What is the function of morality—what is it all about? What is the basis of morality—what explains our moral agency and patiency? This essay defends a unique Kantian answer to these questions. Morality is about securing our independence from each other by giving each other equal discretion over whether and how we interact. The basis of our moral agency and patiency is practical reason. The first half addresses objections that this account cannot explain the moral patiency of beings who are (...) not also moral agents such as infantile, elderly, and infirm human beings and the other animals who are not moral agents. The second half argues that this account is preferable, on grounds of consistency with the basic Kantian account of the function and content of morality, to the familiar account of our moral patiency, popular especially though not exclusively with contemporary Kantians, in terms of the value of humanity. (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)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Philosophers traditionally interpret Kant as a retributivist, but modern interpreters, with reference to Kant’s theory of justice and problematic passages, instead propose penal theories that mix retributive and deterrent features. Although these mixed penal theories are substantively compelling and capture the Kantian spirit, their dual aspects lead to a justificatory conflict that generates an apparent dilemma. To resolve this dilemma and clear the ground for these mixed theories, I will outline and reinterpret Kant’s penal theory by situating it in his (...) broader moral and political philosophy. This move grounds the followability requirement, which is necessary to resolve the dilemma. (shrink)

A critical discussion of three recent monographs on Kantian ethics: Jens Timmermann's Kant's Will at the Crossroads, Barbara Herman's The Moral Habitat, and Mark Timmons' Kant's Doctrine of Virtue. I start by laying out some of the main claims of all three works, and then examine some of the main points of contention between them: principally, the issue of moral complexity, the derivation of duties, and the distinction between theoretical and practical reason. I conclude with some remarks on how the (...) insights of all three works might be fruitfully combined to advance the current state of thought on the structure and composition of the Kantian moral system, as well as on the sense in which it might be taken to parallel, or otherwise be related to, Kant's theoretical system. (shrink)

I offer a qualified defence of Kant’s natural teleological argument, that is, his inference from the (un)naturalness of an act to its (im)morality. Though I reject many of Kant’s conclusions, I think the form of argument he uses to support these conclusions is not as wrong-headed as it might at first appear. I consider and answer two objections: first, that the argument is inconsistent with Kant’s moral rationalism; and second, that the argument is inconsistent with post-Kantian developments in science. I (...) argue that both objections rest on a common mistake, namely, the assumption that the account of (human) nature on which Kant’s argument relies is theoretical. On the contrary, the relevant account is practical: informed by science, but not determined by it. Once we appreciate the practical character of Kant’s naturalism, we can see not only that Kant can be a naturalist and a rationalist, but contemporary Kantians can be as well. (shrink)

Should involuntarily childless people have the same opportunities to access parenthood as those who are not involuntarily childless? In the context of assisted reproductive technologies, affirmative answers to this question are often cashed out in terms of positive rights, including rights to third-party reproduction. In this paper, we critically explore the scope and extent to which any such right would hold up morally. Ultimately, we argue for a departure away from positive parental rights. Instead, we argue that the state has (...) an imperfect duty to benefit involuntarily childless people in relation to their parental aspirations. (shrink)

Global threats to academic freedom are multiplying not only in an era of authoritarian resurgence, but also – less overtly – in an era of increasingly managerial governance of higher‐education sectors in democratic nations, where protection of institutional revenue streams, and of institutional reputation, may take priority over protection of scholars' and students' academic freedoms. In such circumstances, justifications for rendering aid to at‐risk scholars and students have become obscured. This article argues that the Kantian concept of imperfect duty can (...) be adapted to theorizing collective, institutional obligations to aid those scholars and students, undertaken in light of academic freedom as a constitutive institutional value. (shrink)

Clinicians have good moral and professional reasons to contribute to pragmatic clinical trials (PCTs). We argue that clinicians have a defeasible duty to participate in this research that takes place in usual care settings and does not involve substantive deviation from their ordinary care practices. However, a variety of countervailing reasons may excuse clinicians from this duty in particular cases. Yet because there is a moral default in favor of participating, clinicians who wish to opt out of this research must (...) justify their refusal. Reasons to refuse include that the trial is badly designed in some way, that the trial activities will violate the clinician’s conscience, or that the trial will impose excessive burdens on the clinician. (shrink)

Is moral constructivism an account of the basis of the content of morality or of its authority? In fact, different writers have understood constructivism to be addressing different issues. In this paper I argue that Kant should be understood as a constructivist about the content of morality – or better about a limited set of general substantive principles – and as a constititutivist about its authority. After some general remarks in Section 1 about contemporary discussions of constructivism, in Section 2 (...) I discuss Rawls’s understanding of Kant’s constructivism; Rawls takes Kantian constructivism to be a view about the content of morality. In Section 3, I give an overview of Kant’s moral conception as constructivist about the content of morality and as constitutivist about its authority. In Section 4 I address a worry whether certain features of Kant’s constitutivism rest his constructivism on a realist foundation, arguing that they do not. (shrink)

Moral particularists and generalists alike have struggled over how to incorporate the role of moral salience in ethical reasoning. In this paper, I point to neglected resources in Kant to account for the role of moral salience in maxim formation: Kant's theory of reflective judgment. Kant tasks reflective judgment with picking out salient empirical particulars for formation into maxims, associating it with purposiveness, or intentional activity (action on ends). The unexpected resources in Kantian reflective judgment suggest the possibility of a (...) particularist universalism, where recalcitrant particulars directly inform, and in some cases revise, moral principles. Such an account improves on particularist accounts of moral salience and moral perception: rather than deriving moral sensitivity solely from an agent's upbringing or cultural resources, the reflective dimension is situated alongside the universalist dimension of moral principles typically identified with Kantian ethics, allowing for a critical approach both to moral universals and to the reception of moral particulars. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the ideal (...) of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

Ask most philosophers for an example of a moral rationalist, and they will probably answer “Kant.” And no wonder. Kant’s first great work of moral philosophy, Groundwork of the Metaphysics of Morals, opens with a clarion call for rationalism, proclaiming the need to work out for once a pure moral philosophy, a metaphysics of morals. That this metaphysics includes the first principle of ethics, the moral law, is obvious. But what about the second principles, particular moral laws, such as duties (...) of truthfulness, beneficence, etc.? Are these principles metaphysical too? Many have thought not, since they make essential use of empirical and anthropological considerations. I argue otherwise; the second principles are metaphysical and this matters. I do this by taking seriously the metaphysics of the metaphysics of morals—more specifically, by understanding the metaphysics of morals alongside the metaphysics of nature. For, qua metaphysics, both employ a common two-stage methodology, the first stage of which is wholly a priori but the second stage of which is partly empirical. As I explain, appreciating this common methodology sheds new light on how the second principles are to be established, as well as on the reach of Kant’s rationalism. (shrink)

According to the positive duties objection, it is not possible to derive positive duties from Kant’s Formula of Universal Law (FUL). However, in his recent “Deriving Positive Duties from Kant’s Formula of Universal Law”, Guus Duindam tries to answer this objection. More specifically, Duindam tries to show how both a duty of benevolence and a duty of self-perfection can be derived from the FUL. I critically examine Duindam’s arguments. I maintain that Duindam’s argument for the positive duty of benevolence is (...) ambiguous and that this ambiguity exposes him to a fatal dilemma: on one horn, Duindam faces the same objection that he concedes to be effective against other attempts to answer the positive duties objection; on the other horn, the procedure he recommends cannot be based on the FUL (because it does not evaluate actions on the basis of their corresponding maxims). In addition, I maintain that Duindam’s benevolence argument rests on a procedure that is, in general, intractable and, in this particular case, foredoomed (because it can be shown that there are no positive duties of the kind he tries to derive). From there, I turn to Duindam’s argument for the positive duty of self-perfection. I explain that Duindam’s derivation of the duty of self-perfection, even if successful, does not answer the positive duties objection. This is because Duindam never appeals to the FUL in his derivation of the duty of self-perfection (the derivation is based, rather, on instrumental reasoning from the second-order end to accomplish our first-order ends). I elaborate on this by comparing and contrasting Duindam’s argument with Oliver Sensen’s interpretation of how to apply the FUL in the latter’s recent “Universal Law and Poverty Relief”. (shrink)

Much philosophical work has examined both imperatival and non-imperatival forms of address that aim to motivate others to action. But one such kind of address has received relatively little attention: begging. This is partly surprising as begging, both as an individual act and as a widespread social practice, raises acute, yet difficult to articulate, moral and political concerns. In this paper, I identify a central form of the phenomenon which constitutively involves communicating one’s relative powerlessness as a means of motivating (...) one’s target to act. I argue that this form of begging is present in a number of cases that animate many of our pre-theoretic normative worries about begging. I argue that when begging of this kind is bad for the beggar herself, this is so because either (i) the invoked powerlessness is bad for the beggar and thereby gives the action a negative evaluative meaning, or (ii) the invoked powerlessness is good/neutral, but the act of begging precludes or replaces valuable ways of interacting that the parties have reasons to care about in the context. In a slogan, the badness of begging revolves around power and helplessness. (shrink)

This paper shows ways to develop, integrate, and transform Kant’s and Arendt’s theories on political evil into a unified Karendtian theory. Given the deep influence Kant had on Arendt’s thinking, the deep philosophical compatibility between their projects is not surprising. But the results of drawing on the resources left by both is exciting and groundbreaking with regard to both political evil in general and the challenges of modernity and totalitarianism in particular.

Theron Pummer's impressive new book The Rules of Rescue seeks to defend effective altruism without taking on the controversial moral theoretical commitments. Through an exploration of the framework of requiring reasons and permitting reasons that is the backbone of his argument, this article raises some doubts about how successful Pummer's strategy of avoidance can be.

In the Groundwork of the Metaphysics of Morals, Kant explains a perfect duty as one that “admits no exception in favor of inclination”. An imperfect duty must then, in turn, be one which does admit such exceptions. However, according to Kant, all duties are valid without exception, and so there has been broad agreement among Kantians and Kant interpreters from the beginning that perfect duties cannot be characterized by exceptionless validity. I would thus like to argue in favor of a (...) different reading of Kant’s explanation. My thesis is that he uses the term ‘exception’ in quite different ways, as can be documented, for instance, in the Metaphysics of Morals and the Critique of Pure Reason. The term then has another meaning, and this is also the case in the passage in question in the Groundwork. (shrink)