This paper formulates a response to standard accounts of Kantian sexual morality, by first clarifying why sex should be understood as a case of using a person as a thing, rather than merely as a means. The author argues that Kant’s remedy to this problem is not sexual consent, but a model of setting and sharing sexual ends. Kant’s account of sexual morality, read in this way, is a critical framework for contemporary moves to think beyond consent, and to grapple (...) with concerns about sexual violation and “bad sex” that have gained uptake in the wake of the MeToo movement. The author defends an account of sex as a process of setting and sharing sexual ends in a Kantian key, which provides us with resources for thinking about the robust ongoing project of making our sexual selves in nonideal conditions, as well as for identifying the wrongs of both “bad” sex and sexual harassment. In doing so, they offer a critical middle ground between contemporary accounts of sexual morality that center questions of individual agency or autonomy, and those that foreground the intersubjective nature of sex. (shrink)

Journal of Philosophy of Education, EarlyView.

The idea of autonomy, presented as Kant’s main achievement in the Groundwork and the second Critique, is hardly present in the ethics of the “Doctrine of Virtue”. Against Pauline Kleingeld’s recent interpretation, I argue that this does not amount to a disappearance of the Principle of Autonomy, but to an important development of the notion of autonomy. I first show that Kant still advocated the Principle of Autonomy in the 1790s along with the thought of lawgiving through one’s maxims. I (...) then argue that the role of autonomy in Kant’s later ethics has a different focus than in the previous works, which requires to connect autonomy with autocracy. Conversely, in the “Doctrine of Virtue”, autocracy, which Kant had employed before as an independent notion, is construed as a new layer of autonomy. What Kant there calls subjective autonomy is thereby considered as reason’s self-government in the maxims of each rational agent. -/- . (shrink)

Thomson's goal in presenting her famous Trolley problem is to evince an explanatory weakness in the principle that killing is worse than letting die. Along the way, she tries to evince a similar weakness in the Kantian principle forbidding the use of people as mere means (henceforth: the Kantian prohibition). However, Thomson's negative assessment of the Kantian prohibition is unwarranted, and that is what this paper aims to show. The paper is divided into three sections. In the first, I introduce (...) the Kantian prohibition on using persons as mere means. In the second, I explain where the Trolley problem gets onto the wrong track. To do so, I shall engage with Kleingeld's recent and ingenious Kantian contribution to the trolley problem literature. In the third, I sketch some of what is needed for a Kantian solution to the Trolley problem. (shrink)

This chapter proposes a solution to the Trolley Problem in terms of the Kantian prohibition on using a person ‘merely as a means.’ A solution of this type seems impossible due to the difficulties it is widely thought to encounter in the scenario known as the Loop case. The chapter offers a conception of ‘using merely as a means’ that explains the morally relevant difference between the classic Bystander and Footbridge cases. It then shows, contrary to the standard view, that (...) a bystander who diverts the trolley in the Loop case need not be using someone ‘merely as a means’ in doing so. This makes it possible to show why the Loop scenario does not undermine the explanation of the salient moral difference between the Bystander and Footbridge cases. (shrink)

In this essay I develop W.E.B. Du Bois’s concept of double consciousness to demonstrate the limitations of Kant’s and Rawls’s models of self-respect. I argue that neither Kant nor Rawls can explain what self-respect and resistance to oppression warrants under the conditions of violent and systematic racial exclusion. I defend Du Bois’s proposal of voluntary black self-segregation during the Jim Crow era and explain why Du Bois believes that the black American community has a moral right to assert its self-respect (...) by mitigating exposure to racial violence and animus in a white-controlled polity. (shrink)

In 2021, Germany passed the first law worldwide that regulates dilemma situations with autonomous cars. Against this background, this article investigates the permissibility of trade-offs between human lives in the context of self-driving cars. It does so by drawing on the debate about the traditional trolley problem. In contrast to most authors in the relevant literature, it argues that the debate about the trolley problem is both directly and indirectly relevant for the ethics of crashes with self-driving cars. Drawing on (...) its direct normative relevance, the article shows that trade-offs are permissible in situations with self-driving cars that are similar to paradigmatic trolley cases. In scenarios that are unlike paradigmatic trolley cases, the debate about the trolley problem can have indirect normative relevance because it provides reasons against the use of moral theories and principles that cannot account for the trolley problem. (shrink)

In a previous paper in this journal, Jennifer Frey presented three arguments against New-Kantian approaches. This paper briefly reiterates these arguments and shows why New-Kantian positions do not succumb to them. Most noteworthy, such positions are formal and not substantive. They care little about the question whether people pursue the same goods and instead stress the role of procedure in explicating rationality and consent in explicating the good. By stressing this distinction between formal and substantive approaches, this paper also provides (...) a hint to the contentious topic of how Kantians can deal with cultural diversity, historicity, and plurality in ethics. It finishes with some questions to the author of the previous paper: do non-formal approaches imply that peace can only exist within similarity? (shrink)

This article offers a Kantian account of dignity violations in the context of contemporary migration to western states. It considers three major issues: “modern slavery,” statutory detention, and lack of rights to engage in economic activity. While most Kantian accounts emphasize the dignity violations of treating people as “mere means,” we point out that this does not capture the central issue: the “hostile environment” that so many migrants face. The first part of the article briefly sets out a Kantian account (...) of dignity violations. The second part highlights two key differences between modern slavery and its historical forebears. It emphasizes the interpersonal rather than institutional character of modern slavery, and distinguishes trafficking from smuggling. The third part argues that migrants who lack formal rights to remain and work face institutional exclusions that violate human dignity. Policies that aim to discourage and restrict immigration demean people’s status as ends in themselves. Moreover, they do so by actively denying opportunities to act as means for others. As such, the article draws a link between Kant’s well-known cosmopolitan right not to be treated with hostility and his less well-known ethical duty, “to be a useful member of the world.” Dignity can be found in acting as a means for others; hostility and exclusion can violate dignity just as much as instrumentalization. (shrink)

I argue that, alongside the already well-established prohibition against treating persons as mere means, Kant’s Formula of Humanity requires a prohibition against treating persons as mere things. The former captures ethical violations due to someone’s (perceived) instrumental value, e.g. exploitation, the latter captures cases in which I mistreat others because they have no instrumental value to me. These are cases in which I am indifferent and complacent towards persons in need; forms of mistreatment frequently suffered by the world’s poorest. I (...) explain why we need the category of treating others as mere things and what the prohibition against such treatment entails. Prohibitions against treating as mere means and as mere things are both essential for understanding the specific nature and extent of our duties to the world’s poorest. (shrink)

This paper explores some of the ethical issues around offering COVID-19 vaccines to children. My main conclusion is rather paradoxical: the younger we go, the stronger the grounds for justified parental hesitancy and, as such, the stronger the arguments for enforcing vaccination. I suggest that this is not thereductio ad absurdumit appears, but does point to difficult questions about the nature of parental authority in vaccination cases. The first section sketches the disagreement over vaccinating teenagers, arguing that the UK policy (...) was permissible. The second section outlines a problem for this policy, that it faces justified vaccine hesitancy. The third section discusses three strategies for responding to this problem, arguing that there may be no simple way of overcoming parents’ reasons to resist vaccinations. (shrink)

Journal of Philosophy of Education, EarlyView.

I propose a novel way to understand the stringency of Kant’s conception of beneficence. This novel understanding can ground our intuition that we do not have to forego (almost) all pursuit of our personal ends. I argue that we should understand the application of imperfect duties to specific cases according to the framework set by the adoption and promotion of ends. Agents have other ends than obligatory ones and they must weigh obligatory ends against these other ends. Obligatory ends are (...) special among ends only insofar as their adoption is not optional. My reading of the normative status of imperfect duties affords a way of thinking about beneficence modelled on the everyday ways in which agents pursue their personal projects and weigh different ends against each other. This establishes a middle-ground between an extremely demanding conception of beneficence and an overly latitudinarian one. Furthermore, it helps us understand why we do not have to be maximally beneficent and why there is a bias towards the near in our thinking about rescue cases. (shrink)

Despite the popularity of many of Kant’s ethical notions, such as autonomy, dignity and respect for persons, there is a perception, even among Kant scholars themselves, that one cannot reliably derive concrete duties from Kant’s moral philosophy. Against this, I shall argue that — properly understood — Kant’s ethics is of prime importance even today. I shall argue that Kant’s preferred procedure is actually the way we develop new ethical rules during the recent Coronavirus pandemic. In order to demonstrate this, (...) I shall first reflect on how we came up with ethical rules such as keeping six feet of distance, wearing a mask, or restricting the number of people who can occupy a room at the same time. I shall then give the reasons why I do not follow the standard interpretations of how one derives concrete duties from Kant’s main formulation of the Categorical Imperative or the Formula of Humanity. Finally, I shall present the textual evidence that Kant proposes a method like the one we use today during a pandemic, and argue that this alternative interpretation can deal much better with the main objections that are commonly levelled against the standard interpretation of Kant’s procedure to derive concrete duties from the Categorical Imperative. (shrink)

Although some have argued that COVID-19 vaccine patents are morally justified, a broader argument on the morality of breaching contracts is necessary. This article explores the ethics of breaching unfair contracts and argues that it is morally justified to breach contracts with pharmaceutical companies concerning vaccine patents. I offer two arguments to support this view. Firstly, contracts may be breachable in some situations. The ones I point out are that contracts can be broken when the costs of not violating vaccine (...) patents are too high or when the process for agreement is not fair, or when an urgent ethical issue needs to be addressed and it is possible to compensate the other party for their loss. Secondly, I argue that because the contracts with the pharmaceutical companies do not treat people as ends in themselves, there is no moral obligation to respect them. (shrink)

For several decades, Kant scholars, inspired by the Groundwork false-promising example, have constructed consent-based criteria for using another merely as a means. Unfortunately, these consent-based accounts produce assessments that are both counter-intuitive and un-Kantian in relatively simple cases. This article investigates why these consent-based accounts fail and offers an alternative. The Groundwork false-promising example has encouraged a problematically narrow understanding of the conditions for using another merely as a means in virtue of the fact that the example involves a consent-sensitive (...) duty. This article demonstrates that the scope of the prohibition on using another merely as a means includes both consent-sensitive and consent-insensitive duties and offers a duty-based account that reflects this. (shrink)