Perfect and Imperfect Duties

In her Descartes Lectures, Cheshire Calhoun argues that “responsible person” is a valuable cross-temporal status assigned by default to fellow social participants. Responsible persons, on Calhoun’s proposal, are (i) accountable, (ii) compliant with at least basic normative expectations, and (iii) disposed to take responsibility—to promote good ends in ways that are not normatively expected. The third component in particular goes beyond what is standardly discussed in debates about moral responsibility, where the relation to what is normatively expected is central. In (...) the main part of my commentary, I outline what I take to underlie normative expectations related to predictively expected acts of promoting good ends. These normative expectations are structured by pro tanto obligations to help, by evaluative autonomy, and by what I call “balancing norms,” which call on us to care about giving people and certain other values a certain comparative weight over time. Once we take this structure into account, I suggest, it is doubtful that people are assumed by default to be responsibility takers in Calhoun’s sense: what we predictively expect is also normatively expected. In addition, I propose a way of nevertheless making good on Calhoun’s suggestion that accountability, compliance responsibility, and contributions to the common good that merit gratitude are all aspects of responsibility. Finally, I suggest that what positive reactive attitudes reveal about their targets is not that they are responsibility takers, but that they are weight-givers subject to balancing norms. (shrink)

I argue that Kant’s Categorical Imperative should be applied to individual maxim tokens rather than abstract maxim types. The article is divided into five sections. In the first, I explain my thesis. In the second, I show that my thesis disagrees with Rawls. In the third, I argue for my thesis on the basis of the wording of the Categorical Imperative and on the basis of considerations about autonomy. In the fourth, I argue for my thesis on the basis of (...) considerations about the ‘ought implies can’ principle. In the fifth, I provide a summary of the main argumentative moves and also explain some of the philosophical advantages of my thesis. (shrink)

This article will be based on the concept of respect which is one of the keystone concepts of moral philosophy by Immanuel Kant who is one of the most important philosophers of the history. The Groundwork of the Metaphysics of Morals and Critique of Practical Reason by Kant will be the works to be based on throughout the article. The form of morality of the human who is a social being will be considered by means of the concepts of respect (...) and obligation which are found in these works. Respect which is a principle determines the person for the relation constituted within the realm of common will be discussed by means of its necessity and certainty linked to duty and obligation. The difference by means of context and extent between respect and love which are two basic facts of social life will be pointed out. The formal aspect of Kantian ethics and the morality of law revealed by pure reason, independent of natural causality, constitute the basis of harmonious social structuring. The indispensable importance of the form of Kant's philosophy today, with its moral formula that will continue its currency against the lack of morality, dignity and respect, the necessity of which is clearly revealed in the suffocation of the capitalist system of exploitation, has been the motivation for the disintegration in question. Throughout the study, the basic lines of Kant's ethics will be examined and at the same time, an attempt will be made to shed light on some of today's ethical problems based on these ideas. (shrink)

This chapter has two main sections. In the first section I briefly sketch Immanuel Kant’s moral theory as laid out in his Groundwork of the Metaphysics of Morals (1785). I explain Kant’s claim that morality must be grounded on what he calls a categorical imperative and examine his three formulations of this categorical imperative. In the second section I explain the distinction between “deontological” and “teleological” ethical theories. Kantian ethics is often presented as the paradigm example of a deontological ethical (...) theory, but I question whether Kant’s ethics should be understood as purely deontological. (shrink)

According to the objection from positive duties, Kant's Formula of Universal Law is flawed because it cannot be used to derive any affirmative moral requirements. This paper offers a response to that objection and proposes a novel way to derive positive duties from Kant's formula. The Formula of Universal Law yields positive duties to adopt our own perfection and others’ happiness as ends because we could not rationally fail to will those ends as universal ends.

In this paper, I argue that Kant gives a philosophically plausible derivation of the general duty of benevolence and that this derivation can be used to show how to derive other general duties of commission with the universalizability tests.The paper is divided into four sections. In the first, I explain Kant’s notion of a general duty. In the second, I introduce the universalizability tests. In the third, I examine and argue against an account in the secondary literature of how to (...) derive general duties from these tests. In the fourth, I look at Kant’s derivation of the duty of benevolence in the Metaphysics of Morals, and I suggest how this reasoning can be extended to other duties. (shrink)

The Discourse of Universalism , Moral Relativism & Utilitarianism Table of Contents: Chapter 1. Moral relativism: history and theory of moral relativism: Ancient Greece and Early Modern Era Chapter 2. Universalism and Relativism Chapter 3. Hume's Universalism Chapter 4. Plato's Universalism Chapter 5. Problems with Rawls Theory Chapter 6. Aristotle's Relativism Chapter 7. Is Aristotle an ethical relativist? Chapter 8. John Stuart Mill's Utilitarianism Chapter 9. Mill and Principle of Utility Chapter 10. Kant and Moral Theory The historian Herodotus gives (...) the anecdote of Darius, King of Persia, who summoned the Greeks and asked them if they would be willing to eat the bodies of their dead fathers. They replied they would not for any money in the world. Later, Darius asked some Indians of the tribe called Callatiae, who do eat their dead parents’ bodies, if they would ever consider burning the bodies, as was the custom among Greeks. “One can see by this what custom can do” writes Herodotus. He draws the conclusion that this story vindicates the view some acts may be right for some and wrong for others, depending on their individual conceptions of morality. The Sophists were also associated with relativistic thinking, notably Protagoras who asserts that “man is the measure of all things”. However, this view was quite uncommon and moral relativism hardly flourished, as Plato and Aristotle both defended forms of moral absolutism. Ancient Greek philosophers acknowledged moral diversity, but more often under the form of moral scepticism, which states that there is no moral knowledge (rather than moral truth is relative to a culture). (shrink)

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or to adopt maxims) cannot. The (...) paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (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.

In this paper I argue that there would be no obligatory maxims if the only standards for assessing maxims were Kant’s universalizability tests. The paper is divided into five sections. In the first, I clarify my thesis: I define my terms and disambiguate my thesis from other related theses for which one might argue. In the second, I confront the view that says that if a maxim passes the universalizability tests, then there is a positive duty to adopt that maxim; (...) I also confront a close relative of this view. In the third, I confront the view that says that if a maxim does not pass the universalizability tests, then there is a positive duty to adopt the contradictory of that maxim. In the fourth, I confront two variations of the view that says that if a maxim does not pass the universalizability tests and an agent is deliberating about the action in the maxim, then the agent has a positive duty to adopt the contrary of that maxim. In the fifth, I confront the view that says that if an agent has adopted a maxim of ends, then the agent has a positive duty to universalize that end. I then wrap up the paper with some concluding remarks. (shrink)

The purpose of this paper is to show that, if Kant’s universalization formulations of the Categorical Imperative are our only standards for judging right from wrong and permissible from impermissible, then we have no obligations. I shall do this by examining five different views of how obligations can be derived from the universalization formulations and arguing that each one fails. I shall argue that the first view rests on a misunderstanding of the universalization formulations; the second on a misunderstanding of (...) the concept of an obligation; the third on a misunderstanding of the concept of a maxim; the fourth on a misunderstanding of the limits of action description; and the fifth on a misunderstanding of the universalization formulations again. (shrink)

This open access book revises Kant’s ethical thought in one of its most notorious respects: its exclusion of animals from moral consideration. The book gives readers in animal ethics an accessible introduction to Kant’s views on our duties to others, and his view that we have only ‘indirect’ duties regarding animals. It then investigates how one would have to depart from Kant in order to recognise that animals matter morally for their own sake. Particular attention is paid to Kant’s ‘Formula (...) of Humanity,' the role of autonomy and the moral law, as well as Kant’s notions of practical reason and animal instinct. The result is a deliberately amended version of Kantianism which nevertheless remains faithful to central aspects of Kant’s thought. The book’s final part illustrates the framework’s use in applied contexts, addressing the issues of using animals as mere means, the ethics of veganism and vegetarianism, and environmental protection. Nico Dario Müller shows how, when furnished with duties to animals, Kant's moral philosophy can be a powerful resource for animal ethicists. (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)

My goal in this piece is to show that there is a problem lurking in the shadows of recent attempts to derive positive duties from Kant’s so-called universalizability tests and, further, to show that the most obvious way of fixing these attempts renders them unable to fulfill their function. I shall begin by motivating and explaining such an attempt.

In this book chapter I argue that contrary to what is said by Paul Guyer in Kant (Routledge, 2006) Kant's moral philosophy prohibits the bystander from throwing the switch to divert the runaway trolley to a side track with an innocent person on it in order to save more people who are in the path of the trolley in the "Trolley Problem" case made famous by Judith Jarvis Thomson (1976; 1985). Furthermore, Thomson herself (2008) came to agree that it would (...) be wrong to throw the switch, just as it is wrong to push the person off the bridge to stop the trolley (1976; 1985). In changing her mind about this case, Thomson came to agree with Kant as well as with Philippa Foot (1967) who argued in her original paper that a negative duty not to harm one healthy patient outweighed a positive duty to give aid to five other patients by transplanting the healthy person's organs. (shrink)

Recent years have seen a surge of interest in the question of whether humans should reproduce. Some say human life is too punishing and cruel to impose upon an innocent. Others hold that such harms do not undermine the great and possibly unique value of human life. Tracing these outlooks historically in the debate has barely begun. What might philosophers have said, or what did they say, about human life itself and its value to merit reproduction? This article looks to (...) Kant, who wrote much on whether, by reproducing, humans do wrong or right morally. It assesses two main arguments: one examining whether perfect or imperfect duties condone reproduction, the other whether Kant’s teleological or, in the opposite sense, his eschatological outlooks can salvage reproduction. These two arguments are essential for building the entire argument. This article finds that, although Kant’s arguments against reproducing are strong, some of his writing seems to support reproduction as a good. Yet, must we must assume an author, even one who strove for systematicity, must be consistent over his entire oeuvre on every issue, especially if not handled directly in a single work? The article concludes that Kant does not sufficiently, systematically support anti-natalism as more moral than pro-natalism. It is best for the current debate to grapple with the very dilemma that daunted Kant. (shrink)

Kant’s notion of (what I will call) rational sympathy solves a problem about how we can voluntarily fulfill our imperfect duty to adopt those ends of others which have value only because they have been set by rational agents, ends which I will refer to as merely permissible ends (MPEs). Others’ MPEs are individuated in terms of their own concepts of their MPEs, and we can only adopt their MPEs in terms of their concepts, since to adopt them in terms (...) of different concepts would be to adopt different ends. Others’ concepts of their MPEs may contain marks of the first person, and should contain no marks of law apart from permissibility. Rational sympathy allows us to adopt ends individuated in terms of concepts with marks of these kinds because rational sympathy allows us to voluntarily adopt others’ first-person perspectives in imagination, and to voluntarily shape our contingent feelings so that such concepts motivate us despite their underdetermination by law. (shrink)

Fiona Woollard argues that when one is personally involved in an emergency, one has a moral requirement to make substantial sacrifices to aid others that one would not otherwise have. She holds that there are three ways in which one could be personally involved in an emergency: by being physically proximate to the victims of the emergency; by being the only person who can help the victims; or by having a personal encounter with the victims. Each of these factors is (...) claimed to be defeasibly sufficient to ground personal involvement, and thus a requirement of substantial sacrifice to aid. Woollard defends this view on the basis of a number of cases. We show that Woollard’s cases contain various confounding factors. In view of the more precisely drawn cases offered here, it is clear that neither proximity nor uniqueness nor personal encounter is intuitively defeasibly sufficient in the way Woollard claims. (shrink)

We discuss Kant’s conception of beneficence against the background of the overdemandingness debate. We argue that Kant’s conception of beneficence constitutes a sweet spot between overdemandingess and undemandingess. To this end we defend four key claims that together constitute a novel interpretation of Kant’s account of beneficence: 1) for the same reason that we are obligated to be beneficent to others we are permitted to be beneficent to ourselves; 2) we can prioritise our own ends; 3) it is more virtuous (...) to do more rather than less when it comes to helping others; and 4) indifference to others is vicious. Finally, we explain how this represents a system of duties that gives our personal ends a moral standing without unacceptably moralising them. (shrink)

It has become common, following Stephen Darwall’s “Two Kinds of Respect” (1977), to distinguish between “appraisal respect” and “recognition respect.” I propose, rather, to distinguish between hierarchical and egalitarian respect. The way the two meanings interact and the way they either support or contrast with each other have yet to be made clear. The meanings gathered under the broad rubric of respect can be highlighted by a genealogy that convincingly shows that the hierarchical notion is fundamental and that the definition (...) of an egalitarian meaning is a decisive shift made mainly by the Enlightenment movement, particularly by Kant. Furthermore, the notion of respect is currently being extended beyond persons—to animals, other living beings, and the environment. I argue that we can justifiably do so on the basis of the interaction between the hierarchical and egalitarian notions of respect. (shrink)

The future rests under the sign of technology. Given the prevalence of technological neutrality and inevitabilism, most conceptualizations of the future tend to ignore moral problems. In this paper we argue that every choice about future technologies is a moral choice and even the most technology-dominated scenarios of the future are, in fact, moral provocations we have to imagine solutions to. We begin by explaining the intricate connection between morality and the future. After a short excursion into the history of (...) Artificial Intelligence, we analyse two possible scenarios, which show that building the future with technology is, first and foremost, a moral endeavor. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays some ambivalence. (...) Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

Kant uses ‘wish’ as a technical term to denote a strange species of desire. It is an instance in which someone wills an object that she simultaneously knows she cannot bring about. Or in more Kantian garb: it is an instance of the faculty of desire’s (or will’s) failing insofar as a desire (representation) cannot be the cause of the realization of its corresponding object in reality. As a result, Kant originally maintained it to be antithetical to morality, which deals (...) with ‘ought implies can’. However, Kant’s notion of wish is not static. On the contrary, I argue in this article that Kant re-evaluated the capacity to wish as (to some extent) causally efficacious and, further, of moral relevance. This re-evaluation has not been discussed in the literature, yet has been lurking in plain sight in a subtle but decisive shift evident in two versions of a footnote from the *Critique of the Power of Judgement* (KU). (shrink)

In this volume Paul Formosa sets out a novel approach to Kantian ethics as an ethics of dignity by focusing on the Formula of Humanity as a normative principle distinct from the Formula of Universal Law. By situating the Kantian conception of dignity within the wider literature on dignity, he develops an important distinction between status dignity, which all rational agents have, and achievement dignity, which all rational agents should aspire to. He then explores constructivist and realist views on the (...) foundation of the dignity of rational agents, before developing a compelling account of who does and does not have status dignity and of what kind of achievement dignity or virtue we, as vulnerable rational agents, can and should strive for. His study will be highly valuable for those interested in Kant's ethical, moral and political philosophies. (shrink)

On what I take to be the standard account of supererogation, an act is supererogatory if and only if it is morally optional and there is more moral reason to perform it than to perform some permissible alternative. And, on this account, an agent has more moral reason to perform one act than to perform another if and only if she morally ought to prefer how things would be if she were to perform the one to how things would be (...) if she were to perform the other. I argue that this account has two serious problems. The first, which I call the latitude problem, is that it has counterintuitive implications in cases where the duty to be exceeded is one that allows for significant latitude in how to comply with it. The second, which I call the transitivity problem, is that it runs afoul of the plausible idea that the one-reason-morally-justifies-acting-against-another relation is transitive. What’s more, I argue that both problems can be overcome by an alternative account, which I call the maximalist account. (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several proposals (...) as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

Forgiveness is clearly an important aspect of our moral lives, yet surprisingly Kant, one of the most important authors in the history of Western ethics, seems to have very little to say about it. Some authors explain this omission by noting that forgiveness sits uncomfortably in Kant’s moral thought: forgiveness seems to have an ineluctably ‘elective’ aspect which makes it to a certain extent arbitrary; thus it stands in tension with Kant’s claim that agents are autonomous beings, capable of determining (...) their own moral status through rational reflection and choice. Other authors recognise that forgiveness plays a role in Kant’s philosophy but fail to appreciate the nature of this duty and misrepresent the Kantian argument in support of it. This paper argues that there is space in Kant’s philosophy for a genuine theory of forgiveness and hopes to lay the grounds for a correct interpretation of this theory. I argue that from a Kantian perspective, forgiveness is not ‘elective’ but, at least in some cases, morally required. I claim that, for Kant, we have an imperfect duty of virtue to forgive repentant wrongdoers that have embarked on a project of self-reflection and self-reform. I develop a novel argument in support of this duty by drawing on Kant’s theory of rational agency, the thesis of radical evil, Kant’s theory of moral development, and the formula of humanity. However, it must be noted that this is a conditional duty and Kant’s position also entails that absence of repentance on the part of the wrongdoer should be taken as evidence of a lack of commitment to a project of self-reflection and self-reform. In such cases, Kant claims, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. I argue that this duty should be understood as one of the duties of self-esteem, which involves the duty to respect and recognise our own dignity as rational beings. (shrink)

Kant's view that we have only indirect duties to animals fails to capture the intuitive notion that wronging animals transgresses duties we owe to those animals. Here I argue that a suitably modified Kantianism can allow for direct duties to animals and, in particular, an imperfect duty to promote animal welfare without unduly compromising its core theoretical commitments, especially its commitments concerning the source and nature of our duties toward rational beings. The basis for such duties is that animal welfare, (...) on my revised Kantian view, is neither a conditioned nor unconditioned good, but a final and nonderivative good that ought to be treated as an end-in-itself. However, this duty to promote animal welfare operates according to a broadly consequentialist logic that both accords well with our considered judgments about our duties to animals and explains differences between these duties and duties owed to rational agents. (shrink)

There is virtually no philosophical consensus on what, exactly, imperfect duties are. In this paper, I lay out three criteria which I argue any adequate account of imperfect duties should satisfy. Using beneficence as a leading example, I suggest that existing accounts of imperfect duties will have trouble meeting those criteria. I then propose a new approach: thinking of imperfect duties as duties held by groups, rather than individuals. I show, again using the example of beneficence, that this proposal can (...) satisfy the criteria, explaining how something can both have the necessity characteristic of duty, while also allowing agents the latitude which seems to attach to imperfect duties. (shrink)

In a cryptic passage of the "Doctrine of Virtue" (§ 23), Kant underscores the relation between the two kinds of ethical duties to others, which he calls duties of love and duties of respect. The paper will explore the issues concerning this relation, and try to clarify the meaning of it for Kant’s overall account of the duties towards others. I suggest that (1) Kant thereby highlights the role of a previously unconsidered class of duties, and highlights that that novelty (...) changes the traditional picture of other-regarding morality. (2) Most importantly, Kant shows that through their reciprocal connection both duties of love and duties of respect can be related to the obligatory end of the happiness of others. (shrink)

A commentary on Sections XII–XVI of the “Introduction to the Doctrine of Virtue”.

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)

In this article, I argue that there is no discrepancy between Kant's Doctrine of Right (The Metaphysics of Morals) (1797), which legally permits lies that do not deprive someone of their rights or property, and his On a Supposed Right to Lie from Love of Humanity (1797), which argues that it would be a crime to lie to a murderer about the whereabouts of the innocent person he is pursuing.

In this paper I argue that, in addition to having an obligation to resist the oppression of others, people have an obligation to themselves to resist their own oppression. This obligation to oneself, I argue, is grounded in a Kantian duty of self-respect.

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...) bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

In this article I address the neglected question of what kind of act keeping a secret is, and what Kant had to say about secret keeping. First, I provide a definition of keeping a secret, improving upon Sissela Bok's definition. I distinguish between keeping a secret and deception, incorporating Thomas Nagel. Then, I discuss what Kant had to say about keeping a secret, and advance an Kantian argument for the moral permissibility of secret-keeping.

In this chapter I argue that there are three different senses of 'lie' in Kant's moral philosophy: the lie in the ethical sense (the broadest sense, which includes lies to oneself), the lie in the 'juristic' sense (the narrowest sense, which only includes lies that specifically harm particular others), and the lie in the sense of right (or justice), which is narrower than the ethical sense, but broader than the juristic sense, since it includes all lies told to others, including (...) those who are bent on harming innocent others. (shrink)

In her influential book, The Practice of Moral Judgment, Barbara Herman argues that Kantian ethics requires a “middle theory” applying formal rational constraints on willing to the particular circumstances and nature of human existence. I claim that a promising beginning to such a theory can be found in Kant’s discussion of duties of virtue in The Metaphysics of Morals. I argue that Kant’s distinction between perfect and imperfect duties of virtue should be understood as a distinction between duties concerned with (...) respect for necessary conditions of moral health and moral prosperity in sensibly affected human agents who realize their moral nature only through the development and continuing exercise of inner freedom. Thus understood, perfect duties prohibiting self-deception, miserly avarice, and humility are oriented around concerns with the conditions of rational self-constraint in human agents and are contrasted with imperfect duties requiring the development of our talents and the perfection of our moral disposition concerned with the effective exercise of this kind of inner freedom in choice and action. Generalizing this account, I claim that it allows us to accommodate the range of duties that Kant discusses here including perfect duties owed to others prohibiting arrogance, defamation, and ridicule and imperfect duties enjoining gratitude and beneficence and suggests a much more subtle and promising account of moral duty than those typically associated with Kant’s view. (shrink)

Short survey of philosophical literature on the definition of lying and the ethics of lying.

-- Immanuel Kant (Kant 1990, p. 46/429) The idea that our most basic duty is to treat each other with respect is one of the Enlightenment’s greatest legacies and Kant is often thought to be one of its most powerful defenders. If Kant’s project were successful then the lofty notion that humanity is always worthy of respect would be vindicated by pure practical reason. Further, this way of defending the ideal is supposed to reflect our autonomy, insofar as it is (...) always one’s own reason that demands that one treat humanity with respect. In this article, I consider what I take to be one of the most important and compelling attempts to defend the Kantian project. I draw the disappointing conclusion that this attempt does not succeed. The reasons this attempt fails shed some light on the difficulties facing any attempt to defend the Kantian project. (shrink)

Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. This discovery is important for at least three (...) reasons: first, it elucidates the relationship among the various conceptions of autonomy employed by personal-autonomy theorists and contemporary Kantians; second, it brings to the surface previously unnoticed or undernoticed features of Kant’s moral theory; and third, it provides an essential line of defense against certain critiques of contemporary Kantian theories, especially that of John Rawls. (shrink)

Drawing on an analysis of the distinction between perfect and imperfect duties suggested by The Metaphysics of Morals, I argue that Kant’s Categorical Imperative (CI) requires that maxims be universalizable in the sense that they can be regarded as universal laws consistent with the integrity and effective exercise of rational agency. This account, I claim, has a number of advantages over Korsgaard’s practical contradic-tion interpretation of the CI both in terms of the criteria of assessment that Korsgaard uses and in (...) those of broader textual considerations. (shrink)