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)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (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)

Choice architecture is heralded as a policy approach that does not coercively reduce freedom of choice. Still we might worry that this approach fails to respect individual choice because it subversively manipulates individuals, thus contravening their personal autonomy. In this article I address two arguments to this effect. First, I deny that choice architecture is necessarily heteronomous. I explain the reasons we have for avoiding heteronomous policy-making and offer a set of four conditions for non-heteronomy. I then provide examples of (...) nudges that meet these conditions. I argue that these policies are capable of respecting and promoting personal autonomy, and show this claim to be true across contrasting conceptions of autonomy. Second, I deny that choice architecture is disrespectful because it is epistemically paternalistic. This critique appears to loom large even against non-heteronomous nudges. However, I argue that while some of these policies may exhibit epistemically paternalistic tendencies, these tendencies do not necessarily undermine personal autonomy. Thus, if we are to find such policies objectionable, we cannot do so on the grounds of respect for autonomy. (shrink)

Abolitionism is the view that if no one is responsible, we ought to abandon the reactive attitudes. This paper defends abolitionism against the claim, made by P.F. Strawson and others, that abandoning these attitudes precludes the formation and maintenance of valuable personal relationships. These anti-abolitionists claim that one who abandons the reactive attitudes is unable to take personally others’ attitudes and actions regarding her, and that taking personally is necessary for certain valuable relationships. I dispute both claims and argue that (...) this objection exaggerates the role of the reactive attitudes and underestimates the importance of non-reactive moral emotions. (shrink)

I argue that Kant’s mature political philosophy entails the provisionality thesis. The provisionality thesis asserts that in a world like ours, populated with beings sufficiently like us, acquired rights (rights to external objects of choice, including property, sovereignty and territory) are necessarily provisional. I motivate the standard view, which restricts the notion of provisional right to the state of nature and the transition from the state of nature to the civil condition. I then provide two textual arguments against it. I (...) conclude by reflecting on the normative implications of the provisionality thesis, arguing that they are more modest than has been formerly appreciated. (shrink)

My project is to reconsider the Kantian conception of practical reason. Some Kantians think that practical reasoning must be more active than theoretical reasoning, on the putative grounds that such reasoning need not contend with what is there anyway, independently of its exercise. Behind that claim stands the thesis that practical reason is essentially efficacious. I accept the efficacy principle, but deny that it underwrites this inference about practical reason. My inquiry takes place against the background of recent Kantian metaethical (...) debate — each side of which, I argue, correctly points to issues that need to be jointly accommodated in the Kantian account of practical reason. The constructivist points to the essential efficacy of practical reason, while the realist claims that any genuinely cognitive exercise of practical reason owes allegiance to what is there anyway, independently of its exercise. I argue that a Kantian account of respect for persons (“recognition respect”) suggests how the two claims might be jointly accommodated. The result is an empirical moral realism that is itself neutral on the received Kantian metaethical debate. (shrink)

In, Kant defends a position that cannot be salvaged. The essay is nonetheless important because it helps us understand his philosophy of law and, more specifically, his interpretation of the social contract. Kant considers truthfulness a strict legal duty because it is the necessary condition for the juridical state. As attested by Kants arguments against the death penalty, not even the right to life has such strict unconditional status. Within the juridical state, established by the social contract, the innate right (...) to freedom is transformed into a bundle of merely positive rights, including the right to life. Understanding the reason for the rejection of thus helps us understand the, in a sense, character of Kant’s legal philosophy. In conclusion, some suggestions are made to bring his position closer to our common moral understanding. (shrink)

I reconsider the relation between love and respect in Kantian ethics, taking as my guide Iris Murdoch's view of love as the fundamental moral attitude and a kind of attention to individuals. It is widely supposed that Kantian ethics disregards individuals, since we don't respect individuals but the universal quality of personhood they instantiate. We need not draw this conclusion if we recognise that Kant and Murdoch share a view about the centrality of love to virtue. We can then see (...) that respect in the virtuous person cannot be blind to the individual, as critics of Kantian ethics contend. My approach contrasts recent efforts to assimilate Kantian respect to Murdochian love, which overlook Murdoch's distinctive claims about the singularity of moral activity. This idea is not as un-Kantian as it seems, and it should inform any Kantian ethics that aims to address the charge about individuals. (shrink)

The following hypothetical case study was developed for bioengineering students and is concerned with choosing between two devices used for development of a pediatric tissue engineered heart valve (TEHV). This case is intended to elicit assessment of the devices, possible future outcomes, and ramifications of the decision making. It is framed in light of two predominant ethical theories: utilitarianism and rights of persons. After the case was presented to bioengineering graduate students, they voted on which device should be released. The (...) results revealed that these bioengineering students preferred the more reliable (and substantially more expensive) design, though this choice precludes the majority of the world from having access to this technology. This case is intended to examine and explore where the balance lies between design, cost, and adequate distribution of biomedical devices. (shrink)

Although Kant’s final work in moral philosophy, Die Metaphysik der Sitten, currently attracts much scholarly attention, there is still a lot to explore. This article is an attempt to get to grips with a particular, often neglected passage of the Rechtslehre, namely §35. Here Kant defends the view that not only can a person’s good reputation can be tarnished after his death, but also that this constitutes a violation of this dead person’s property. Here I will not be able to (...) fully clarify what Kant means when he holds that persons can be harmed after their death, but I will put Kant’s view in a few perspectives. (shrink)

René Girard speaks of the return of the religious as a “return of the sacred… in the form of violence.” This violence was inherent in the original “sacrificial system,” which deflected communal violence onto the victim. In this article, I argue that there is a double return of the sacred. With the collapse of the original sacrificial system, the sacred first reappears in the legal order. When this loses its binding claim, it reappears in the political order. Here, my claim (...) will be that Carl Schmitt’s conception of the political is not simply structurally similar to Girard’s conception of the sacrificial system. It is actually a manifestation of this. In this political return of the religious, the religious and the political systems are conflated. What prevents us from seeing this is the self-concealment that is essential to the sacrificial act, a self-concealment that also characterizes its twofold return. (shrink)

Jair Bolsonaro, the current President of Brazil, has made himself into one of the most influent advocates of COVID-19 denial. His health policy and his political doctrine are partly based on an implicit moral claim, which is neglected by contemporary political theory. Bolsonarism’s rhetoric raises a moral claim to freedom without responsibility, which relieves its followers from the burdens that emerge from liberal accounts of liberty or from basic goods accepted in a political community. In opposition to liberal or communitarian (...) accounts, Bolsonarism endorses a Hobbesian concept of freedom that describes it as the absence of ‘impediments to motion’. Nonetheless, it differs from Hobbes because it treats this liberty as endowed with moral value and non-negotiable through a social contract. (shrink)

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, are not (...) required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

In this paper, I argue that genuine ethical deliberation, and hence ethical agency, is incompatible in principle with the possession of determinate practical prescriptions concerning how best to act in a concrete ethical situation. I make this argument principally by way of an analogy between gameplay and ethical deliberation. I argue that trivially solved games of perfect information (the example I use is tic‐tac‐toe) are, or become, in some sense unplayable for the individual for whom the game is trivially solved. (...) The reason for this, I suggest, is that there ceases to be space within the game for the distinction between that individual being a better and being a worse player of the game. I then use this example as an occasion to reflect on the kind of epistemic indeterminacy that appears to be a condition of genuine ethical deliberation. (shrink)

The purpose of this paper is to examine the concept of Schadenfreude - the pleasure felt at another’s misfortune - and to argue that feeling it in the course of health care work, as elsewhere, is evidence of a deficient character. In order to show that Schadenfreude is an objectionable emotion in health care work, I first offer some conceptual remarks about emotions generally and their differential treatment in Kantian and Aristotelian thought. Second, I argue that an appreciation of the (...) rationality of the emotions is crucial to our self-understanding as persons in general and nurses in particular. Third, I present a critique of Portmann’s (2000, When Bad Things Happen to Other People. London: Routledge) defence of Schadenfreude with examples from both nursing and medical scenarios. Specifically, I show how his exculpation of the emotion in terms of low self-esteem and a commitment to justice are not compelling. I argue that we are active in the construction of our emotional experiences of Schadenfreude, how we may indeed ‘nurse’ the emotion, and thus become culpable for them in ethical terms. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

Is there a difference between human beings and those based on artificial intelligence that would affect their ability to be subjects of dignity? This paper first examines the philosophical notion of dignity as Immanuel Kant derives it from the moral autonomy of the individual. It then asks whether animals and AI systems can claim Kantian dignity or whether there is a sharp divide between human beings, animals and AI systems regarding their ability to be subjects of dignity. How this question (...) is answered depends crucially on one’s understanding of what constitutes human dignity and autonomy, and what requirements one places upon systems in order for them to be seen as morally autonomous. (shrink)

The motives of philosophers tend to be personal. Philosophy has mattered politically as part of continuing political debates. Its effects on politics, religion and the development of the sciences have been evident. Philosophy has been supposed to have special educational value, from its contents or from the benefits of its methods and arguments. This is doubtful. Rather, philosophy matters because its concerns matter. How much philosophy matters, or should matter, may be a question of local taste.

This article examines how Kant’s conceptualizations of natural history and teleological judgement shape his understanding of human difference and race. I argue that the teleological framework encasing Kant’s racial theory implies constraints on the capacity of non-whites to make moral progress. While commentators tend to approach Kant’s racial theory in relation to his political theory, his late-life cosmopolitanism, and his treatments (or non-treatments) of colonialism, empire and slavery, the problem I focus on here is that race is itself only intelligible (...) in relation to a teleological natural history limiting certain races’ capacities to engage in humanity’s moral vocation. (shrink)

Women's exclusion from political enfranchisement in Kant's political writings has frequently been noted in the literature, and yet has not been closely scrutinized. More often than not, commentators suggest that this reflects little more than Kant's sharing in the prejudices of his era. This paper argues that, for Kant, women's civil incapacities stem from defects relating to their capacities as moral agents, and more specifically, to his teleological account of the conditions within which we, as imperfect beings, develop our moral (...) capacities. Women are not incidentally or tangentially excluded from the boundaries of political and moral agency, but rather must adopt an explicitly nonmoral character if we are to understand humanity as moving toward its naturally given, moral ends. I argue (1) that Kant's teleological view of human development requires women to develop an explicitly nonmoral character; (2) that this teleology is inextricable from his view of the moral agency that human—and not merely rational—beings are capable of; and (3) that taken together, these suggest that women's subordinate status is internally connected to Kant's view of moral personhood. (shrink)

According to strong metaphysical readings of Kant, Kant believes there are noumenal substances and causes. Proponents of these readings have shown that these readings can be reconciled with Kant’s claims about the limitations of human cognition. An important new challenge to such readings, however, has been proposed by Markus Kohl, focusing on Kant’s occasional statements about the divine or intuitive intellect. According to Kohl, how an intuitive intellect represents is a decisive measure for how noumena are for Kant, but an (...) intuitive intellect would not represent using metaphysical categories like those of substance and causation. I argue that Kohl’s argument does not succeed, since it overlooks the possibility that the intuitive intellect only indirectly represents certain noumenal facts. In addition, in response to a secondary argument Kohl suggests, I argue that Kant’s apparently anti-metaphysical statements about the content of the categories can be read as merely describing the constitution of the categories, instead of what they represent. Thus, while Kohl advances the debate by raising an under-appreciated question, his argument against the strong metaphysical reading is unsound. (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)

It is well known that Kant claims that causal judgments, including judgments about forces, must have an a priori basis. It is less well known that Kant claims that we can perceive the repulsive force of bodies through the sense of touch. Together, these claims present an interpretive puzzle, since they appear to commit Kant to both affirming and denying that we can have perceptions of force. My first aim is to show that both sides of the puzzle have deep (...) roots in Kant's philosophy. My second aim is to present three potential solutions to the puzzle and show that each faces problems. (shrink)

When is it ethically justifiable to mislead participants about the nature of a film or television program? Producers of the 2006 film Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan used brilliantly crafted releases to undermine potential fraud claims from participants misled about the comedy. This article argues that if portraying participants can result in foreseeable, substantial negative consequences for them, the portrayal must serve an overriding public interest. The test is applied to scenes in Borat.

Kant's ethics has long been bedevilled by a peculiar tension. While his practical philosophy describes the moral obligations incumbent on all free, rational beings, Kant also understands moral anthropology as addressing to our moral advancement. How are we to reconcile Kant's Critical account of a transcendentally free human will with his developmental view of anthropology, history and education as assisting in our collective progress towards moral ends? I argue that Kant in fact distinguishes between the objective determination of moral principles (...) and subjective processes of moral acculturation developing human beingsempirical ethics’ as attending to the unsystematizable facets of a properly human moral life. (shrink)

Agents sometimes act for normative reasons—for reasons that objectively favor their actions. Jill, for instance, calls a doctor for the normative reason that Kate is injured. In this article I explore a dispositional approach to acting for a normative reason. I argue for the need of epistemic, motivational, and executional dispositional elements of a theory of acting for a normative reason. Dispositions play a mediating role between, on the one hand, the normative reason and its normative force, and the action (...) on the other hand. Thereby, they help to deal with problem cases such as cases of deviant causal chains and improper instrumental motivation. (shrink)

This article draws on the moral philosophy of Immanuel Kant to explore whether a corporate ‘duty of beneficence’ to non-shareholders is consistent with the orthodox ‘shareholder theory’ of the firm. It examines the ethical framework of Milton Friedman’s argument and asks whether it necessarily rules out the well-being of non-shareholders as a corporate objective. The article examines Kant’s distinction between ‘duties of right’ and ‘duties of virtue’ (the latter including the duty of beneficence) and investigates their consistency with the shareholder (...) theory. The article concludes that it is possible within the ethical framework of shareholder theory for managers to pursue directly the happiness of non-shareholders. Furthermore, shareholders have a duty to hold management to account for the moral consequences of the firm’s activities on non-shareholding stakeholders. (shrink)

Williams’s well-known critique of the ‘moralism’ of liberal political philosophy—its disconnect from political reality—holds special significance for the theory and practice of constitutional adjudication, where calls for ‘realism’ increasingly resound. Is constitutional discourse also guilty of moralism—as Williams himself thought—or might it succeed where political philosophy has failed? This paper reconstructs Williams’s critique of political moralism as one that decries the empty idealism of the philosophical project of abstraction: the quest for general, timeless, and universal principles drains theory of its (...) prescriptive force. It then argues that legal-constitutional reasoning, even in its most ambitious ‘forum of principle’ conception, is not a flight to abstraction but precisely a pragmatist negotiation of the concreteness-abstraction tension through acts of justification. But constitutional discourse in its current form remains moralistic in another distinct sense: it idealizes the political, thereby failing to account for the social and political pressures on courts and the proper normative significance of institutional considerations. Constitutional discourse could only offer a solution to the ailments of political philosophy if it cures its own chronic idealization. (shrink)

A growing literature documents the existence of individuals who make a living by participating in phase I clinical trials for money. Several scholars have noted that the concerns about risks, consent, and exploitation raised by this phenomenon apply to many (other) jobs, too, and therefore proposed improving subject protections by regulating phase I trial participation as work. This article contributes to the debate over this proposal by exploring a largely neglected worry. Unlike most (other) workers, subjects are not paid to (...) produce or achieve anything but to have things done to them. I argue that this passivity is problematic for reasons of distributive justice. Specifically, it fails to enable subjects to realize what Gheaus and Herzog call “the goods of work”—a failure not offset by adequate opportunities to realize these goods outside of the research context. I also consider whether granting subjects worker-type protections would accommodate this concern. (shrink)

The idea of paying donors in order to make more human bodily material available for therapy, assisted reproduction, and biomedical research is notoriously controversial. However, while national and international donation policies largely oppose financial incentives they do not treat all parts of the body equally: incentives are allowed in connection to the provision of some parts but not others. Taking off from this observation, I discuss whether body parts differ as regards the ethical legitimacy of incentives and, if so, why. (...) I distinguish two approaches to this issue. On a ”principled” approach, some but not all body parts are inherently special in a way that proscribes payment. On a ”pragmatic” approach, the appropriateness of payment in relation to a specific part must be determined through an overall assessment of e.g. the implications of payment for the health and welfare of providers, recipients, and third parties, and the quality of providers’ consent. I argue that the first approach raises deep and potentially divisive questions about the good life, whereas the second approach invokes currently unsupported empirical assumptions and requires difficult balancing between different values and the interests of different people. This does not mean that any attempt to distinguish between body parts in regard to the appropriateness of payment necessarily fails. However, I conclude, any plausible such attempt should either articulate and defend a specific view of the good life, or gather relevant empirical evidence and apply defensible principles for weighing goods and interests. (shrink)

When clinical ethics committee members discuss a complex ethical dilemma, what use do they have for normative ethical theories? Members without training in ethical theory may still contribute to a pointed and nuanced analysis. Nonetheless, the knowledge and use of ethical theories can play four important roles: aiding in the initial awareness and identification of the moral challenges, assisting in the analysis and argumentation, contributing to a sound process and dialogue, and inspiring an attitude of reflexivity. These four roles of (...) ethical theory in clinical ethics consultation are described and their significance highlighted, while an example case is used as an illustration throughout. (shrink)

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed (...) in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can be grounded directly in moral duties. The author explains some of Kant’s reasons for rejecting this assumption and concludes that arguments pertaining to the legality of kidney sales developed on the basis of Kant’s moral philosophy should no longer be considered tenable. (shrink)

A number of phenomena have lent a new complexity to the long-standing challenge of constructing a legitimate and stable political order. I contend that both legitimacy and integration under contemporary conditions ultimately hinge upon a form of public practical reasoning that departs considerably from the ones proposed by John Rawls, Jürgen Habermas and several deliberative democrats. I argue that the generalizability test that constitutes the cornerstone of most contemporary neo-Kantian theories of public reason should be abandoned as a rule of (...) public argumentation and be replaced by a norm of civic responsiveness towards minority claims. I not only suggest that a wider variety of reasons, motives and genres of speech needs to be admitted within the purview of public reason, but more fundamentally that generalizability cannot cogently be seen as anything more (or less) than a civic virtue. The underlying point of this article is that neo-Kantian theories of public reason work with a problematic conception of practical reason. I conclude by providing reasons, against some radical and agonistic democrats, why the language of public reasoning needs to be retained and renovated. Key Words: acknowledgement • agonistic democracy • deliberative democracy • generalizability • Habermas • pluralism • practical reason • public reason • Rawls • social integration. (shrink)

In this paper, I focus on analyzing the manifestation and significance of respect. I first illustrate the two meanings of jing 敬 and their connection in Confucian classical texts, which is helpful to understand the Confucian phenomenology of respect. The two meanings are seriousness as a mind-state and respect as an intentional feeling. After clarifying this point, I undertake a phenomenological analysis of respect, in order to show that respect helps one to achieve moral pursuit. This analysis takes the Kantian (...) notion of respect as a starting point but further is accomplished by the phenomenology of value and feeling. The respect for duties and affairs, the respect for personhood and dignity, and the respect for the worthy with merit motivate one to take moral actions. For example, respect contributes in taking one’s duties seriously, appreciating human beings’ spiritual values and good tendencies even when they have not been actualized, supporting the worthy to play a role, and emulating the worthy to make a contribution and serve others. In Subsequently, I clarify how respect helps one to achieve religious pursuit in one form of Christianity, in light of Max Scheler’s discussion on humility and reverence. Through revering God one respects others; through serving God and participating in God’s humble spirit one serves others. I elucidate the Confucian classics’ discussions on religious experience, in order to show how respect helps one to achieve religious pursuit in one form of Confucianism, and how it is similar and different from Max Scheler’s clarification. The concrete relation between respect and li 禮 in the Confucian tradition will be treated in another work. (shrink)

This essay examines the classical Confucian perspective on the topic of happiness through the lens of three Western theories: hedonism, desire satisfaction theory, and objective list theory. My analysis of the two classical texts—the Analects and the Mencius —reveals that three salient aspects of the Confucian conception of happiness, namely ethical pleasure, ethical desire, and moral innocence, play the fundamental role in the guidance and evaluation of an individual’s life. According to Confucius and Mencius, happiness consists primarily not in pleasure, (...) but in ethical pleasure; the good life is not a life in which all or most of one’s desires are fulfilled, but a life in which the satisfaction of prudential desires is subject to the constraint of ethical desire; the source of the greatest happiness lies not in the attainment of the greatest political power, but rather in the cognizance of one’s moral innocence. For classical Confucian thinkers, the relationship between happiness and the good life is that happiness is a critically important constituent of the good life. However, happiness—defined in terms of pleasure, desire satisfaction, or a list of goods—needs to be tempered by moral constraints. In light of their views on happiness and the good life, I conclude that Confucius and Mencius each lived a good life that exemplified the three salient features of happiness, and to that extent they were happy. (shrink)

The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...) this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (shrink)

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

While there are many points of opposition between the political philosophies of Marx and Kant, the two can greatly benefit from one another in various ways. Bringing the ideas of Marx and Kant together offers a promising way forward for each view. Most significantly, a powerful critique of capitalism can be developed from their combined thought: Kant’s political philosophy offers a robust idea of freedom to ground this critique, while Marx provides the nuanced understanding of social and political power structures (...) under capitalism that allows this idea of freedom to be properly applied. (shrink)

The article argues that Kant’s argument for ownership entails a standard of meaningful use by which property regimes can be evaluated: a regime must make it possible for usable objects to be meaningfully used. A particular form of fully communal ownership can satisfy this standard. Further, this form of communal ownership is compatible with Kantian freedom more broadly. I conclude that, if this is so, there is a great deal of space for further consideration of the rightfulness of diverse regimes (...) of ownership and exchange within a Kantian framework. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline of the (...) similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

I make a case for the thesis that no one can refrain from trying to attain the object of his or her currently strongest desire. I arrive there by defending an argument by Peter van Inwagen for a relatively mild conclusion about the way desires limit our abilities, and by arguing that if van Inwagen’s conclusion is correct, and correct for his reasons, so is my bolder thesis. I close with replies to objections, such as the objection that it is (...) better to take my argument as a reductio ad absurdum of van Inwagen’s than to take my conclusion seriously. (shrink)

In this article the importance of the representational character of politics is illustrated on the basis of the philosophy of Kant. The vanishing of the noumenal in post-modern thinking seems to imply fundamental changes in the sensitive response – aesthetics of the beautiful and the sublime – to politics. In the Kantian paradigm the meaning of our affective response to the violence of (human) nature is ruled by a moral perspective of practical reason. Although the representation of practical reason in (...) the empirical is only possible in an indirect way by means of a schematism of analogy, the corresponding – subjectively teleological – aesthetic feelings both of harmony in the beautiful and of resistance in the sublime do symbolize in a reflective judgement the morally determined character and the objectively conceived teleology of nature in the system of rights of a single state as well as of the cosmopolitan world order. (shrink)

The aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent examples, publicity (...) has been a rather neglected topic in the ever-expanding literature on Kant’s political ideas. Revisiting this notion will make us more attentive to his evocation of the “spirit of republicanism” over and above the letter of the law, and might prompt us to reconsider Kant’s reputation as a classical representative of liberal political thought. Indeed, it should inspire us to situate Kant’s appeal for the “public use of reason” in the vicinity of the republican ideal of political liberty. (shrink)