The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

Kierkegaard in Fear and Trembling presents a reductio ad absurdum regarding the time-spans subject to moral evaluation. The text's classic dilemma depends on assuming that we only evaluate discrete, contextless instants. The pseudonymous author constantly seeks the single instant or moral “photograph” that indicates Abraham's status. Doing so, however, extracts scripture's moral legislation out from narrative, resulting in theological paralysis and thereby requiring an alternative temporal vocabulary for evaluating Abraham. Fear and Trembling contains an under-explored alternative that sets Abraham within (...) the covenantal narrative's temporality. The paper explores the consequences of shifting from evaluating instants to evaluating narrative durations, showing that while Genesis 22 remains a challenging episode, it also offers a model of imaginative faith, fidelity to promises, and hope in the face of trauma that focusing on moral instants overlooks. (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)

Kant and Nietzsche are typically thought to have diametrically opposed accounts of willing: put simply, whereas Kant gives signal importance to reflective episodes of choice, Nietzsche seems to deny that reflective choices have any significant role in the etiology of human action. In this essay, I argue that the dispute between Kant and Nietzsche actually takes a far more interesting form. Nietzsche is not merely rejecting the Kantian picture of agency. Rather, Nietzsche is offering a subtle critique of the Kantian (...) theory, denying certain aspects of it while preserving others. On a standard reading, the Kantian theory of willing is committed to three claims: (1) choice causes action, (2) motives do not determine choice, and (3) reflective deliberation suspends the effects of motives. I argue that Nietzsche accepts claims (1) and (2) while denying claim (3). I show that Nietzsche's denial of (3) is premised upon a sophisticated conception of motivation. I contend that Nietzsche's denial of (3) leads him to a new model of reflective agency. This model preserves certain Kantian insights about the nature of self-conscious agency, while embedding these insights in a more complex and arguably more plausible account of motivation. The resultant theory of agency is considerably more sophisticated than has yet been appreciated. (shrink)

Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

The ethics of care, adopted in much of the nursing literature, is usually framed in opposition to the Kantian ethics of principle. Irrespective of whether the ethics of care is grounded in gender, as with Gilligan and Noddings, or inscribed on Heidegger's ontology, as with Benner, Kant remains the philosophical adversary, honouring reason rather than emotion, universality rather than context, and individual autonomy rather than interdependence. During the past decade, however, a great deal of Kantian scholarship – including feminist scholarship (...) – has rendered this series of oppositions questionable, challenging the view that an ethics of care and Kant's moral law are irreconcilable. This paper therefore re‐examines Kant's writings, drawing on recent scholarship, and argues both that they provide the care ethicists with everything they require, and that they offer something beyond an ethics of care, something that repairs the deficits in philosophies of caring. It concludes by suggesting that a Kantian ethics of care has significant implications for the construction of nursing knowledge. (shrink)

The problem of necessary evil is a sub-class of the problem of moral dilemmas. In cases of genuine moral dilemmas the agent cannot avoid doing evil whatever he does. In some cases of genuine moral dilemmas, the options facing the agent are incommensurable. But in some other cases of genuine moral dilemmas, though wrong doing is inescapable, there is a rationally best course of action. These are cases of necessary evil. There are several views regarding the doing of necessary evil. (...) On the closure view it is never necessary to do what is evil. This is the view of some utilitarians and of Kant. Then there are people who believe that it is sometimes necessary to do evil. Of these some (like John Gardner) believe that evil in such cases is justified even though it remains an evil; while there are others (like Gandhi) who believe that evil in such cases can never be justified but it can at best be excused or pardoned. Some even think that in some extreme cases the individual who does evil (even if it is the lesser evil) should be punished even though the individual could not avoid doing evil whatever he chose. The paper stresses the significance of the distinction between justified wrong doing, pardonable wrong doing, and excusable wrong doing. (shrink)

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...) of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in and conduct that might well be criminalized. A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights. (shrink)

In this article I reevaluate Immanuel Kant's moral philosophy from a post–Darwinian perspective. Taking an evolutionary approach to human reasoning and incorporating some recent work on the science of the emotions, I argue that the Kantian bifurcation of reason and emotion, which underlies his moral philosophy, is no longer tenable. Kant's practical defense of his ethics as being the only option that can save morality from the dangers posed by naturalism is also considered and rejected. Instead, I argue that an (...) evolutionary view of reason and emotion can provide an adequate ground for morality and explore the possibility and advantages of such an ethics. (shrink)

The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of (...) the concept of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed issue of justifying legal punishment. (shrink)

This paper will define human enhancement and coercion in the context of this discussion; explain separately how Bioconservatives and Transhumanists use the concept of coercion; and demonstrate how coercion is used improperly as a critique of enhancement.

Video news releases (VNRs) have been criticized when they are used within a newscast without source disclosure because they violate ethical codes related to transparency and consumers' “right to be informed” by whom they are being persuaded. In an experiment, we show how increased persuasion knowledge about VNRs is positively related to beliefs in news commercialization, beliefs in VNR inappropriateness without disclosure, and support for disclosure of VNR material. We suggest that increased knowledge about VNRs without source disclosure measures might (...) harm messages that are not employing the tactic (“false positives”) and lead to a general distrust of all media. (shrink)

Do we need principles of the unification of our agency, our mode of acting? Immanuel Kant and Christine Korsgaard argue that the reflective structure of our mind forces us to have some conception of ourselves, others and the world—including our agency—and that it is through will and reason, and in particular principles of our agency, that we take upon ourselves to unify and test the way(s) in which we make our lives consistent. I argue that the principles suggested—the hypothetical imperative (...) and the categorical imperative—function to unify our understanding of ourselves and others as agents as efficacious and autonomous and that the extent to which those concerned render themselves efficacious and autonomous in cosmopolitan education or elsewhere is due to the extent to which they act in accordance with and are motivated by the suggested principles and in particular the categorical one. I first discuss how the principles function to unify our agency and how the categorical imperative functions as a test of maxims for our actions, how the will is the source of our morality, and how we are forced to have practical identities. I end with some remarks on what it means to acknowledge the mentioned principles in cosmopolitan education. (shrink)

In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions (...) across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement. (shrink)

Perfect ethical duties have usually puzzled commentators on Kant's ethics because they do not fit neatly within his taxonomy of duties. Ethical duties require the adoption of maxims of ends: the happiness of others and one's own perfection are Kant's two main categories. These duties, he claims, are of wide obligation because they do not specify what in particular one ought to do, when, and how much. They leave ‘a latitude for free choice’ as he puts it. Perfect duties, however, (...) such as the duties of respect, to avoid suicide, lying, and servility, do not appear to require the adoption of ends but only the performance or omission of specific types of actions. The puzzle is how these duties can be ethical, and therefore wide. Faced with this difficulty, Mary Gregor denies that perfect ethical duties are wide. She claims that they are an ‘anomaly’ and that they do not belong to ethics proper but to moral philosophy in general. She argues that these duties are derived from the categorical imperative, instead of, as Kant himself appears to have thought, the first principle of virtue. Taking a very different approach, Onora O'Neill finds the perfect/imperfect distinction of little importance and suggests doing without it altogether. Most other interpreters also assume that ‘wide’ is opposed to ‘perfect’ so that a wide perfect duty is a conceptual impossibility. (shrink)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)

This article proposes 3 principles and 3 imperatives as the philosophical foundations of a global journalism ethics. The central claim is that the globalization of news media requires a radical rethinking of the principles and standards of journalism ethics, through the adoption of a cosmopolitan attitude. The article explains how and why ethicists should construct a global journalism ethics, using a contractualist approach. It then formulates 3 "claims" or principles: the claims of credibility, justifiable consequence, and humanity. The claim of (...) humanity is developed further by the formulation of 3 imperatives: to act as a global agent, to serve world citizens, and to enhance nonparochial understandings. The article concludes by considering some implications of a cosmopolitan attitude for the practice of journalism. (shrink)

Salomo Friedlaender was a prolific German-Jewish philosopher, poet, and satirist. His Kant for Children is intended to help young people learn about Immanuel Kant’s philosophy. Friedlaender writes, “Morality is inherent in us organically. But its abstract formula should be imprinted on schoolchildren.” Published in 1924, 200 years after Kant’s birth, the book sparked interest in some quarters, attracting the attention of the first Newbery Award winner, Hendrik Willem van Loon, who corresponded with Friedlaender in 1933 requesting an English translation. That (...) didn’t happen. This is the first English translation of the book. During the National Socialist period, Kant for Children troubled the Nazis. They banned Friedlaender’s work. Rebecca Hanf, friend of Ernst Marcus, the philosopher who claimed to have resurrected Kant, recognized that Friedlaender’s Kant for Children could counter the Nazi appropriation of Kant and realign Kant with egalitarianism and anti-fascist politics, meaning the book has contemporary relevance in light of an international resurgence of fascism. A lifelong student of Kant’s works, Friedlaender deserves a wider audience among Kant scholars and students. This first English translation includes an introduction to Friedlaender as well as essays by Paul Mendes-Flohr, Sarah Holtman, Robert Louden, Kate Moran, Krista Thomason, and Jens Timmermann. For translating and editing Kant for Children, Bruce Krajewski received The 2023 Silvers Grant for Work in Progress from the Robert B. Silvers Foundation. The Robert B. Silvers Foundation is a charitable trust established by a bequest of the late Robert B. Silvers, a founding editor of the New York Review of Books, with the aim of supporting writers in the fields of long-form literary and arts criticism, the intellectual essay, political analysis, and social reportage. (shrink)

It has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at (...) the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy. (shrink)

How important is it for managers to have the “nice” virtues of modesty, civility, and humility? While recent scholarship has tended to focus on the organizational consequences of leaders having or lacking these traits, I want to address the prior, deeper question of whether and how these traits are intrinsically morally important. I argue that certain aspects of modesty, civility, and humility have intrinsic importance as the virtues of relational equality – the attitudes and dispositions by which we relate as (...) moral equals. I provide a novel account of the normative grounds of the virtues of relational equality and develop a corresponding framework for how these virtues can be enacted by managers. The virtues are grounded in the value of opposing objectionable forms of social hierarchy, which requires social norms that grant all persons the same personal authority over their lives and interactions. I show how this view of virtue contrasts with prevailing Aristotelian, Personalist, and Smithian views in business ethics. I then explain how, for managers, sustaining and enacting the virtues of relational equality involves a distinctive cluster of role-specific traits: respect for employees’ equal personal authority, a commitment to express such respect, and a disposition to give equal weight and deference to employees’ relevant interests. (shrink)

I critically examine the plausibility of Kant’s conception of rationalising, a form of self-deception that plays a crucial role for Kant’s moral psychology and his conception of the functions of critical practical philosophy. The main problem I see with Kant’s conception is that there are no theory-independent criteria to determine whether an exercise of rational capacities constitutes rationalising. Kant believes that rationalising is wide-spread and he charges the popular philosophers and other ethical theorists with rationalising. Yet, his opponents could, in (...) turn, charge him with rationalising and some theorists, namely Act-Consequentialists, seem to be in an even stronger position to charge Kant with rationalising than vice versa. In response, I propose standards that do not assume a specific normative theory and that become apparent when we look at clear-cut abuses of rationality. These standards of minimally decent reasoning can help us diagnose rationalising. I develop these standards by looking at inadequate uses of rational capacities that should strike us as problematic regardless of the specific ethical theory we adopt. I emphasise that even an abuse of rational capacities can yield true results and that we can never tell from a single judgement that someone rationalises. Rather, we must look for patterns. (shrink)

In recent years the view that the non-instrumental value of democracy is a relational value, particularly relational equality, gained prominence. In this paper I challenge this relational egalitarian version of non-instrumentalism about democracy’s value by arguing that it is unable to establish a strong enough commitment to democracy. I offer an alternative view according to which democracy is non-instrumentally valuable for it establishes relationships of mutual service among citizens by enlisting them in the collective project of ruling the polity justly (...) together which is a self-standing source of value for them. Relating in the mode of mutual service is not a species of relating as equals; it is a distinct relational value. Democracy is uniquely suited to realize this relational value, for it renders citizens co-authors of the fundamental rules of the system of social cooperation under which they live, and only as co-authors of these rules are they able to mutually serve each other in a way that is appropriate within their relationship as citizens of the same polity. For this reason, a strong commitment to democracy can be based on the relational value of mutual service, which therefore better fits the theoretical purposes of non-instrumentalism than relational equality. (shrink)

Much has been written about the general moral duty to love one’s neighbors. In this article, I explore the specific application of this moral duty in the work setting. I argue from a secular perspective that individuals have the moral duty to love their stakeholders. Loving one’s stakeholders is an affective valuing of the stake-related values these stakeholders pursue and as such is the real recognition of one’s stakeholders as stakeholders and of oneself as a stakeholder of one’s stakeholders. This (...) moral concept of stakeholder love offers promising contributions to stakeholder theory, leadership theories, and ethical theories in general and business ethics theories in particular. (shrink)

In a period of deep political division, insurrection, opium addiction, foreign conflicts, and economic distress, three intellectuals, Tan Sitong 譚嗣同, Kang Youwei 康有爲, and Liang Qichao 梁啓超, developed philosophical systems to identify the source of China’s problems and to devise solutions. With these philosophical theories, they enacted a political movement to reform Chinese government and society known as the “Hundred Days’ Reform” of 1898. While scholars like Chang Hao, Wing Sit-chan, and Joseph R. Levenson have all written on all or (...) some of these reformers, they have done so largely from the perspective of Chinese intellectual history. Yet, very few philosophers have rigorously analyzed the theories of this period and tried to bring them into conversation with Western thought. Virtually none have examined the various ways these philosophers discussed the core Confucian concept of ren 仁 while developing their theories. This dissertation addresses this gap in research by examining the role this traditional concept played in the modernizing discourses of the three major philosophers of China’s pivotal Hundred Days’ Reform. The concept is indispensable to understanding Confucian philosophy of the self along with the concomitant projects of self-cultivation, ethical governance, and learning. Tracing the history of this important concept allows us to study how philosophical discourse about selfhood and humanity changed during this formative period. This understanding, in turn, iii provides us with a more global picture of modern philosophy and problematizes essentializing oppositions such as East/West, traditional/modern, and religious/secular. Chapter One begins with a general note on the methodology of this project. I argue that we ought to avoid assuming that the important features of modernity and modern selfhood in the West are essential to modernity itself and therefore must be found in the works of the Hundred Days Reformers. Chapter Two discusses the important features of ren in Classical Confucianism and explains that the Confucian dao 道 was seen as an authoritative dao for cultivating this quality. Chapter Three examines how Tan Sitong engages with the issue of how to cultivate ren in a world of multiple cultural dao in his groundbreaking text Renxue 仁學, or An Exposition of Ren. Chapter Four explores the concept of ren in the major works of the other two reformers. I contrast Kang Youwei’s cosmopolitan vision of modernity with that of Tan Sitong and explain Liang Qichao’s criticism of ren in his text the Xinmin Shuo 新民說. Chapter Five continues with the analysis of these three thinkers’ views on the modern self-cultivation of ren by looking at how they treat the topic of women’s liberation. After having explored the differences between the emergence of modern philosophy of the self in China and the West, the final chapter explores what makes them both “modern” by utilizing Foucault’s influential reflections on the nature of modernity. I conclude by saying that the West must resituate its own history of philosophy within a global context by exploring the way modernity has manifested in other philosophical traditions. I demonstrate how the philosophies of these three important thinkers can help us toward a broader understanding of the nature of modern philosophy in a global context. By philosophizing across cultures, the Hundred Days’ Reformers sought to move us toward, however imperfectly, a more global discourse on the task of learning to be human. (shrink)

This paper offers a non-reductivist account of the requirement of legitimate authority in warfare. I first advance a distinction between private and public wars. A war is private where individuals defend their private rights with their private means. A war is public where it either aims to defend public rights or relies on public means. I argue that RLA applies to public war but not private war. A public war waged by a belligerent without legitimate authority involves a form of (...) illegitimate domination of the people. Contra the conventional wisdom that RLA is only an ad bellum principle, I show that RLA is also a vital in bello principle. Relying on the Kantian non-voluntarist account of political authority, I argue that only legitimate states have the right to wage public wars. However, I also contend that RLA is not an absolute requirement, even regarding the justice of public war. Under extremely unfavorable conditions, this requirement may be overridden by weighty considerations in favor of resorting to public war without legitimate authority. In sum, my account of RLA protects ordinary people from illegitimate coercion involved in guerrilla warfare in general yet generates proper permission for responsible, aspiring state founders to secure social justice by coercive means under extraordinary situations. (shrink)

In this essay I take up the question of how death can be a penalty, given that each of us will eventually die. I argue that capital punishment in the United States rests on contradictory demands for painless death delivered humanely through pharmaceuticals and yet denies the accused the possibility of natural death. The death penalty must be at once humane and punishing. Analyzing what we mean by ‘botched’ executions, along with the language of the Supreme Court in upholding lethal (...) injection as a humane application of the death penalty, I argue that the fantasy of instant death is at the heart of the tension between death as painless and death as penalty. In the end, I turn to Derrida’s Death Penalty Seminar Volume One, particularly his discussion of Kant’s defence of the capital punishment, and the pivotal role of time in his discussion. Finally, I suggest that the fantasies of instantaneous death and our technological mastery of it result in the fantasy of the ‘good’ punishing death. (shrink)

In Homo Sacer, Giorgio Agamben makes the claim that Kant’s moral philosophy is prophetic of legal nihilism and modern totalitarianism. In doing so, he draws an implicit parallel between Kantian ethics of respect and autonomy, and the authoritarian constitutional theory of Carl Schmitt. This paper elucidates and evaluates this claim through an analysis of Agamben’s assertion that the legal condition of modernity is a nihilistic law that is ‘in force without significance’. I argue that the theoretical continuity between totalitarianism and (...) the Moral Law is the problem of the undecidable, which arises when the empty ground of normative judgment comes to light. (shrink)

The Kantian categorical imperative process of rational reflection and reasoned social discourse is theoretically capable of forming the moral environmental maxims applicable to business. This article argues that rational environmental discourse demands that business has an imperfect duty to develop relevant unbiased information, and perhaps to disseminate this information through participation in business-public coalitions. For the environmental problem, this “rationality” particularly concerns our obligations toward future generations and distant people while recognizing that they cannot participate in current discourse, and the (...) rules for gathering and assessing the evidence that should govern our environmental preservations and enhancements. Both these concerns demand certain scientific information requirements, as well as logical decision criteria that are perceived as stable across both overlapping generations, and affected peoples. The criteria for Rawls’ “considered moral judgments” are shown to apply to resolutions of these business-related ethical conundrums. In a way similar to Kant’s anthropological examinations of humanity’s antisocial behaviors, this article also examines various biases that inhibit this social reasoning. (shrink)

In the Metaphysics of Morals, Kant makes a distinction between duties of virtue and the obligation to be virtuous. For a number of reasons, it may seem as if the latter does not actually require any actions of us not already required by the former. This essay argues that Kant does succeed in describing obligations that we have to prepare for virtuous conduct that are different from simply fulfilling specific duties of virtue, and that in so doing he describes an (...) important element of the moral life. (shrink)

Kant described the state as a ‘moral person’, and did so when dealing with international relations. For all the interest in his contribution to the theory of global politics, the locution according to which Kant characterized the state has received very little attention. When notice has been taken of it, the moral personality of the state has moved arguments in opposing directions. On one recent reading, when Kant called the state a moral person he intended to indicate that it possessed (...) certain duties to itself and to others, for the sake of which it could be coerced to leave the international state of nature. On another, the juridical compulsion of states to join a state of nations or world republic is categorically ruled out because this would impair their moral personality. Both cannot be right. In this article, I analyse Kant’s notion of moral personhood, contextualizing it within his wider philosophical concerns. On the basis of this groundwork I put forward an argument about Kant’s theory of the moral person of the state which allows me to show how he in fact was able coherently to incorporate two seemingly contradictory arguments about the state as an international actor in a single argument, and present this as my solution to what I call the Perpetual Peace Puzzle. (shrink)

Arguing that our attachment to Aristotelian modes of discourse makes a revision of their conceptual foundations long overdue, the author proposes the consideration of unacknowledged factors that play a central role in argument itself. These are in particular the subjective imprint and the dynamics of argumentation. Their inclusion in a four-dimensional framework and the focus on thesis validity allow for a more realistic view of our discourse practice. Exhaustive analyses of fascinating historical and contemporary arguments are provided. These range from (...) Columbus’s advocacy of the Western Passage to India, over the trial of King Louis XVI during the French Revolution, to today’s highly charged controversies surrounding euthanasia and embryo research. Excavating foundational issues such as the purpose of argument itself and the contested role of argument as a generator of knowledge, the book culminates in a discussion of the relationship between rationality and reasonableness and criticizes the restrictions of ‘rational’ argument relying on fixed logical, economic or cultural criteria that in reality are mutable. Here, a true, open argument requires the infusion of Paul Lorenzen’s principle of ‘transsubjectivity’, which recognizes but transcends the partiality of the individual and which can be seen in the pragmatic and expanding consensus that humanity can control itself to safeguard the future of a fragile, damaged world. (shrink)

In his new work on the Kyoto School David Williams presents the first “reading” in English of the complete text of the three Chūō Kōron symposia held by members of the second generation in the early 1940s. In addition, he provides an extensive commentary that explores the inability of “liberal history” to account for the political realities of wartime Japan and the “moral worldview” of the four symposists. Adopting the empirical methodology of earlier works, Williams proposes an alternative thesis of (...) “Confucian Revolution” that takes into account the “logic and conventions” of Japan as a Confucian society. His focus on the influence of Confucianism brings to the fore a neglected aspect of modern Japanese political philosophy that yields important insight into the nature of the Kyoto School's wartime thought and their struggle against the Tōjō regime. (shrink)

In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...) contractual slavery propounded in the Enlightenment and their offspring expounded in recent writings, including those by Barnett, Cassirer, Ellerman, Rawls, Roberts-Thomson, Satz and Steiner. I show that they involve confusions between abilities and rights, free will and freedom, directing and doing, what may be true sequentially and what may be true simultaneously, default rights and universal rights, impermissibility and impossibility, and metaphorical and literal uses of language. (shrink)

In the health care professions, the meaning of—and implications for—‘dignity’ and ‘value’ are progressively more important, as scholars and practitioners increasingly have to make value judgments when making care decisions. This paper looks at the various arguments for competing sources of human value that medical professionals can consider—human rights, autonomy, and a higher-order moral value—and settles upon a foundational model that is related to the Kantian model that is popular within the medical community: human value is foundational; human dignity, autonomy, (...) and rights derive from the relational quality of human dignity. Moral dignity is expressed though the relationships we cultivate, the communal ends we pursue, and the rights we enjoy. Correlatively, human dignity is inseparable from its ground, and the relationship between these two is best represented for Kant in the humanities formulation. The foundational model of dignity ensures that human value is non-circularly derived, but is ultimately tied to expressions of individual human dignity that comes from the dignity of morality. Linking Kant’s dignity of humanity to the dignity of morality affords a unique and efficacious response to the discussion of human value. In one sense, dignity is amplificatory, since its worth is inextricable with that of autonomy and the rights afforded to the autonomous. But that isn’t to say that the worth of dignity is merely amplificatory. Rather, human dignity indicates the absolute inner value found in each individual in virtue of being human. That inner worth engenders certain universal rights—derivable from the dignity and fundamental rational appeal of morality—just as it provides for the possibility for a community of beings to seek to live the moral life. (shrink)

The popularity and profitability of American gridiron football is beyond dispute. Recent polls put football as the overwhelming favorite of people who follow at least one sport and huge revenues are reported at both the professional and the university level. We know, however, that what is the case tells us little about what ought to be the case, and it is to the latter question that this paper is directed. I offer a three-pronged attack on the ethical acceptability of American (...) football, both amateur and professional, based on harm to the players, objectification of the players, and harm to others done by the players, leading to the conclusion that the sport, as currently constituted, is morally unacceptable. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

The principle of right is Kant's main formulation of the rules of politics, and it has obvious affinities with the moral law. Do we have moral reasons to obey the principle? I argue that we may have moral reasons to obey the principle ourselves, but not coercively to enforce it. Do we have prudential reasons to obey the principle? I argue that we do not have reasons based on happiness, but that we may have prudential reasons of a wholly different, (...) but distinctively Kantian kind. These may be reasons both to obey the principle ourselves and to enforce it. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...) of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

Is a Health Care Ethics possible? Against sceptical and relativist doubts Kantian deontology may advance a challenging alternative affirming the possibility of such an ethics on the condition that deontology be adopted as a total programme or complete vision. Kantian deontology is enlisted to move us from an ethics of two-person informal care to one of institutions. It justifies this affirmative answer by occupying a commanding meta-ethical stand. Such a total programme comprises, on the one hand, a dual-aspect strategy incorporating (...) the macro- (institutional) and micro- (person-to-person) levels while, on the other, it integrates consistently within moral epistemology a meta-ethics with lower-ground moral theories. The article describes the issues to be dealt with and the problems which have to be solved on the way to a unifying theory of that kind (Sections I-III) and indicates elements of Kantian moral philosophy which may serve as building blocks (Section IV). Among these are not only Kant’s ideas concerning the moral acting of persons and his ideas concerning civil society and state but also his ideas concerning morality, schematism and religion. (shrink)

This essay roughly sketches two major conceptions of autonomy in contemporary bioethics that promote the resourcification of human body parts: (1) a narrow conception of autonomy as self-determination; and (2) the conception of autonomy as dissociated from human dignity. In this paper I will argue that, on the one hand, these two conceptions are very different from that found in the modern European tradition of philosophical inquiry, because bioethics has concentrated on an external account of patient’s self-determination and on dissociating (...) dignity from internal human nature. However, on the other hand, they are consistent with more recent European philosophy. In this more recent tradition, human dignity has gradually been dissociated from contextual values, and human subjectivity has been dissociated from objectivity and absolutized as never to be objectified. In the concluding part, I will give a speculative sketch in which Kant’s internal inquiry of maxim of ends, causality and end, and dignity as irreplaceability is recombined with bioethics’ externalized one and used to support an extended human resourcification. (shrink)

In this article I discuss Kant's idea of cosmopolitanism both in its prescriptive dimension (its normative content and regulative aspirations) and also its descriptive basis (its crucial philosophical-anthropological assumptions constituting its theoretical justification). My aim is to show that the prescriptive dimension cannot be treated separately from the descriptive one for some difficulties that the latter confronts pervade the former and misinform it. I then proceed to an examination of those difficulties which I locate mainly in Kant's onto-theological commitment to (...) some anthropological tenets of his era. I explore the implications of these tenets and show that they contribute negatively to the task of the promotion of a cosmopolitanism that respects difference and heterogeneity. I conclude with some critical suggestions pro-pounding a renegotiation of the paradigmatic certainties of Kant's cosmopolitanism in order to salvage its normative import and couch it in less onto-theological terms. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...) he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)