This article focuses on the ethics of payday lending. We present information about the payday lending industry, a range of legal and best practices guidelines for the industry, and finally our own presentation of the most appropriate practices to be used to satisfy both legal and ethical edicts. This effort is made with the hope that business people in general, professionals in the payday lending industry, lawmakers, educators, and even potential consumers may benefit by understanding the driving economic, legal, and (...) social guidelines that can make payday lending services a positive and efficacious addition to our lending industries. (shrink)

In this paper I do three things. Firstly, I defend the view that in his most familiar arguments about morality and the theological postulates, the arguments which appeal to the epistemological doctrines of the first Critique, Kant is as much of a fictionalist as anybody not working explicitly with that conceptual apparatus could be: his notion of faith as subjectively and not objectively grounded is precisely what fictionalists are concerned with in their talk of nondoxastic attitudes. Secondly, I reconstruct a (...) logically distinct argument to a fictionalist conclusion which I argue Kant also gives us, this time an argument to the conclusion that it is a good thing if our commitment to the existence of God is nondoxastic. And finally, I argue that this argument is of continuing interest, to Kantians and non-Kantians alike, not only because it raises interesting questions about the relation of morality to belief in God (which go in the opposite direction to most discussions, which focus on whether and to what extent belief in God can be an aid to morality), but also because this ‘Moral Hazard Argument’ seems to be available to religious realists and non-realists alike, thus suggesting that religious fictionalism is not by any means just an interesting version of religious non-realism. (shrink)

Freedom can be seen as individual’s capacity to choose between alternatives. As such, it stands in a dialectical relationship to its environment that both imposes constraints on freedom and allows carrying it out. Yet if we see liberty as freedom’s social accommodation, how would freedom shape liberty, and how would liberty accommodate freedom? As a capacity for choice, freedom is formal. Negative liberty, or freedom from, protects this capacity yet does not give it content. To make freedom meaningful, its societal (...) accommodation has ensure that the choice can be carried out – in terms of accessing alternatives, understand them, and making informed choices. The paper, using the tools provided by the Hegelian philosophy and by information theory, explores the concept of liberty as an enabler of freedom and the role of knowledge in its enablement. This exploration leads us to specific positive rights that are necessary to make freedom meaningful. (shrink)

Summary A good deal of the late-twentieth-century commentary on Kant's ‘Perpetual Peace’ essay accepted its author's view that his conception of cosmopolitan justice had superseded the law of nations, some of whose leading exponents—Grotius, Pufendorf, and Vattel—Kant characterised as ‘miserable comforters’. Focusing on the case of Vattel, in this paper I begin to subject Kant's claim to an historical investigation, asking whether his ‘Perpetual Peace’ did indeed supersede Vattel's Law of Nations in terms of the actual uses of the texts (...) in a variety of historical contexts. In pointing to an array of evidence against Kant's widely accepted claim, I develop a different and more historical way of assessing the relation between the two writers. Kant, I argue, should be approached as a political metaphysician whose conception of cosmopolitan justice formed part of a factional theological and philosophical attack on the law of nations tradition. Vattel, however, was a diplomatic official whose text operates within the horizon of the European state ensemble and functioned as a summative abstraction of a wide variety of post-Westphalian public-law treaties and diplomatic rules and conventions. This accounts for the wide distribution, use, and influence of Vattel's work in a variety of Anglophone contexts from the late eighteenth century through to the end of the nineteenth, where Kant's text was marginal to discussion. (shrink)

Schopenhauer presents his moral philosophy as diametrically opposed to that of Kant: for him, pure practical reason is an illusion and morality can arise only from the feeling of compassion, while for Kant it cannot be based on such a feeling and can be based only on pure practical reason. But the difference is not as great as Schopenhauer makes it seem, because for him compassion is supposed to arise from metaphysical insight into the unity of all being, thus from (...) pure if theoretical reason, while for Kant pure practical reason works only by effecting a feeling of respect (in the works) or by cultivating, i.e. affecting, natural dispositions to moral feeling (in the works). I argue that Kant's is the more realistic theory on this point. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...) be commensurate to the preceding criminal message, so that the offender can face up to the nature and significance of his crime. All murders are not the same. To measure up to the most evil and humanity-degrading murderous message, capital punishment should be the counter-message. Next, I argue that capital punishment does not necessarily violate human dignity. The death penalty and torture may both disrupt human dignity, yet in distinct ways. The death penalty terminates life, the vessel that holds together autonomy, while torture directly assaults autonomy. Torture is never permissible as a form of punishment. But death penalty, when used only on the extravagant evildoers, is justifiable, as life is thoroughly degraded by his own evil act. Further, I argue that mercy is integral to communicative retributivists’ theory of capital punishment. (shrink)

One of the reasons why there is no Hegelian school in contemporary ethics in the way that there are Kantian, Humean and Aristotelian schools is because Hegelians have been unable to clearly articulate the Hegelian alternative to those schools’ moral psychologies, i.e., to present a Hegelian model of the motivation to, perception of, and responsibility for moral action. Here it is argued that in its most basic terms Hegel's model can be understood as follows: the agent acts in a responsible (...) and thus paradigmatic sense when she identifies as reasons those motivations which are grounded in his or her talents and support actions that are likely to develop those talents in ways suggested by his or her interests. (shrink)

Little extended attention has been given to Kant's notion of self-conceit, though it appears throughout his theoretical and practical philosophy. Authors who discuss self-conceit often describe it as a kind of imperiousness or arrogance in which the conceited agent seeks to impose selfish principles upon others, or sees others as worthless. I argue that these features of self-conceit are symptoms of a deeper and more thoroughgoing failure. Self-conceit is best described as the tendency to insist upon one to oneself or (...) to others s will or inclinations upon others, and more centrally the tendency to reconstruct evidence and rationalize so that one may be convinced of one’s own virtue. While the conceited agent may ultimately impose her judgement upon others, she does so in order to preserve her delusion of virtue. (shrink)

Biometric identification is thought to be less vulnerable to fraud and forgery than are traditional forms of identification. However biometric identification is not without vulnerabilities. In a ‘spoofing attack’ an artificial replica of an individual’s biometric trait is used to induce a system to falsely infer that individual’s presence. Techniques such as liveness-detection and multi-modality, as well as the development of new and emerging modalities, are intended to secure biometric identification systems against such threats. Unlike biometrics in general, the societal (...) and ethical issues raised by spoofing and anti-spoofing techniques have not received much attention. This paper examines these issues. (shrink)

In this paper, I offer one moral reason to eschew antidepressant medication in favor of cognitive therapy, all other things being equal: taking antidepressants can be a form of self-objectification. This means that, by taking antidepressants, one treats oneself, in some sense and some cases, like a mere object. I contend that, morally, this amounts to a specific form of devaluing oneself. I argue this as follows. First, I offer a detailed definition of “objectification” and argue for the possibility of (...) self-objectification on this definition. I then explain why this form of self-objectification is morally problematic. (Morally problematic does not mean morally impermissible. It means, instead, that there is a moral reason opposing the activity in question). After, I describe how taking antidepressants can count as self-objectifying. Finally, I defend my thesis against a key objection offered by Levy. Thus, assuming that antidepressants and cognitive therapy are equally efficacious, and that all other things are equal, the self-objectifying character of antidepressants is a compelling reason to regard cognitive therapy as a first-choice treatment for depression. (shrink)

Volitionalism is a theory of action motivated by certain shortcomings in the standard causal theory of action. However, volitionalism is vulnerable to the objection that it distorts the phenomenology of embodied agency. Arguments for volitionalism typically proceed by attempting to establish three claims: (1) that whenever an agent acts, she tries or wills to act, (2) that it is possible for volitions to occur even in the absence of bodily movement, and (3) that in cases of successful bodily actions the (...) relation between volition and bodily movement is causal. I defend an argument for the second of these claims from an objection by Thor Grünbaum, but I show that several volitionalist arguments for the third are not compelling. I then argue that the dual aspect theory of action provides a better account of the relationship between an agent’s volition and the bodily movements she makes when she acts, insofar as it has the same advantages over the standard story as volitionalism without being open to the phenomenological objection. I also defend the dual aspect theory from an objection by A.D. Smith. Finally, I show why the dual aspect theory of action is a better alternative to volitionalism than the theory of action recently put forward by Adrian Haddock. In order to avoid the phenomenological objection Haddock suggests a disjunctive account of bodily movements. While disjunctivism should be taken seriously in the philosophy of action, on the dual aspect theory it is the category of volition, rather than bodily movement, that should receive a disjunctive analysis. (shrink)

The debate concerning abortion abounds in miraculous narratives. Judith Jarvis Thomson has contrived the most celebrated set among related ones, to wit the “violinist analogy,” the “Good Samaritan” narrative, and the “Henry Fonda” allegory, by virtue of which, she intends, on the one hand, to argue that women’s right to autonomy outweighs the alleged fetus’s right to life, and on the other, to prove that no positive moral duties can be derived towards other persons alone from the fact that a (...) moral agent is ascribed certain rights. What this short paper endeavors to prove is that Thomson’s argumentation by analogy is a weak one, since neither the number nor the relevance of similarities invoked is adequate or satisfactory, while crucial parameters concerning the morality of abortion are being totally overlooked. (shrink)

In The Order of Public Reason (2011a), Gerald Gaus rejects the instrumental approach to morality as a viable account of social morality. Gaus' rejection of the instrumental approach to morality, and his own moral theory, raise important foundational questions concerning the adequate scope of instrumental morality. In this article, I address some of these questions and I argue that Gaus' rejection of the instrumental approach to morality stems primarily from a common but inadequate application of this approach. The scope of (...) instrumental morality, and especially the scope of pure moral instrumentalism, is limited. The purely instrumental approach to morality can be applied fruitfully to moral philosophy only in situations of extreme pluralism in which moral reasoning is reduced to instrumental reasoning, because the members of a society do not share, as assumed by traditional moral theories, a consensus on moral ideals as a basis for the derivation of social moral rules, but only an end that they aim to reach. Based on this understanding, I develop a comprehensive two-level contractarian theory that integrates traditional morality with instrumental morality. I argue that this theory, if implemented, is most promising for securing mutually beneficial peaceful long-term cooperation in deeply pluralistic societies, as compared to cooperation in a non-moralized state of nature. (shrink)

Richard Hare argues that the fundamental assumptions of Kant's ethical system should have led Kant to utilitarianism, had Kant not confused a norm's generality with its universality, and hence adopted rigorist, deontological norms. Several authors, including Jens Timmermann, have argued contra Hare that the gap between Kantian and utilitarian/consequentialist ethics is fundamental and cannot be bridged. This article shows that Timmermann's claims rely on a systematic failure to separate normative and metaethical aspects of each view, and that Hare's attempt to (...) bridge the gap between Kantian and consequentialist ethics is immune to Timmermann's criticisms. Furthermore, the term “Kantian ethics” is often misleading, and should typically be qualified as either “Kantian rationalism” or “Kantian deontology” in order to avoid confusions of the sort Timmermann falls into. (shrink)

Many philosophers have objected to Kant’s account of duties regarding non-human nature, arguing that it does not ground adequate moral concern for non-human natural entities. However, the traditional interpretation of Kant on this issue is mistaken, because it takes him to be arguing merely that humans should abstain from animal cruelty and wanton destruction of flora solely because such actions could make one more likely to violate one’s duties to human beings. Instead, I argue, Kant’s account of duties regarding nature (...) grounds much stronger limitations on how humans may treat non-human animals and flora, since such duties are rooted in the imperfect duty to increase one’s own moral perfection. This duty proscribes actions affecting non-human nature that decrease one’s moral perfection, such as those that cause organisms unnecessary harm. Moreover, the duty to moral perfection prescribes (but does not strictly require) actions affecting non-human nature that increase one’s moral perfection, such as those that benefit organisms. Given this interpretation, I show that, contrary to a widely held view, Kant’s moral philosophy can ground a coherent and robust approach to environmental ethics. (shrink)

An orthodox view in marketing ethics is that it is morally impermissible to market goods to specially vulnerable populations in ways that take advantage of their vulnerabilities. In his signature article “Marketing and the Vulnerable,” Brenkert (Bus Ethics Q Ruffin Ser 1:7–20, 1998) provided the first substantive defense of this position, one which has become a well-established view in marketing ethics. In what follows, we throw new light on marketing to the vulnerable by critically evaluating key components of Brenkert’s general (...) arguments. Specifically, we contend that Brenkert has failed to offer us any persuasive reasons to think that it is immoral to market to the vulnerable in ways that take advantage of their vulnerability. Although Brenkert does highlight the fact that the specially vulnerable are at greater risk of being harmed by already immoral marketing practices (e.g., deception, manipulation), he fails to establish that the specially vulnerable are a unique moral category of market clients or that there are special moral standards that apply to them. Moreover, even if Brenkert’s position were theoretically defensible, the practical implications of his position are far less tenable than he suggests. If our criticisms are sound, then Brenkert and others who endorse his position are seriously mistaken regarding how one can permissibly market products to vulnerable populations, and, in addition, they have improperly categorized certain morally permissible marketing practices as being immoral. (shrink)

There are two primary traditions in philosophical theorizing about moral standing—one emphasizing Experience (the capacity to feel pain and pleasure) and one emphasizing Agency (complexity of cognition and lifestyle). In this article we offer an explanation for this divide: Lay judgments about moral standing depend importantly on two independent cues (Experience and Agency), and the two philosophical traditions reflect this aspect of folk moral cognition. In support of this two-source hypothesis, we present the results of a series of new experiments (...) providing evidence for our account of lay judgments about moral standing, and argue that these results lend plausibility to the proposed causal link between folk moral cognition and the philosophical traditions. (shrink)

This conceptual paper revisits the concept of equality as a base of distributive justice and contends that it is underspecified, both theoretically and in terms of its ethical and pragmatic application to human resource management (HRM) within organizations. Prior organizational literature focuses primarily upon distributive equality of remunerative outcomes within small groups and implicitly employs an equity-based conception of inputs to define equality. In contrast, through exposition of the philosophical roots of equality principles, we reconceptualize inputs as de facto equal (...) and consider the systemic application of distributive equality in the form of status leveling practices. Ethical ramifications of distributive equality so viewed are explored. We conclude by arguing that, to implicitly insert a stronger ethics focus into the study and practice of HRM, perhaps there should be "equality theory" competing with equity theory for recognition in managerial and scholarly discourse. (shrink)

Reasons transmit. If one has a reason to attain an end, then one has a reason to effect means for that end: reasons are transmitted from end to means. I argue that the likelihood ratio (LR) is a compelling measure of reason transmission from ends to means. The LR measure is superior to other measures, can be used to construct a condition specifying precisely when reasons transmit, and satisfies intuitions regarding end-means reason transmission in a broad array of cases.

This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) committed to the establishment of a global political authority realizing just reciprocal relations. The article is developed by introducing some key features of the permissive theory and by explaining how such an account addresses the questions of settlement, exclusion and particularity in ways that significantly improve on existing rival accounts (most prominently: acquisition theories, legitimacy-based theories and nationalist theories). (shrink)

To determine whether fish welfare matters morally, we need to know what characteristics or capacities beings need to have in order to be morally considerable, and whether fish have such characteristics. In this paper I discuss a group of theories, Kantian practical reasoning theories, in which agency (or practical rationality) is traditionally thought to be a necessary condition for moral considerability. An individual must have quite sophisticated capacities to be a (moral) agent in such theories: she must be able to (...) act on rational principles. It seems unlikely that nonhuman animals such as fish have such capacities. I argue, however, that on the basis of certain Kantian arguments, moral agents have reason to accept duties to nonrational animals if they are agents in a much less demanding sense: if they are motivated to pursue the objects of their desires. If fish have this capacity, their welfare matters morally. (shrink)

Since the early 20th century, advocates of public relations professionalism have mandated that practitioners serve the public interest making it an ethical standard for evaluating the morality of public relations practice. However, the field has devoted little research to determining just what it means for practitioners to serve the public interest. Most research suggests practice-oriented solutions. This article focuses what practitioners must do to serve the public interest. It reviews theories of the social contract and the public interest to identify (...) an approach to serving the public interest that will help practitioners reconcile moral obligations to themselves, their client organizations, and the public. It concludes that combining superior individual interests with John Dewey's public philosophy will contribute to the moral development and improvement of practitioners and the public. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...) in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant’s concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

In this article I seek to explain Hegel’s significance to contemporary meta-ethics, in particular to Kantian constructivism. I argue that in the master–slave dialectic in the Phenomenology of Spirit , Hegel shows that self-consciousness and intersubjectivity arise at the same time. This point, I argue, shows that there is no problem with taking other people’s reasons to motivate us since reflection on our aims is necessarily also reflection on the needs of those around us. I further explore Hegel’s contribution to (...) the debate about internal and external reasons. I end by arguing that we should understand reasons as historically constructed in the sense that who counts as an intrinsic bearer of value changes over time. I thus argue that the struggle for recognition is in fact the beginning of the long march toward the idea of recognition and the Kantian kingdom of ends. This march, however, is driven by the need to overcome injustice as it is instantiated at the beginning of history by the master’s absolute domination of the slave. (shrink)

Lying is a common phenomenon amongst human beings. It seems to play a role in making social interactions run more smoothly. Too much honesty can be regarded as impolite or downright rude. Remarkably, lying is not a common phenomenon amongst normally intelligent human beings who are on the autism spectrum. They appear to be ‘attractively morally innocent’ and seem to have an above average moral conscientious objection against deception. In this paper, the behavior of persons with autism with regard to (...) deception and truthfulness will be discussed in the light of two different ethical theories, illustrated by fragments from autobiographies of persons with autism. A systemizing ‘Kantian’ and an empathizing ‘ethics of care’ perspective reveal insights on high-functioning autism, truthfulness and moral behavior. Both perspectives are problematic from the point of view of a moral agent with autism. High-functioning persons with autism are, generally speaking, strong systemizes and weak empathizers. Particularly, they lack ‘cognitive empathy’ which would allow them to understand the position of the other person. Instead, some tend to invent a set of rules that makes their behavior compatible with the expectations of others. From a Kantian point of view, the autistic tendency to always tell the truth appears praiseworthy and should not be changed, though it creates problems in the social life of persons with autism. From a care ethics perspective, on the other hand, a way should be found to allow the high-functioning persons with autism to respect the feelings and needs of other persons as sometimes overruling the duty of truthfulness. We suggest this may even entail ‘morally educating’ children and adolescents with autism to become socially skilled empathic ‘liars’. (shrink)

This paper aims to critique the phenomenon of advanced patient autonomy and choice in healthcare within the specific context of self-testing devices. A growing number of self-testing medical devices are currently available for home use. The premise underpinning many of these devices is that they assist individuals to be more autonomous in the assessment and management of their health. Increased patient autonomy is assumed to be a good thing. We take issue with this assumption and argue that self-testing provides a (...) specific example how increased patient autonomy and choice within healthcare might not best serve the patient population. We propose that current interpretations of autonomy in healthcare are based on negative accounts of liberty to the detriment of a more relational understanding. We also propose that Kantian philosophy is often applied to the healthcare arena in an inappropriate manner. We draw on the philosophical literature and examples from the self-testing process to support these claims. We conclude by offering an alternative account of autonomy based on the interrelated concepts of relationality, care and responsibility. (shrink)

Many think that love would be a casualty of free will skepticism. I disagree. I argue that love would be largely unaffected if we came to deny free will, not simply because we cannot shake the attitude, but because love is not chosen, nor do we want it to be. Here, I am not alone; others have reached similar conclusions. But a few important distinctions have been overlooked. Even if hard incompatibilism is true, not all love is equal. Although we (...) have only minimal control over love, it can be more or less authentic. I develop my position by considering the fictional trope of love potions and the implications of a futuristic psychotropic, Lovezac—Viagra for the heart. But I am not as optimistic as some. Even though free will skepticism would not jeopardize love-the-feeling, there are reasons to think that loving relationships might not be immune. (shrink)

Kant’s account of the freedom gained through virtue builds on the Socratic tradition. On the Socratic view, when morality is our end, nothing can hinder us from attaining satisfaction: we are self-sufficient and free since moral goodness is (as Kant says) “created by us, hence is in our power.” But when our end is the fulfillment of sensible desires, our satisfaction requires luck as well as the cooperation of others. For Kant, this means that happiness requires that we get other (...) people to work for our ends; and this requires, in turn, that we gain control over the things other people value so as to have influence over them. If this plan for happiness is not subordinated to morality, then what is most valuable to us will be precisely what others value. This is the root of the “passions” that make us evil and make us slaves whose satisfaction depends on others. But, significantly, this dependence is a moral slavery and hence does not signal a loss, or even diminishment of the kind of freedom required for moral responsibility. (shrink)

I seek to advance enquiry into the philosophical question of in virtue of what human beings have a dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African moral thought to construct two theoretically promising conceptions of human dignity, one grounded on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality conception cannot account for several human rights that we intuitively have, while the community conception can (...) do so. I conclude that, of plausible theories of human dignity with an African pedigree, the field ought to favour a community-based view and critically compare it in future work with the Kantian, autonomy-based view that dominates Western thinking about dignity. (shrink)

Can any being worthy of worship make others worship it? I think not. By way of an analogy to love, I argue that it is perfectly coherent to think that one could be made to worship. However, forcing someone to worship violates their autonomy, not because worship must be freely given, but because forced worship would be inauthentic—much like love earned through potions. For this reason, I argue that one cannot be made to worship properly; forced worship would be unfitting. (...) My principal claim is that no being worthy of worship could exercise the power to make others worship it, since the act of making another worship would necessarily make one unworthy of worship. (shrink)

Some commentators have condemned Kant’s moral project from a feminist perspective based on Kant’s apparently dim view of women as being innately morally deficient. Here I will argue that although his remarks concerning women are unsettling at first glance, a more detailed and closer examination shows that Kant’s view of women is actually far more complex and less unsettling than that attributed to him by various feminist critics. My argument, then, undercuts the justification for the severe feminist critique of Kant’s (...) moral project. (shrink)

This paper proposes to analyse the process that makes paths of action meaningful. It argues that this process is one of ‘figuration’. The term ‘figuration’ intends to outline how the experience of moral meaning is one that already positively marks out a field and to identify and analyse the mechanisms used for such marking and selection. It is my contention that these mechanisms predate the persuasion to a moral path; they are the process through which this path is constructed as (...) meaningful. This thesis is elucidated through an analysis of the tactics of meaning in Kant’s moral theory. Kant turns to aesthetics as a means of corroboration for his moral theory, but he also attempts to limit the scope of the interactions between his aesthetic and moral theory. For instance, when he writes on the topic of form in aesthetic taste or outlines the technical specifications of aesthetic judgment, it is arguably the arcane peculiarities of his system that are met. For this reason, Kant insists on the merely analogical relations between beauty and morality. However, it is also possible to see how certain aspects of Kant’s aesthetic theory execute wider, and potentially more important, functions for his practical philosophy, such as providing meaningful orientation for the ascetic moral attitude of his duty-ethics. In this respect, certain figures of Kant’s aesthetic theory may well be viewed as complementing the dependence in his moral philosophy, in the important sections on moral pedagogy and methodology, on appeals to heroic models and stories as ways of shaping and inculcating the moral disposition. This paper considers these aspects of interaction between Kant’s aesthetic and moral philosophies as both 1) a problem for the consistency of his philosophy given his avowed exclusion of aesthetic and religious elements of meaning in his duty-ethics; and 2) as a case study for the new, schematic analysis of ‘moral figuration’ outlined in the paper. (shrink)

: Most contemporary attempts to draw inspiration from Kant's cosmopolitan project focus exclusively on the prescriptive recommendations he makes in his article, ‘On Perpetual Peace’. In this essay, I argue that there is more to his cosmopolitan point of view than his normative agenda. Kant has a unique and interesting way of problematizing the way individuals and peoples relate to one another on the stage of world history, based on a notion that human beings who share the earth in common (...) ‘originally’ constitute a ‘commercium’ of thoroughgoing interaction. By unpacking this concept of ‘commercium’, we can uncover in Kant a more critical perspective on world history that sets up the cosmopolitan as a specific kind of historical-political challenge. I will show that we can distinguish this level of problematization from the prescriptive level at which Kant formulates his familiar recommendations in ‘Perpetual Peace’. I will further show how his particular way of framing the cosmopolitan problematic can be expanded and expatiated upon to develop a more critical, reflexive, and open-ended conception of cosmopolitan thinking. (shrink)

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are necessary (...) to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

Kant identifies the “highest moral-physical good” as that combination of “good living” and “true humanity” which best harmonises in a “good meal in good company”. Why does Kant privilege the dinner party in this way? By examining Kant’s accounts of enlightenment, cosmopolitanism, love and respect, and gratitude and friendship, the answer to this question becomes clear. Kant’s moral ideal is that of an enlightened and just cosmopolitan human being who feels and acts with respect and love for all persons and (...) such an ideal is temporarily manifested in the sort of social interaction achievable at a good dinner party. (shrink)

The central claim of Kant's political philosophy is that rational agents sharing a territory can justifiably be forced to live under a state; they have, in Kant's words, a duty of right to leave the state of nature. Perhaps something along these lines is entailed by any theory of state legitimacy, but the point raises special difficulties for Kant. He believes that rational agents have a right to freedom; that is, he believes that a rational agent's external freedom - her (...) ability to set and pursue ends for herself without being subject to the choices of others - can justifiably be restricted only for the sake of external freedom itself. To establish that human beings can be forced to join a civil condition, it will therefore not do to show that the state promotes security, prosperity or any other such value: Kant has to show that human beings living side by side need a state to be free. (shrink)

In this paper we explore the connections between ethics and decision theory. In particular, we consider the question of whether decision theory carries with it a bias towards consequentialist ethical theories. We argue that there are plausible versions of the other ethical theories that can be accommodated by “standard” decision theory, but there are also variations of these ethical theories that are less easily accommodated. So while “standard” decision theory is not exclusively consequentialist, it is not necessarily ethically neutral. Moreover, (...) even if our decision-theoretic models get the right answers vis-`a-vis morally correct action, the question remains as to whether the motivation for the non-consequentialist theories and the psychological processes of the agents who subscribe to those ethical theories are lost or poorly represented in the resulting models. (shrink)

Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human rights through the mediating role of the (...) concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody. (shrink)

Why should we deliberate? I discuss a Kantian response to this query and argue that we cannot as rational beings avoid deliberation in principle; and that we have good reasons to consider the value and strength of Kant's philosophical investigations concerning fundamental moral issues and their relevance for the question of why we ought to deliberate. I also argue that deliberation is a wide duty. This means that it has to be set as an end, that it is meritorious, and (...) that we cannot specify exactly what acts can be identified with it or are required for its realization. I begin by discussing why we cannot avoid deliberation in principle, that deliberation is a wide duty and why we ought to set it as an end. In the second part I argue how deliberation can be acknowledged in cosmopolitan education, and how we can inquire into the quality of communication in terms of deliberation in such an education or elsewhere. (shrink)

The effect of violent video games is among the most widely discussed topics in media studies, and for good reason. These games are immensely popular, but many seem morally objectionable. Critics attack them for a number of reasons ranging from their capacity to teach players weapons skills to their ability to directly cause violent actions. This essay shows that many of these criticisms are misguided. Theoretical and empirical arguments against violent video games often suffer from a number of significant shortcomings (...) that make them ineffective. This essay argues that video games are defensible from the perspective of Kantian, Aristotelian, and utilitarian moral theories. (shrink)

Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far too (...) many cases. I resolve the triad by considering the content of the vows. Vows concerning love are not promises at all. We cannot promise to do acts the performance of which is outside our control, and love involves states of mind outside our control. Vows concerning spousal roles are complicated by diverse social understandings of marriage and the centrality of emotion to the roles. (shrink)

Joshua Greene has argued that several lines of empirical research, including his own fMRI studies of brain activity during moral decision-making, comprise strong evidence against the legitimacy of deontology as a moral theory. This is because, Greene maintains, the empirical studies establish that “characteristically deontological” moral thinking is driven by prepotent emotional reactions which are not a sound basis for morality in the contemporary world, while “characteristically consequentialist” thinking is a more reliable moral guide because it is characterized by greater (...) cognitive command and control. In this essay, I argue that Greene does not succeed in drawing a strong statistical or causal connection between prepotent emotional reactions and deontological theory, and so does not undermine the legitimacy of deontological moral theories. The results that Greene relies on from neuroscience and social psychology do not establish his conclusion that consequentialism is superior to deontology. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

The debate surrounding individual climate duties is divided between collectivists and unilateralists. The fair shares argument is the most influential unilateralist position. In this paper, I demonstrate how a Kantian approach could solve three problems the fair share argument faces. Firstly, the Kantian focus on an agent’s will avoids skepticism regarding the causal connections between individual actions and climate effects. Secondly, a Kantian argument for the imperfect duty to minimally restrict our emissions to an equal share justifies egalitarian fair shares. (...) Thirdly, a Kantian ethical approach has direct political implications, taking away concerns about a distracting focus on individual efforts. (shrink)

I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...) of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)