as analogous to legal constraints. They may encourage or discourage certain actions, but they cannot determine a person's maxim - which for Kant is the focus of moral judgment. Because there is no collective intention apart from any intentions of the individual agents who act as members of the corporation, an organization itself has no moral obligations. This poses a dilemma: either apply the categorical imperative to the actions of particular businesspeople and surrender the notion of collective responsibility, or apply a different moral theory to the actions of businesses themselves. Given the diffusion of responsibility in a bureaucracy, the explanatory usefulness of collective responsibility may force business ethicists to abandon Kant's moral philosophy. (shrink)

This remarkably comprehensive Handbook provides a multifaceted yet carefully crafted investigation into the work of Immanuel Kant, one of the greatest philosophers the world has ever seen. With original contributions from leading international scholars in the field, this authoritative volume first sets Kant’s work in its biographical and historical context. It then proceeds to explain and evaluate his revolutionary work in metaphysics and epistemology, logic, ethics, aesthetics, philosophy of science, philosophy of religion, political philosophy, philosophy of history, philosophy of education, (...) and anthropology. Key Features: • Draws attention to the foundations of Kant’s varied philosophical insights — transcendental idealism, logic, and the bridge between theoretical and practical reason • Considers hitherto neglected topics such as sexuality and the philosophy of education • Explores the immense impact of his ground-breaking work on subsequent intellectual movements Serving as a touchstone for meaningful discussion about Kant’s philosophical and historical importance, this definitive Handbook is essential reading for Kant scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject. (shrink)

Although Kant defends a cosmopolitan ideal, his philosophy is problematically vague regarding how to achieve it, which lends support to the empty formalism charge. How Kant would respond to the crisis in Syria reveals that judgement plays too central a role, because Kantian principles lead to equally reasonable but opposite conclusions on how to weigh the duty of hospitality to refugees against a state’s duty to its own citizens, the right of prevention towards ISIS against the duty not to harm (...) non-combatants, and the responsibility to protect the people of Syria against the duty of non-interference in its internal affairs. (shrink)

German Idealism was without doubt one of the most fruitful, influential, and exciting periods in the history of philosophy. The Palgrave Handbook of German Idealism covers this revolutionary philosophical movement in remarkable detail and includes contributions from 36 of the leading scholars in the field, including Paul Guyer, Terry Pinkard, Violetta Waibel, Jason Wirth, and Günter Zöller. In his introduction, Matthew Altman investigates the meaning of idealism and sets the historical context. Ensuing chapters then consider the philosophical importance of the (...) movement’s four most important thinkers (Kant, Fichte, Schelling, and Hegel) and explore the areas of philosophy on which they had their greatest impact. A concluding chapter examines the legacy of German Idealism from the nineteenth century to the present day. (shrink)

Kant claims that animal suffering only matters if it affects us indirectly by making us more callous toward other persons. This seems inconsistent with Kant’s formal moral theory, and it seems to entail that we are morally better off if we remain willfully ignorant of animal suffering. In defense of Kant’s indirect view, I explain how psychological facts should play a role in the application of the categorical imperative. I then give three responses to the objection that Kant encourages willful (...) ignorance. First, supporting practices of animal exploitation facilitates a system that harms workers. Second, moral ignorance as a habit of mind makes us more likely to ignore morally relevant harm to other persons. Third, remaining intentionally ignorant is not in keeping with our capacity for intellectual self-determination. (shrink)

During the coronavirus pandemic, communities have faced shortages of important healthcare resources such as COVID-19 vaccines, medical staff, ICU beds and ventilators. Public health officials in the U.S. have had to make decisions about two major issues: which infected patients should be treated first, and which people who are at risk of infection should be inoculated first. Following Beauchamp and Childress’s principlism, adopted guidelines have tended to value both whole lives and life-years. This process of collective moral reasoning has revealed (...) our common commitment to both Kantian and utilitarian principles. For Kant, respecting people’s rights entails that we ought to value whole lives equally. Therefore we ought to allocate resources so as to maximise the number of patients who survive to discharge. By contrast, the principle of utility has us maximise life-years so that people can satisfy more of their considered preferences. Although people are treated impartially in the utilitarian calculus, it does not recognise their equal worth. Subjecting Kantian ethics and utilitarianism to the process of reflective equilibrium lends support to the idea that we need a pluralistic approach that would accommodate our moral intuitions regarding both the equal value of whole lives and the additive value of life-years. (shrink)

In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S. context these seemingly contrary theories function jointly to rationalize racial inequities in the criminal justice system. When people of color are culturally associated with criminality, they are perceived as both irresponsible and hyperresponsible, a paradox that reflects their status as what Charles Mills calls subpersons. Following from this paradox, criminality (...) is understood as an atemporal characteristic of people of color, such that they are conceived as pre-criminals, criminals, or post-criminals. In Frantz Fanon’s account, overdetermination expresses this exclusion of people of color from full agency by capturing them within a rigid, immutable essence, which then controls the social meaning of their actions. The backward-looking quality of retribution and the forward-looking quality of deterrence then treat people of color as more deserving of punishment (and more severe punishment) and as threats to the social order who have to be restrained. We should read the racialization of mass incarceration as a symptom of how precariously people of color participate in the social contract and as reflections of how theories of punishment have been racially deployed. (shrink)

In this chapter, Altman gives two separate arguments that, in conjunction, support a mixed theory of punishment. First, he shows that consequentialism is insufficient on its own because it cannot capture the condemnatory function of the law as an expression of the community’s resentment. Second, he shows that retributivism is insufficient on its own because any plausible legal arrangement must be committed to some non-retributivist values. He then argues that the institution of punishment is justified by its costs and benefits, (...) and the distribution of punishment—who is punished and how much—is justified by what offenders deserve. This two-tiered model of punishment makes more sense than an alternative scheme, according to which retributivist reasoning informs criminal lawmaking and consequentialist reasoning informs criminal judgments and sentencing. (shrink)

Kantian defenders of suicide for the soon-to-be demented claim that killing oneself would protect rather than violate a person’s inherent worth. The loss of cognitive functions reduces someone to a lower moral status, so they believe that suicide is a way of preserving or preventing the loss of dignity. I argue that they misinterpret Kant’s examples and fail to appreciate the reasons behind his absolute prohibition on suicide. Although Kant says that one may have to sacrifice one’s life to fulfill (...) a moral duty, suicide is not morally equivalent to self-sacrifice because it involves treating oneself merely as a means. Furthermore, people facing the onset of dementia would not protect their dignity by killing themselves while they are still rational and would not avoid a demeaning existence. (shrink)

This chapter contains sections titled: How Kant Answers Hegel's Formalism Charge Basic Principles versus Particular Duties: Kant and Rawls What Is My Obligation to Reduce Poverty? Social Contexts Specify the Content of Maxims Herman's Rules of Moral Salience The Humanity of Others Is Not Simply Given Developing Moral Judgment: The Case of Kant Himself The Return of Hegel.

This chapter contains sections titled: Sex Is Morally Problematic Sex Is (Conditionally) Good Exchanging Ourselves: Marriage in the Moralphilosophie Collins Kant and Political Liberalism Transforming Ourselves into Husbands and Wives: Marriage in the Metaphysics of Morals Is Something Wrong Because It Is Unnatural? Pleasure as an End of Nature Marital Equality as a Criterion of Legitimacy How the Same‐Sex Marriage Debate Should Proceed.

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

In his theoretical philosophy, Immanuel Kant argues that experience comes from two sources that are radically different but equally necessary: the rule-governed activity of thinking and the givenness of sensations. He supposes that both could be traced to some common root but concludes that whatever it is, is in principle unknowable. Kant's idealist successors, J.G. Fichte and F.W.J. Schelling, each attempt to provide a unified account of experience by identifying the ultimate basis of subject and object—Fichte by referring to the (...) I's activity and Schelling by referring to the Absolute. Because we can know only appearances, an implication of Kant's transcendental inquiry, Fichte and Schelling have difficulty... (shrink)

The conception of subjectivity that dominates the Western philosophical tradition, particularly during the Enlightenment, sets up a simple dichotomy: either the subject is ultimately autonomous or it is merely a causally determined thing. Fichte and Freud challenge this model by formulating theories of subjectivity that transcend this opposition. Fichte conceives of the subject as based in absolute activity, but that activity is qualified by a check for which it is not ultimately responsible. Freud explains the behavior of the self in (...) terms of biological drives and social pressures, yet both forces are actively interpreted by the subject itself. The tensions that arise from these very different approaches show that both Fichte and Freud are trying to overcome this deeply imbedded dichotomy between freedom and determinism. Although some would respond to these tensions by trying to forge a Hegelian synthesis, such a resolution covers over the paradoxical nature of finite subjectivity. (shrink)

Konstantin Pollok's ambitious aim in this book is to formulate a unified theory of normativity that runs throughout Kant's three Critiques. Specifically, he argues that, on Kant's view, synthetic a priori principles structure "the space of reason" and determine the validity of our judgments. Such principles are constitutive of our epistemological, ethical, and aesthetic practices by setting the conditions for what makes a meaningful judgment in those areas, but they are also normative in that the particular judgments we make can (...) be right or wrong depending on whether we successfully apply the principles. For example, to be making knowledge claims, we must use the pure concepts of the understanding to interpret our... (shrink)

Immanuel Kant's groundbreaking Critique of Pure Reason inaugurated a new way of understanding the world that continues to impact philosophy to the present day. With clear explanations and numerous examples, A Companion to Kant's Critique of Pure Reason takes students step by step through the book in a way that captures their interest without sacrificing depth or intellectual rigor. Although it is informed by recent Anglo-American scholarship, the Companion focuses on Kant's own arguments rather than secondary texts and scholarly debates (...) that may otherwise distract from what Kant himself is attempting. The Companion first places the Critique in its historical and philosophical context before addressing the three main parts of the book in order: the Transcendental Aesthetic, the Transcendental Analytic, and the Transcendental Dialectic. The Companion also briefly explains how Kant continues his investigation into God, freedom, and immortality in the Critique of Practical Reason, and it concludes with an assessment of Kant's importance in the history of modern philosophy. Key features include a glossary of technical terms, with succinct definitions and cross-references, as well as an annotated bibliography of the most important English-language secondary sources on Kant's theoretical philosophy. (shrink)

This chapter contains sections titled: Kant's Logocentrism Kant's Justification for Our Duties (with Regard) to Nonrational Animals Implications of Kant's View for Our Treatment of Animals Kantians Revising Kant: Wood and Korsgaard Problems with Wood and Korsgaard Kant's Response to Wolff: The Difference between Animal Choice and Moral Agency Evaluating Pain and Pleasure Kant's Practical Appeal Final Thoughts for the Nonanthropocentrist.

"This book argues for a mixed view of punishment that balances consequentialism and retributivism. He has published extensively on philosophy and applied ethics. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book defends a mixed (...) view that recognizes the strength of both of these intuitions. By this account, the legislature should develop institutional policies and statutory penalties that maintain the social order, that is, consequentialism. It establishes punishment policies to deter criminal activity. By contrast, the criminal judiciary should give individual defendants what they deserve, that is, retributivism and thus expressing the community's appropriate sense of resentment at being wronged. The book justifies the two-tiered model by showing how it accords with our moral intuitions, our assumptions about how what we know affects our moral obligations, and a commonly held theory of freedom. This approach is developed by engaging classic and contemporary work in the philosophy of law, and shows its advantages over competing approaches from contemporary retributivists and other mixed theorists. The work also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. It draws on cutting-edge criminological research to show how punishment theory can help us to address some of our most pressing social issues, including the death penalty, drug laws, and mass incarceration. The book will also be of interest to legal philosophers, social scientists, especially criminologists, sociologists, economists, and political scientists"--. (shrink)

This chapter contains sections titled: The Ancient Practice of Abortion, and Continuing Controversies Universalized Maxims Are Not Retroactive The Formula of Humanity: Appealing to Personhood Thomson and Boonin: The Personhood of the Fetus Does Not Matter The Elements of Personhood: Self‐Consciousness, Humanity, Responsibility An Attempt to Bring Fetuses into Kant's Moral Community: The Appeal to Kind Another Common Strategy: The Argument from Potential Do We Have Indirect Duties to Fetuses? No Fetuses, No Children The Need for a Pragmatic Concept of (...) Personhood The Specter of Infanticide Kant's Appeal to God Problematic Implications of the Appeal to Personhood Our Kantian Heritage: Trouble with Those at the Margins of Personhood. (shrink)

This chapter contains sections titled: Natural Purposiveness in the Critique of Judgment Furthering Nature's Purposes: The Stewardship Model The Value of Nature for Humanity Considering Future Generations Beauty as a Symbol of Morality Preserving the Sublime Developing Kantian Virtues Norton's Convergence Hypothesis and Light's Practical Pluralism The Appeal to Common Sense Kant's Place in the Debate over Environmental Policy.

This chapter contains sections titled: The Moral Duty to Assist Others in Their Health Care Health Care Should Be Provided by the Government The Duty to Provide Truly Universal Health Care Rejecting the Liberal Model.

This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. (...) Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject. (shrink)

This chapter contains sections titled: Decision‐Making Procedures and Maxims in Corporate Settings The Need for Collective Responsibility in Business Ethics Applying the Categorical Imperative to Businesses Kant's Account of Moral Agency and the Categorical Imperative Must We Never Treat a Business Merely as a Means? Corporate Policies and Individual Agents Bowie's Defense of Collective Responsibility, and the Need for an Alternative Personal Responsibility within the Corporation The Choice Facing Business Ethicists: Kant or Collective Responsibility?

The Fractured Self in Freud and German Philosophy examines Freud's transformation of German philosophical approaches to freedom, history, and self-knowledge; defends a theory of situated knowledge and agency; and considers the relevance of Freudian thought for contemporary cultural issues.

The ticking bomb case is meant to challenge absolute prohibitions on the use of torture. In “Imaginary Cases,” Michael Davis attempts to show that such cases can only be legitimately employed within certain limited parameters. In this paper, I explain how the ticking bomb case, suitably revised, does not run afoul of Davis’s prohibition on impossible content. The fact that torture could elicit the necessary information is enough; we need not stipulate a guaranteed result. I also defend philosophers’ use of (...) the case to identify our moral intuitions and to evaluate our theoretical assumptions. Although our responses to actual events are better at mapping our actual commitments, imaginary events can also reveal our pre-theoretic intuitions. Ultimately, however, I reject the use of the ticking bomb case on practical grounds, because the imaginary case distorts our moral reasoning in actual cases and leads to our acceptance of torture more generally. (shrink)

Requiring that a woman who is seeking an abortion be given the opportunity to view an ultrasound of her fetus has spread from anti-abortion “pregnancy resource centers” to state laws. Proponents of these laws claim that having access to the ultrasound image is necessary for a woman to make a medically informed decision. In this paper, we argue that ultrasound examinations frame fetuses visually and linguistically as persons and interpellate pregnant women as mothers, with all of the cultural meaning invested (...) in those two normative concepts. Presenting these judgments as medical information is misleading. Because women are being subjected to these cultural expectations unknowingly, mandatory ultrasound laws in fact undermine women’s autonomy. Fully informed consent would include a critical engagement with social norms around femininity and a recognition that such laws are meant to advance the state’s interest in preserving potential life. (shrink)

In addition to preparing students for graduate school or emphasizing transferable skills that are useful in any career, philosophy departments ought to give majors the education and work experience that will train them to become ethics officers outside of academia. This is a growing field that allows students to engage non-philosophers in setting corporate policies and addressing morally significant social issues. Using a course in medical ethics as an example, I show how incorporating service-learning into philosophy classes benefits students both (...) academically and professionally, and also demonstrates the value of philosophy to the community and to academic administrators. (shrink)

In this Introduction, Altman surveys some of the most important positions and debates regarding the definition of punishment and its justification. After explaining the so-called “standard definition” of punishment, he poses several questions, including whether any definition can be value-neutral, whether punishments (as opposed to mere penalties) must include an expressive dimension, and whether punishment must intend to cause suffering. Altman then examines the traditional dichotomy between consequentialism and retributivism, and their different versions. Many theories of punishment blur the distinction (...) or resist easy categorization, which has led to alternative classifications. He describes the political turn in punishment theory, how legal punishment has been criticized as a tool of oppression, and the challenge of abolitionism. He also surveys the chapters in the book. (shrink)

This chapter contains sections titled: The Purpose of Marriage Consent and Coercion Mail‐Order Marriages as the Kantian Ideal Treating Mail‐Order Brides Merely as Means Attempts to Criticize Mail‐Order Marriages from a Kantian Perspective Are Mail‐Order Brides Coerced? Questioning the a priori Basis of Kant's Ethics Notes toward a Genealogy of Kantianism.

This chapter contains sections titled: The Difference between Morality and Legality Retribution and the Death Penalty Consenting to Capital Punishment Determining the “Inner Wickedness” of the Accused The Fallibility of Justice Capital Punishment Cannot Be Categorically Demanded of Us A Moral Assessment of the Supposed Duty to Kill Do These Objections Rule Out All Punishments? Whose Dignity Is at Stake?

Anthropocentric biases manifest themselves in two different ways in research on animal cognition. Some researchers claim that only humans have the capacity for reasoning, beliefs, and interests; and others attribute mental concepts to nonhuman animals on the basis of behavioral evidence, and they conceive of animal cognition in more or less human terms. Both approaches overlook the fact that language-use deeply informs mental states, such that comparing human mental states to the mental states of nonlinguistic animals is misguided. In order (...) to avoid both pitfalls -- assuming that animals have mental lives just like we do, or assuming that they have no mental lives at all -- I argue for a functional methodological approach. Researchers should study animal cognition by identifying environmental inputs, the functional role of internal states, and behavioral outputs. Doing so will allow for cross-species comparisons in a way that the use of folk psychological terms does not. (shrink)

Fichte develops his idealism through a higher-level critique: only through the Fichtean fact of reason can one justify a systematic transcendental idealism, thereby making possible the self-sufficiency of theoretical reason. By examining the metaphilosophical implications of our immediate consciousness of the moral law, Fichte is able to assert the necessary metaphilosophical primacy of practical reason for any possible wissenschaftlich philosophy as well as the philosophical unity of theory and practice within such a system.