Categorical and Hypothetical Imperatives

The letter analyzes the country-specific structural stigma in the modern media development of People’s Republic of China. It raises the issues on unconventional cybersecurity risks in mental & psychological health with a lens of justice in gender & marriage, and critical discourses in the media environment with the Chinese revisionist nationalism. It studied media coercion in relation to the breaches of humanitarian law in the constitutionalism context of PRC, and adopted a critical theory approach to religion with the background of (...) the militarization of religion by the Chinese “United Front”. With the non-identity problem in the totalitarian regime, structural stigma is analyzed with coercion theory and religion in queer gender. Ménage à trois is justified by case specificity in human development and global economy. (shrink)

Ryan Tonkens (2009) has issued a seemingly impossible challenge, to articulate a comprehensive ethical framework within which artificial moral agents (AMAs) satisfy a Kantian inspired recipe - both "rational" and "free" - while also satisfying perceived prerogatives of Machine Ethics to create AMAs that are perfectly, not merely reliably, ethical. Challenges for machine ethicists have also been presented by Anthony Beavers and Wendell Wallach, who have pushed for the reinvention of traditional ethics in order to avoid "ethical nihilism" due to (...) the reduction of morality to mechanical causation, and for redoubled efforts toward a comprehensive vision of human ethics to guide machine ethicists on the issue of moral agency. Options thus present themselves: reinterpret traditional ethics in a way that affords a comprehensive account of moral agency inclusive of both artificial and natural agents, “muddle through” regardless, or give up on the possibility. This paper pursues the first option, meets Tonkens' "challenge" and addresses Wallach's concerns through Beaver's proposed means, by "landscaping" traditional moral theory in resolution of the necessary comprehensive and inclusive account that at once draws into question the stated goals of Machine Ethics, itself. (shrink)

This paper explores three important criticisms of Kant's ethics by Friedrich Schleiermacher, all having to do with Kant's alleged failure to account for the value of the individual. These are: (1) Kant's formalism precludes him from specifying ends for the will, and without such ends, the moral perfection of the individual, and the genuine appreciation of the other in his or her individuality cannot become my end; (2) Kant cannot provide an adequate metaphysical grounding of the value of the individuals (...) comprising a community; (3) Kant cannot give an account of why members of a community should value the individual qua individual in relation to the community. In this paper I discuss these criticisms and their validity in detail. I show that understood properly, Kant has the resources to answer Schleiermacher's first criticism, and I show how Schleiermacher's own system sought to avoid the second and third problems. (shrink)

In his discussion of the duty of benevolence in §27 of the Metaphysics of Morals, Kant argues that agents have no obligation to promote their own happiness, for ‘this happens unavoidably’ (MS, AA 6:451). In this paper I argue that Kant should not have said this. I argue that Kant should have conceded that agents do have an obligation to promote their own happiness.

A maxim is a subjective principle of volition. But I want to distinguish between maxims at three levels of abstraction. At the first level are what I shall call individual maxims, or i-maxims: maxim tokens as adopted by particular rational beings. At the second level are abstract maxims, or a-maxims: abstract principles distinct from any individual who adopts them. At the third level are maxim kinds, or k-maxims: sets of various action-guiding principles that are grouped on the basis of their (...) content. In this paper, I argue for the thesis that i-maxims are the locus of assessment in Kant’s ethics. I argue for this thesis in two ways. First I argue that there is textual evidence in favor of my thesis. Then I argue that there are good philosophical grounds in favor of my thesis. Thus, I argue that there are reasons to think that Kant thought i-maxims are the locus of assessment and, further, that he was right about this. (shrink)

Traditional paradigm on marriage equality focused on a humanitarian appeal and was set as a path dependency model on marriage equality for the suppressed regions. However, such gender based focus has largely neglected the multilateral movements underlying the macro- political-economic structures that shaped law as a power political means. Consequentially, LGBTQI existence became marginalized from the public consciousness with structural realist state hierarchies that further undermines the fundamental freedoms of the LGBTQI popula- tion. This makes the question on LGBTQI equal (...) marriage from a simple humanitarian value based discourse to a macro-political-economy question. The article adopts the Maslow’s hier- archy of needs as the analytical framework on the developing country as the People’s Republic of China (PRC) in relation to multilateralism and global economy on the necessity to legalize LGBTQI marriage. (shrink)

More than a century before Anscombe counseled us to jettison concepts such as that of the moral ought, or moral law, Schopenhauer mounted a vigorous attack on such prescriptive moral concepts, particularly as found in Kant. In this chapter I consider the four objections that constitute this attack. According to the first, Kant begs the question by merely assuming that ethics has a prescriptive or legislative-imperative form, when a purely descriptive-explanatory conception such as Schopenhauer’s also presents itself as a possibility. (...) According to the second, Kant’s purportedly philosophical ethics is in fact a theological ethics in disguise, because the moral ought and its prescriptive cousins presuppose a divine lawgiver. According to the third, Kant’s conceptions of the moral law as a law of freedom, and of moral imperatives as categorical or unconditioned, involve him in contradictions. Finally, Schopenhauer objects that there can be no such thing as a moral ought because a binding ought or law must be understood to operate through appeals to self-interest, which stands in opposition to morality. I contend that these last three objections are sound and that the fourth in particular succeeds in confuting the prescriptivist conception of morality. (shrink)

Kant’s argument against suicide is widely dismissed by scholars and often avoided by teachers because it is deemed inconsistent with Kant’s moral philosophy. This paper attempts to show a way to make sense of Kant’s injunction against suicide that is consistent with his moral system. One of the strategies adopted in order to accomplish my goal is a de-secularization of Kant’s ethics. I argue that all actions of self-killing (or suicide) are morally impermissible because they are inconsistent with God’s established (...) nature and order. It is argued that the existence of God as the locus of moral value and duty in Kant’s moral system, and not belief in God, can explain the consistency of Kant’s injunction against suicide. A synergistic view is offered, which rests on three arguments: First, suicide goes against God’s authority. Second, suicide is inconsistent with our self-perpetuating nature. Third, suicide goes against the rational will. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

According to Darwall’s Second-Personal Account, moral obligations constitutively involve relations of authority and accountability between persons. Darwall takes this account to lend support to Kant’s moral theory. Critics object that the Second-Personal Account abandons central tenets of Kant’s system. I respond to these critics’ three main challenges by showing that they rest on misunderstandings of the Second-Personal Account. Properly understood, this account is not only congenial to Kant’s moral theory, but also illuminates aspects of that theory which have hitherto received (...) scant attention. In particular, it motivates a fresh perspective on the relationship between respect, persons, and the law. (shrink)

Aktuelna pandemija virusa korona navela je mnoge pojedince da preispitaju usvojene obrasce ponašanja. Savremeni čovek, naviknut da najčešće odlučuje i dela u skladu sa sopstvenim interesima i željama, suočava se danas sa zahtevom da svoje postupke podredi opštem dobru. U doba pandemije kada svaki vid neopreznog i nesavesnog delanja može predstavljati opasnost kako po samog delatnika, tako i po njegove bližnje, postavlja se pitanje: kako treba postupati i u skladu sa kojim načelima? Odgovor na ovu važnu nedoumicu možemo pronaći ispitivanjem (...) etičke doktrine Imanuela Kanta. Jedna od glavnih odlika njegove etike jeste eksplicitna zabrana postavljanja pojedinca i njegovih ličnih težnji i ciljeva u prvi plan. Kantov vrhovni moralni princip nije utemeljen u čulima i iskustvu, nego u čovekovoj racionalnoj prirodi i njegovom umu, što mu daje opšte važenje. Ovaj princip važi jednako za sva racionalna bića. Cilj ovog teksta je da pokaže kako Kantov vrhovni moralni princip (izražen u formi kategoričkog imperativa) i čuveni test univerzalizacije mogu da nam posluže kao neka vrsta vodiča za ispravno postupanje. Videćemo da prilikom svakog odlučivanja moramo prvo da se zapitamo šta bi se desilo kada bismo svi postupili na određeni način, odnosno, da li možemo hteti da živimo u svetu koji bi u tom slučaju nastao. Ukoliko je odgovor potrvdan, onda je predloženi postupak moralno ispravan. (shrink)

Review of The First Person in Cognition and Morality by Béatrice Longuenesse, formulating how Freud’s genealogy of the moral imperative is compatible with Kant’s investigation of the justificatory structure of a priori cognition and moral reasoning.

The paper examines Kant’s self-criticism to the account of hypothetical imperatives given in the "Groundwork for the Metaphysics of Morals". Following his corrections in the introductions to the third "Critique", the paper traces the consequences of that change in his later writings, specifically with regard to the status of prudence. I argue that the revision of the account of hypothetical imperatives leads to differentiate, and ultimately separate, two functions in prudence: the setting of ends through maxims, and the pragmatic rules (...) establishing means to reach those ends. Accordingly, I furthermore argue, there is ultimately no genuine structural distinction between the rules of prudence and skill. The only difference lies in the domain in which prudence unfolds, that is, the field of human relations, and in the relevant cognitions. (shrink)

Apresentamos aqui a tradução de uma pequena seleção das notas kantianas sobre ética. A maioria dos fragmento traduzidos é parte das chamadas Reflexões de Filosofia Moral publicadas no tomo XIX de Kants gesammelte Schriften, que se constituem, em sua maior parte, como as anotações de Kant (algumas em folhas soltas) na margem de um dos exemplares de referência para seus cursos de ética17, a Initia philosophiae practicae primae de Alexander Baumgarten, em sua edição de 1760. Acrescentamos à mesma seleção, no (...) entanto, algumas Reflexões presentes em outros volumes do Legado Manuscrito que, de alguma maneira, abordam os mesmos temas. As Reflexões foram dispostas em ordem numérica e separadas de acordo com seus respectivos assuntos. Considerando a diversidade dos temas comentados por Kant, de acordo com o manual, tais como obrigação, coerção, imputação, lei, justiça, punição etc, tentamos selecionar alguns tópicos que assumem uma função basilar dentro da teoria moral kantiana. Dessa forma, o primeiro grupo de Reflexões contém algumas notas que tratam com o problema da liberdade e da lei moral. O segundo é um compilado contendo comentários sobre o sentimento moral. O terceiro apresenta algumas reflexões esparsas sobre imputabilidade e o mal moral e o quarto grupo traz algumas notas comentadas sobre o problema do sumo bem, sendo, em alguns casos, apenas trechos de anotações maiores. As traduções foram realizadas diretamente a partir dos fragmentos originais, embora, em alguns casos, tenha sido feito o cotejamento com outras versões, dentre as quais cito a tradução para o espanhol, Reflexiones sobre Filosofia Moral, publicada por J. Herceg, a seleção de notas da Cambridge Edition intitulada Notes and Fragments e a tradução francesa de Luc Langlois, Réflexions Sur La Philosophie Morale. Com o objetivo de dar mais clareza aos apontamentos, facilitando a interpretação, optei por completar, em alguns casos, as sentenças de Kant nas quais certas palavras ficam subentendidas. Este complemento está apresentado entre colchetes. Para fins comparativos, todas as Reflexões traduzidas são acompanhadas por sua correspondente original nas notas de rodapé. Ciente de todas as dificuldades desse tipo de trabalho, desde já, deixo aberto à comunidade acadêmica o espaço para críticas, sugestões e correções. (shrink)

Kantian ethics is based on a metaphysical conception of autonomy that may seem difficult to reconcile with the empirically-based science of psychology. I argue that, although not formally developed, a Self-Determination Theory (SDT) perspective of ethics can broaden the field of Kantian-based moral psychology and specify what it means, motivationally, to have autonomy in the application of a moral norm. More specifically, I argue that this is possible when a moral norm is fully endorsed by the self through a process (...) of internalization that is energized by intrinsic motivation and is facilitated by the fulfillment of the basic needs for autonomy, competence and relatedness. The conditions of the fulfillment of these needs may even implicitly reveal which norms will be integrated and treated as moral norms. I conclude that SDT offers a motivational approach that is useful in understanding the development of moral norms. (shrink)

Kant‘s moral philosophy is one of the great cornerstones of the Western ethical reflection. The little that is known is that the basic conception on which Kantian ethics was built – videlicet, the concept of autonomy of the will – was developed from the attempt to solve a set of problems of metaphysical and theological character that could only have been overcome through the adoption of a new practical metaphysics. With this in mind, this research is an attempt at a (...) reconstruction of the Kantian moral thought in its development, having as a higher aim the emphasis on the importance of the problem of theodicy in the genesis of Kant‘s original conceptions of freedom and the moral world, which emerged from the middle of the 1760s and only came to a bloom on the next decade. Such an attempt at a reconstruction will be guided by the chronological sequel of the pre-critical writings and Kant‘s reflections on the Manuscript Legacy, besides his Lectures on Ethics, sources that are temporally circumscribed from the late 1750s and the first half of the 1780 decade. In a first moment, the genesis of the moral problem will be analyzed from Kant‘s critical position – due to the objections that were raised precisely by the theodicy – in front of the intellectualistic comprehension of the concepts of perfection and will such as they were received by the German Scholastic. In a second moment, the beginning of a reformulation directly influenced by Crusius and the British moralists will be highlighted, and it will culminate in a repositioning of the ethical problem, having in mind the roles of reason and feeling. The third moment is marked by the Kantian assimilation of Rousseau‘s thought. Rousseau‘s influence will propel the emergency of a new understanding of the concept of perfection as an inner attribute of the will, enabling support for a new concept of practical philosophy. Indeed, a solution to the ethical problem regarding the conditions of possibility of free actions within the natural world will emerge and, besides that, a path to an adequate answer to the problem of theodicy will rise by means of the concept of a practical rational faith. Finally, the development of the Kantian doctrine of the categorical imperative will be highlighted – by means of the debate with Baumgarten‘s compendium – as the first attempts to lay down a systematic and unified view of morality that will try to establish a connection between the concepts of virtue and happiness – in this contexts, approach from the perspective of the highest Good. (shrink)

Kant’s most prominent formulation of the Categorical Imperative, known as the Formula of Universal Law (FUL), is generally thought to demand that one act only on maxims that one can will as universal laws without this generating a contradiction. Kant's view is standardly summarized as requiring the 'universalizability' of one's maxims and described in terms of the distinction between 'contradictions in conception' and 'contradictions in the will'. Focusing on the underappreciated significance of the simultaneity condition included in the FUL, I (...) argue, by contrast, that the principle is better read as requiring that one be able to will two things simultaneously without self-contradiction, namely, that a maxim be one's own and that it be a universal law. This amounts to a new interpretation of the FUL with significant interpretive and philosophical advantages. (shrink)

Kant makes a much-unexpected confession in a much-unexpected place. In the Criticism of the third paralogism of transcendental psychology of the first Critique Kant accepts the irrefutability of the Heraclitean notion of universal becoming or the transitory nature of all things, admitting the impossibility of positing a totally persistent and self-conscious subject. The major Heraclitean doctrine of panta rhei makes it impossible to conduct philosophical inquiry by assuming a self-conscious subject or “I,” which would potentially be in constant motion like (...) other thoughts. For it rules out the possibility of completely detached reasoning which necessitates an unchanging state of mind. In this paper, Kaplama uses panta rhei to critically examine the philosophical shortcomings and contradictions of Kantian and Enlightenment ethics. In his examination, he specifically focuses on the teleological nature of Kant’s principle of freedom and ideal of moral autonomy which have dominated the Enlightenment thought. By doing so, he argues that it is essentially inaccurate to posit Überlegenheit (the state of being superior to nature) as the foundation of philosophical inquiry mainly because this would contradict the Enlightenment’s claim to constitute a rupture from classic and medieval metaphysics and would render Enlightenment a mere extension of Christian metaphysics. As in Christianity, Überlegenheit presupposes two separate realms, the actual (contingent) and ideal (pure) realms of thought and assumes that the transcendence commences from the level of the late metaphysical/teleological construction of the ‘subject’ who is completely persistent, self-conscious and immune to change. He then substantiates these points with reference to the philosophical roots of ethnic prejudice displayed by the post-Enlightenment colonialists and the missionaries in Fiji and the Pacific. This brief critical examination of the post-Enlightenment ethnocentrism will be conducted under the following three points: a) On the Enlightenment’s teleological and universalistic understanding of humanity and the concept of progress versus the Fijian concepts of the continuity of life, regeneration, and reproduction b) On the Enlightenment’s ideal of the free-willing and independent individual subject versus the Fijian ideas of 'the cord', reciprocity, and vanua, and c) On the Enlightenment’s (and Christianity’s) strict dualism between physics and metaphysics, nature and human mind, body and soul versus the Fijian bio-centrism, the sanctity of vanua and the cosmological concept of mana. (shrink)

Why do promises give rise to reasons? I consider a quadruple of possibilities which I think will not work, then sketch the explanation of the normativity of promising I find more plausible—that it is constitutive of the practice of promising that promise-breaking implies liability for blame and that we take liability for blame to be a bad thing. This effects a reduction of the normativity of promising to conventionalism about liability together with instrumental normativity and desire-based reasons. This is important (...) for a number of reasons, but the most important reason is that this style of account can be extended to account for nearly all normativity—one notable exception being instrumental normativity itself. Success in the case of promises suggests a general reduction of normativity to conventions and instrumental normativity. But success in the cases of promises is already quite interesting and does not depend essentially the general claim about normativity. (shrink)

In this paper I look at the connection between willing and believing for Kant’s and Kantian ethics. I argue that the two main formulations of the categorical imperative are relativized to agents according to their beliefs. I then point out three different ways in which Kant or a present-day Kantian might defend this position. I conclude with some remarks about the contrast between Kant’s legal theory and his ethical theory.

In this paper, I defend the possible consent interpretation of Kant’s formula of humanity from objections according to which it has counterintuitive implications. I do this in two ways. First, I argue that to a great extent, the supposed counterintuitive implications rest on a misunderstanding of the possible consent interpretation. Second, I argue that to the extent that these supposed counterintuitive implications do not rest on a misunderstanding of the possible consent interpretation, they are not counterintuitive at all.

In Bencivenga’s “Consequences in Kantian Ethics,” he offers a version of Kant’s ethics according to which the most rational approach to living one’s life is “to always imagine what might follow from one’s moves and to choose moves accordingly” (284), but according to which agents always nevertheless must be modest in their judgments about what they ought to do because the actual consequences of their actions might not turn out as they imagined. In this way, he tries to foreground the (...) role of consequences in Kant's ethics. In this paper, I argue against Bencivenga and, in particular, against the idea that according to Kant, to determine whether an agent’s action is good we must wait for its consequences to unfold in time. (shrink)

In the following pages, the main proposal is to indicate how Max Weber has dialogued directly with some prerogatives from Kant’s Critic of practical Reason, following the reception of Wilhelm Windelband’s concept of “responsibility” (Verantwortlichkeit) and his theory of values. In sight of these influences, in this paper will be argued how Weber adherence to the neo-Kantian value concept has made possible a review on the categorical imperatives, which has turned his reading from Kantian philosophy to the proposal of an (...) antinomy between the ethic of conviction and the ethic of responsibility inside the Kantian moral maxims. -/- Nessa abordagem será proposto que a recepção de Max Weber do conceito de “responsabilidade” (Verantwortlichkeit) de Wilhelm Windelband, bem como sua revisão de certos elementos da filosofia dos valores neokantiana do sudoeste da Alemanha, permitiram que Weber estabelecesse um diálogo mais direto com os pressupostos de Kant em sua Crítica da razão prática. Em vista dessas influências, o presente artigo argumentará que a maneira como Weber revisa os imperativos categóricos direcionou sua compreensão da filosofia kantiana pelo conceito de “valores”, o permitindo ainda, propor a existência de uma antinomia entre a ética da convicção e da responsabilidade no interior das máximas morais kantianas. (shrink)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical reason, he (...) attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

Wide-scopers argue that the detachment of intuitively false ‘ought’ claims from hypothetical imperatives is blocked because ‘ought’ takes wide, as opposed to narrow, scope. I present two arguments against this view. The first questions the premise that natural language conditionals are true just in case the antecedent is false. The second shows that intuitively false ‘ought’s can still be detached even WITH wide-scope readings. This weakens the motivation for wide-scoping.

In this article we defend a moral conception of cosmopolitanism and its relevance for moral education. Our moral conception of cosmopolitanism presumes that persons possess an inherent dignity in the Kantian sense and therefore they should be recognised as ends?in?themselves. We argue that cosmopolitan ideals can inspire moral educators to awaken and cultivate in their pupils an orientation and inclination to struggle against injustice. Moral cosmopolitanism, in other words, should more explicitly inform the work that moral educators do. Real?world constraints (...) on moral action and the need to prioritise one?s sometimes conflicting responsibilities will often qualify cosmopolitan justice as supererogatory. This fact does not absolve persons from aspiring to see themselves as having the moral obligation to help others in need, while recognising that their factual obligations are more modest in being bound by what they are actually able to do. (shrink)

Stephen Finlay analyses ‘ought’ in terms of probability. According to him, normative ‘ought's are statements about the likelihood that an act will realize some (contextually supplied) end. I raise a problem for this theory. It concerns the relation between ‘ought’ and the balance of reasons. ‘A ought to Φ’ seems to entail that the balance of reasons favours that A Φ-es, and vice versa. Given Finlay's semantics for ‘ought’, it also makes sense to think of reasons and their weight in (...) terms of probability. In this paper, I develop such a theory of weight. It turns out, however, that it cannot explain the entailments. This leaves Finlay with a challenge: to explain these entailments in some other way consistent with his theory, or to show why the appearances deceive and there are no such entailments. (shrink)

Critical notice of Mark Schroeder's Slaves of the Passions.

A basic conviction in moral non-cognitivism is: only hypothetical norms may be justified. Hartmut Kliemt argues for a moderate variant: there are only hypothetical justifications of norms whether the norms are hypothetical or categorical in kind. In this paper the con- cept of ‘hypothetical justification’ is analyzed. It is argued that hypothetical justifications are not of the kind that we should look for in normative ethics.

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...) about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

Naturalism, as Binmore understands the term, is characterized by a scientific stance on moral behavior. Binmore claims that a naturalistic account of morality necessarily goes with the conviction “that only hypothetical imperatives make any sense”. In this paper it is argued that this claim is mistaken. First, as Hume’s theory of promising shows, naturalism in the sense of Binmore is very well compatible with acknowledging the importance of categorical imperatives in moral practice. Moreover, second, if Binmore’s own theory of moral (...) practice and its evolution is correct, then the actual moral practice does—and in fact must—incorporate norms, which have the form of a categorical imperative. Categorical imperatives are part of social reality and, therefore, any moral theory that adequately reflects moral practice must also include categorical imperatives. (shrink)

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