Kant's Critique of Pure Reason, his main work of theoretical philosophy, frequently uses metaphors from law. In this first book-length study in English of Kant's legal metaphors and their role in the first Critique, Sofie Møller shows that they are central to Kant's account of reason. Through an analysis of the legal metaphors in their entirety, she demonstrates that Kant conceives of reason as having a structure mirroring that of a legal system in a natural right framework. Her study (...) shows that Kant's aim is to make cognisers become similar to authorized judges within such a system, by proving the legitimacy of the laws and the conditions under which valid judgments can be pronounced. These elements consolidate her conclusion that reason's systematicity is legal systematicity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Kant's Tribunal of Reason: Legal Metaphor and Normativity in the Critique of Pure Reason. Cambridge: Cambridge University Press, 2020. Pp. 208. Hardback, $105.00. -/- Even those with a passing knowledge of Kant's system will recognize his sustained use of legal metaphor and his appeal to lawfulness as a beacon of philosophical progress. He famously begins one of the most important (and impermeable) sections of the Critique of Pure (...) Reason with the juridical distinction between quid juris (what is the law) and quid facti (what is the fact) (A 84/B 116), insisting—against the empiricists—that the critique of our cognitive faculty must speak to the former and requires a Transcendental Deduction of the categories. In her book, Sofie Møller delves into the historical context and philosophical significance of such legal metaphors to reveal that their roots spread to the deepest foundations of Kant's project. In doing so, she contends that we should understand "philosophical systematicity as legal systematicity" (15). According to Møller, to accept this reading of Kant is to acknowledge that the legal system provides not just one helpful type of metaphor to be appreciated alongside many others, but the only proper symbol of the abstract nature of reason itself (173).For those interested in Kant's engagement with the natural-rights theory that prevailed during his lifetime, or in his familiarity with the concrete legal practices of eighteenth-century European courts, Møller's book proves to be thoroughly researched and informative. As the first English-language book-length study providing a comprehensive account of the legal aspects influencing Kant's system, it should serve as a valuable catchall resource. There are limits to its accessibility, however, as familiarity with basic legal distinctions—e.g. between civil and criminal codes—is assumed, and Latin terms and phrases often go untranslated. At times, this makes for a difficult intersection between the arduousness of Kant's own prose and the equally technical legal terminology that is meant to explain it. However, this barrier is mitigated by Møller's own interpretive work, which cautions that we should not let indeterminate legal terminology fix too much in our reading of Kant's texts, especially when considering the Transcendental Deduction and its reliance on the quid juris/quid facti distinction. As she concludes at the end of chapter 3, the procedure of legal deduction that Kant invokes "could be an investigation, an exposition, a thorough consideration, a review, explanation, description, account, dispute or procedure" (64). Thus, despite Kant's historically demonstrable familiarity with legal-deduction writings, on their own, they "do not present a sufficiently uniform argument structure to settle the question of the structures of the two versions of the transcendental deduction" (64). This observation serves both as a general warning as well as a criticism of Dieter Henrich's approach to Kant's system, which popularized attention to legal metaphor in Kant scholarship in the twentieth century. For Møller, little philosophical insight is won through Henrich's approach, since it "places too much weight on the importance of an origin" (60), taking its cue from a particular type of legal deduction whose assumption is unsupported, and which cannot be accurately projected onto Kant's text. As Møller argues, "The validity of the categories is not only grounded in their origin in pure apperception but in their being the necessary structures in the synthesis which creates objects of experience, which is an act of pure apperception" (60). Møller's suggestion, instead, is to read the Deduction as adopting the twofold structure of "judicial imputation," which does a more faithful job of capturing the structuring activity that Kant accords to the understanding. With the latter reading, emphasis shifts from whether the categories' application to objects of experience is valid because of their a priori origin, to the spontaneous activity of the judging subject as the originator of experience (75). Part of what is unique about this approach is that it does not read the... (shrink)

In Justifying Injustice Justifying Injustice: Legal Theory in Nazi Germany, Herlinde Pauer-Studer analyses the legal theory that Nazi jurists developed to justify the horrifying practices of the to...

In The Architectonic of Reason, Lea Ypi provides an illuminating and innovative interpretation of the Architectonic in the first Critique. Ypi argues that Kant’s project of uniting practical and theoretical uses of reason in a critical metaphysics ultimately fails because practical reason does not have its own domain in which to legislate. This article challenges Ypi’s objection to practical reason’s lack of a domain in the first Critique. Its main contention is that reason’s need for unity in legislation may be (...) satisfied by a belief in God as a necessary practical presupposition rather than a dogmatic metaphysical reality. (shrink)

In the Critique of Pure Reason, Kant explains the purpose of the transcendental deduction of the categories by referring to the practice of legal deduction (KrV, A 84/B 116). However, he does not elaborate the details of the analogy and the reader is left to fill in the blanks concerning legal deductions and their supposed similarities with transcendental deductions. In this paper, I suggest we use judicial imputation to clarify Kant’s analogy between transcendental and legal deductions. My claim is that (...) the core of the analogy is not the similarities between the acquisition of property and that of concepts but rather similarities in the application of a law to a deed. (shrink)

In Kant’s Politics in Context, Reidar Maliks offers a compelling account of Kant’s political philosophy as part of a public debate on rights, citizenship, and revolution in the wake of the French Revolution. Maliks argues that Kant’s political thought was developed as a moderate middle ground between radical and conservative political interpretations of his moral philosophy. The book’s central thesis is that the key to understanding Kant’s legal and political thought lies in the public debate among Kant’s followers and that (...) in this debate we find the political challenges which Kant’s political philosophy is designed to solve. Kant’s Politics in Context raises crucial questions about how to understand political thinkers of the past and is proof that our understanding of the past will remain fragmented if we limit our studies to the great men of the established canon. (shrink)

: The aim of the present paper is to discuss how the legal metaphors in Kant’s Critique of Pure Reason can help us understand the work’s transcendental argumentation. I discuss Dieter Henrich’s claim that legal deductions form a methodological paradigm for all three Critiques that exempts the deductions from following a stringent logical structure. I also consider Rüdiger Bubner’s proposal that the legal metaphors show that the transcendental deduction is a rhetorical argument. On the basis of my own reading of (...) the many different uses of legal analogies in the first Critique, I argue that they cannot form a consistent methodological paradigm as Henrich and Bubner claim. (shrink)

This paper challenges the role individual autonomy has played in debates on moral neuroenhancement (MN). It shows how John Hyman’s analysis of agency as consisting of functionally integrated dimensions allows us to reassess the impact of MN on practical agency. I discuss how MN affects what Hyman terms the four dimensions of agency: psychological, ethical, intellectual, and physical. Once we separate the different dimensions of agency, it becomes clear that many authors in the debate conflate the different dimensions in the (...) concept they call ‘autonomous agents’. They contend that, for example, reason-giving and previous autonomous acts are relevant to agency as such, when in fact they capture only one aspect of functionally integrated agency. This paper reconsiders MN in light of the functional integration of reason and emotions in practical agency. To illustrate the impact of MN on different aspects of agency, I consider examples from legal practice, which show that autonomy cannot be our sole focus when evaluating the moral implications of MN. (shrink)

Onora O’Neill ist eine der bedeutendsten Persönlichkeiten aus dem Kreis der Schüler*innen von John Rawls und hat sich in ihrer ganzen philosophischen Tätigkeit intensiv mit dessen politischer Philosophie beschäftigt. Von Rawls übernimmt O’Neill die Grundidee, dass Gerechtigkeitsansprüche vernünftig gerechtfertigt werden müssen und dass wir selbst Gerechtigkeitsprinzipien in einer vernünftigen Prozedur konstruieren. Jedoch wirft O’Neill Rawls vor, idealisierte Modelle anzuführen, ohne die dahinterliegende Metaphysik kritisch zu hinterfragen. Daher plädiert O’Neill für eine Rückkehr zu Kant und seiner kritischen Überprüfung der Vernunft und (...) der Metaphysik. (shrink)

A classicist, philosopher, and poet, Poul Martin Møller was an important figure in the Danish Golden Age. The traumatic event of the death of his wife led him to think more profoundly about the question of the immortality of the soul. In 1837 he published his most important philosophical treatise, "Thoughts on the Possibility of Proofs of Human Immortality," presented here in English for the first time. It was read and commented upon by the leading figures of the Golden Age, (...) such as Søren Kierkegaard. It proved to be the last important work that Møller wrote before his death in March of 1838 at the age of 43. (shrink)

The music ensemble has often been used as an analogy of organisation processes in general. Many versions of this analogy presuppose a specific organisation structure in the ensemble with clearly defined leader-follower relationships from which we can learn important points about successful leadership. This paper wishes to draw attention to the wide variety of organisation processes that may occur in a music ensemble, some of which are not dependent on leadership. Through the outlines of a logical analysis of a coordination (...) problem, it is argued that the music performance is in fact exemplary of a situation in which individual dedication to a goal promotes coordination in the entire group. (shrink)

In this article I assess the Invariance Principle, which states that only quantities that are invariant under the symmetries of our theories are physically real. I argue, contrary to current orthodoxy, that the variance of a quantity under a theory’s symmetries is not a sufficient basis for interpreting that theory as being uncommitted to the reality of that quantity. Rather, I argue, the variance of a quantity under symmetries only ever serves as a motivation to refrain from any commitment to (...) the quantity in question. (shrink)

This article explores yet another paradox – aside from the privacy paradox – related to the datafication of media: citizens trust least the media they use most It investigates the role that daily life plays in shaping the trust that citizens place in datafied media. The study reveals five sets of heuristics guiding the trust assessments of citizens: characteristics of media organisations, old media standards, context of use and purpose, experiences of datafication and understandings of datafication. The article discusses the (...) use of these heuristics and the value that everyday life holds in assessing trust in datafied media. It concludes that, guided by a partial ‘structure of perception’ and enticed into trusting datafied media in the context of their daily lives, citizens may be highly concerned by the datafication of media but use them nevertheless. (shrink)

This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic disrespect involved in affirmative action is (...) alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

There exists a common view that for theories related by a ‘duality’, dual models typically may be taken ab initio to represent the same physical state of affairs, i.e. to correspond to the same possible world. We question this view, by drawing a parallel with the distinction between ‘interpretational’ and ‘motivational’ approaches to symmetries.

The concept ‘hereditary breast cancer’ is commonly used to delineate a group of people genetically at risk for breast cancer—all of whom also having risk for other cancers. People carrying pathogenic variants of the BRCA1 and BRCA2 genes are often referred to as those having predisposition for ‘hereditary breast cancer’. The two genes, however, are when altered, associated with different risks for and dying from breast cancer. The main risk for dying for carriers of both genes is from ovarian cancer. (...) These biological facts are of philosophical interest, because they are the facts underlying the public debate on BRCA1/2 genetic testing as a model for the discussion of how to implement genetic knowledge and technologies in personalized medicine. A contribution to this public debate describing inherited breast cancer as ‘biological citizenship’ recently printed in Med Health Care and Philos illustrated how fragmented and detached from the biological and socio-political facts this debate sometimes is. We here briefly summarize some of the biological facts and how they are implemented in today’s healthcare based on agreed philosophical, ethical and moral principles. The suggestion of a ‘biological citizenship’ defined by hereditary breast cancer is incorrect and ill-advised. ‘Identity politics’ focusing hereditary breast cancer patients as a group based on a bundle of ill-defined negative arguments is well known, but is supported neither by scientific nor philosophical arguments. To those born with the genetic variants described, the philosophical rule of not doing harm is violated by unbalanced negative arguments. (shrink)

This book presents a thorough study and an up to date anthology of Plato’s Protagoras. International authors' papers contribute to the task of understanding how Plato introduced and negotiated a new type of intellectual practice – called philosophy – and the strategies that this involved. They explore Plato’s dialogue, looking at questions of how philosophy and sophistry relate, both on a methodological and on a thematic level.

The formation of the World Anti-Doping Agency in 1999 was spurred by the 1998 revelation of widespread use in professional cycling of erythropoietin. The drug was supposedly a real danger. The long-term consequences were unknown, but rumor said it made athletes’ blood thick as jam with clots and other circulatory fatalities likely consequences. Today the fear of EPO has dampened. However, new scientific avenues such as ‘neuro-doping’ have replaced EPO as emergent and imagined threats to athletes and to the integrity (...) of sport. In this paper, we analyze the alleged threat from ‘neuro-doping’ in the following steps: First, we outline an understanding of ‘neuro-doping’ in a narrow sense, which we then put into context by looking at the phenomenon in a broader sense. Second, we highlight examples of societal perceptions of sport and science in order to shed light on where the concern for ‘neuro-doping’ comes from. Third, we address the more general fear of technology as a root for this concern. Fourth, we examine the evidence for the performance enhancing capacities of ‘neuro-doping’, where after we look at the obstacles for a ban on this technology. We conclude the analysis by stating that at present ‘neuro-doping’ cannot be considered a threat to the integrity of sport. Finally, however, we put this conclusion into perspective by examining what the most reasonable response would be if in the future neuro-stimulation techniques becomes an effective performance-enhancing mean in sport. (shrink)

U ovom tekstu pokusavam da pokazem primere ispoljavanja krize identiteta u kulturi, koja se upravo odvija u Skandinaviji. Posebnost ove krize je u tome sto je ona pogodila vecinu drustva u vreme kada se?skandinavski model? drzave blagostanja polako rusi sa nastankom globalnih finansijskih problema. U centru ove krize je ideja Homo Scandinavicusa cije je postojanje istovremeno ugrozeno i ciji je sadrzaj doveden u pitanje. U svim skandinavskim zemljama takozvane?kulturne bitke? bile su koriscene kao?teska artiljerija? pri artikulisanju stavova obe sukobljene strane. (...) Na primerima pokazujem kako je?javnost? postala talac poprista sukoba identiteta. Takodje cu na primerima alternativnih strategija pokazati zasto one nisu uspele da pruze funkcionalne alternative vodecim rivalskim strategijama identiteta. Priroda ove krize i nacini njenog ispoljavanja nisu ograniceni na Skandinaviju i zato su razmatranja njenih posledica relevantna i za siri uvid. (shrink)

Since the end of the Second World War, the popularity of modern elite sport has grown immensely and so has the economical interests in sport. Athletes have become attractive advertising partners. Much money is at stake so it is understandable that companies are alarmed when their poster boys or girls are caught up in scandals. Inspired by a recent study, which found that stock return of primary team sponsors in cycling was not affected if the team was involved in doping (...) scandals, this paper is an attempt to explain why athletes often maintain their marketing value even if they are exposed as bad role models. The thesis is that the attraction of athletes relates to the concept of ‘charisma’, and that the success of mass spectator sports is due to sport’s appeal to what psychologist Henry Rutgers Marshall by the end of the 19th Century in an article in Mind identified as man’s ‘religious instinct’. So after a brief introduction, the paper begins with a clarification of the antiquated concept ‘religious instinct’. This is followed by a critical examination of the secular usage of ‘charisma’ as introduced by Max Weber. Peter Sloterdijk’s sobering point that Hitler’s aptitude for his role in Germany did not rely on charisma lays the foundation for a more precise and rationally consistent description of the concept. It is argued that charisma is not something certain individuals posses, rather it is something that is experienced as an emotional effect by those who label individuals charismatic, which is based on the honesty competence and commitment of the perceived ‘charismatic’ person. Idols can have charismatic effect on us even if they are unprincipled cheats so long as they are committed to what they do. This is why athletes maintain their appeal and marketing value so long as their performances transcend the capabilities of ordinary people. (shrink)