This article will provide an illustration of Max Weber’s theory of rationalization with a specific impetus on its interdependency with the development of capitalism. Following Horkheimer, I shall critically draw on Weber to outline a theory of human freedom, showing that rationalization not only implies economic and social liberation but entails a totalizing tendency that invades all spheres of socio-political life including people’s mental infrastructure. This mental colonization can be framed as a process of substituting value rationality with instrumental rationality. (...) I will claim that this substitution can be understood as an impediment for human freedom. Following contemporary theories of action, I will show the centrality of value orientation for understanding human freedom. Therefore, I propose a critical theory of freedom that centers value rational action as realization of freedom and can be understood as emancipative. (shrink)

This chapter argues that the distinction between ambitious and modest transcendental arguments, developed and deployed by various authors in the wake of Stroud’s influential critique of transcendental reasoning, may be pointless when applied to transcendental arguments from performative inconsistency that have moral statements as their conclusions. If moral truth is assertorically constrained, then any modest moral transcendental argument from performative inconsistency can be converted into an ambitious moral transcendental argument. The chapter provides an account of performative inconsistency and suggests an (...) alternative to the widespread reading of transcendental conditionals in terms of an ‘if-then’-sentences whose antecedents express a proposition to the effect that some x is possible and whose consequents express a statement to the effect that some y is actual. (shrink)

An influential strand in recent action-theory employs constitutivist arguments in order to present accounts of individual agency and practical identity. I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self-constituting action and identity-formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of (...) individuals' self-conceptions qua agents. More specifically, this argumentative strategy allows a reassessment of Fuller's “internal morality of law.” Whereas, pace Fuller, morally substantive conclusions cannot be derived from formal criteria of legality, there are unconditional normative requirements that constrain law. (shrink)

Can we find propositions that cannot rationally be denied in any possible world without assuming the existence of that same proposition, and so involving ourselves in a contradiction? In other words, can we find transworld propositions needing no further foundation or justification? Basically, three differing positions can be imagined: firstly, a relativist position, according to which ultimately founded propositions are impossible; secondly, a meta-relativist position, according to which ultimately founded propositions are possible but unnecessary; and thirdly, an absolute position, according (...) to which such propositions are necessary. In this short essay I show that under the premise of modal logic S5 with constant domain there are ultimately founded propositions and that their existence is even necessary, and I will give some reasons for the superiority of S5 over other logics. (shrink)

In this paper, I present different ways in which transcendental argumentation has been used in contemporary debates in moral philosophy to justify the normative authority of morality. My aim is to defend strong “retorsive” transcendental argumentation as a way to ground a sort of critical realism in metaethics, comparing transcendental arguments proposed by Karl-Otto Apel, Christine Korsgaard and Alan Gewirth – which are sometimes referred to as “constitutivist” arguments. In particular, I endorse an argumentative strategy that considers the merits of (...) the respective positions while overcoming the limits of each. Such a strategy aims at grounding transcendentally the metaphysical fact of human value, making explicit the ontological implications of transcendental argumentation, and showing that a justification of fundamental values alone can ultimately make it possible to ground basic moral principles. (shrink)

ZusammenfassungIn this article, I defend a version of moral constitutivism that is based on a theory of goods. It is inspired by ancient philosophy both in claiming that action theory should be formulated in teleological terms and in the idea that a sound theory of goods should be a eudaemonist one. Additionally I argue that morality can be understood on the basis of such an approach.

Ever since the introduction of reflective equilibrium in ethics, it has been argued that reflective equilibrium either leads to moral relativism, or that it turns out to be a form of intuitionism in disguise. Despite these criticisms, reflective equilibrium remains the most dominant method of moral justification in ethics. In this paper, I therefore critically examine the most recent attempts to defend the method of reflective equilibrium against these objections. Defenders of reflective equilibrium typically respond to the objections by saying (...) that either reflective equilibrium can in fact safeguard moral objectivity or alternatively, even if it cannot, that there simply are no reasonable alternatives. In this paper, I take issue with both responses. First, I argue that given the non-foundationalist aspirations of reflective equilibrium, moral objectivity cannot be maintained. Second, I argue that reflective equilibrium is not the only game in town once intuitionism has been discarded. I argue that given their own normative ambitions, combined with their rejection of intuitionism, proponents of reflective equilibrium have reason to take alternative methods of moral justification, and more specifically transcendental arguments, more seriously than they have done so far. I end by sketching the outlines of what this alternative methodology might look like. (shrink)

Most Kantian constructivists try to ground universal duties of interpersonal morality in certain interactions between individuals, such as communication, argumentation, shared action or the second-person standpoint. The goal of this paper is to present these, which I refer to as arguments from the second-person perspective, with a dilemma: either the specific kind of interaction that is taken as a starting point of these arguments is inescapable, but in that case the argument does not justify a universal principle of interpersonal morality. (...) Or interaction does have a principle of interpersonal morality among its necessary conditions of possibility, but such forms of interactions are merely optional. I argue that proponents of arguments from the second-person perspective have failed to provide a convincing response to this dilemma and that this failure is systematic. This suggests that the success of Kantian constructivism depends on the success of arguments from the first person. (shrink)

Constitutivism aims to justify substantial normative standards as constitutive of practical reason. In this way, it can defend the constructivist commitment to avoiding realism and anti-realism in normative disciplines. This metaphysical debate is the perspective from which the nature of the constitutivist justification is usually discussed. In this paper, I focus on a related, but distinct, debate. My concern will not be whether the substantial normative claims asserted by the constructivist have some elements, which are not constructed, but real, given (...) independently from us; instead, my concern will be more narrowly epistemic – whether those claims can be derived from premises, which are normatively less substantial than the normative conclusions themselves. I focus on Korsgaard’s transcendental articulation of the constitutivist argument. I conclude that more work would need to be done, in order for this argument to function as intended. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

In his Encyclopedia, the late Hegel makes the highest demands on truth and justification from the first paragraph onward. With this, Hegel takes up the skeptical challenge and believes that he can overcome this problem. However, it is not easy to see how Hegel tries to meet this challenge in the Science of Logic, which plays a fundamental role in Hegel’s encyclopedic project. The present article argues that the question of the justification of the claim to truth is a fruitful (...) perspective for the interpretation of the Science of Logic. For this purpose Hegel’s answer to the Agrippan Trilemma is examined, which P. Franks analyzed as a basic problem for Classical German Philosophy. One possible interpretation of Hegel sees him solving the skeptical trilemma at the beginning of the Logic. The article argues against this possibility that the Logic of the Concept contains Hegel’s actual solution. This solution consists in that the concept represents the principle of logic and that the concept itself must be presented in the form of an apagogical argument. Finally, the article gives a reason why Hegel sees an analogy to the ontological argument in this attempt of an ultimate justification. (shrink)

Abstract: This article defends a controversial metaphilosophical thesis: it is not immediately obvious that "the best argument wins" in philosophy. Certain philosophical views, for example, extremely controversial ethical positions, may be intolerable and impossible to take seriously as contributions to ethical discussion, irrespective of their argumentative merits. As a case study of this metaphilosophical issue, the article discusses David Benatar's recent thesis that it is, for everyone, harmful to exist. It is argued that ethical and cultural "unthinkabilities" set limits to (...) philosophical reasoning that even the most insightful arguments cannot transcend. (shrink)

This paper analyses the relatively neglected topic of hierarchy in the philosophical foundation of human rights. It develops a transcendental-discursive approach. This approach develops the idea that all human rights could be derived from a small set of fundamental rights that are interconnected and that incorporate all ulterior possible specific rights. This set is then applied to an analysis of human rights as they have been formulated in the Universal Declaration of Human Rights. The claim is that this prior set (...) of transcendental rights is discursively implied whenever we talk about human rights. Thinking about the hierarchy of rights pragmatically means thinking about prioritising their implementation. Some consequences for practical philosophy and politics concerning the role of states, enterprises and world citizenship are then discussed. (shrink)

Realism has been a central object of attention among analytical philosophers for some decades. Starting from analytical philosophy, the return of realism has spread into other contemporary philosophical traditions and given birth to new trends in current discussions, as for example in the debates about “new realism.” Discussions about realism focused on linguistic meaning, epistemology, metaphysics, theory of action and ethics. The implications for politics of discussion about realism in action theory and in ethics, however, are not much discussed.