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The Empty Formalism Objection Revisited

In Thom Brooks (ed.), Hegel's Philosophy of Right. Chichester, West Sussex: Wiley-Blackwell. pp. 43–72 (1985)

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  1. Why Positive Duties cannot Be Derived from Kant’s Formula of Universal Law.Samuel Kahn - 2022 - Philosophia 50 (3):1189-1206.
    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 (...)
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  • Obligatory Actions, Obligatory Maxims.Samuel Kahn - 2021 - Kantian Review 26 (1):1-25.
    In this paper, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how the Formula (...)
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  • Why Humean constructivists should become Kantian constructivists.Sem de Maagt - 2019 - Philosophical Explorations 22 (3):280-293.
    One of the main reasons for philosophers to have embraced Humean constructivism rather than Kantian constructivism is a negative one: they believe that in the end Kantian constructivism is an unsta...
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  • Hegel's Complete Views on Crime and Punishment.Andrew Komasinski - 2018 - Journal of the American Philosophical Association 4 (4):525-544.
    In this article, I argue that Hegel's complete and mature view of crime and punishment is more robust than many interpretations of the Unrecht passage in the ‘Abstract Right’ section of Hegel's Elements of the Philosophy of Right suggest. First, I explain the value of revisiting the interpretation of Hegel as a simple retributionist in the contemporary debate. Then, I look at Hegel's treatment of crime and punishment in the section on abstract right to show the role of punishment in (...)
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