In this article we defend a moral conception of cosmopolitanism and its relevance for moral education. Our moral conception of cosmopolitanism presumes that persons possess an inherent dignity in the Kantian sense and therefore they should be recognised as ends‐in‐themselves. We argue that cosmopolitan ideals can inspire moral educators to awaken and cultivate in their pupils an orientation and inclination to struggle against injustice. Moral cosmopolitanism, in other words, should more explicitly inform the work that moral educators do. Real‐world constraints (...) on moral action and the need to prioritise one’s sometimes conflicting responsibilities will often qualify cosmopolitan justice as supererogatory. This fact does not absolve persons from aspiring to see themselves as having the moral obligation to help others in need, while recognising that their factual obligations are more modest in being bound by what they are actually able to do. (shrink)

This article forms part of a tribute to Anita L. Allen by the APA newletter on Philosophy and Law. It celebrates Allen's work, but also explains why her conception of privacy is philosophically inadequate. It then uses basic democratic principles and the example of the secret ballot to suggest how we might develop a more philosophically persuasive version of Allen's ideas.

Sexual objectification is a common theme in contemporary feminist theory. It has been associated with the work of the anti-pornography feminists Catharine MacKinnon and Andrea Dworkin, and, more recently, with the work of Martha Nussbaum. Interestingly, these feminists' views on objectification have their foundations in the philosophy of Immanuel Kant. Fully comprehending contemporary discussions of sexuality and objectification, therefore, requires a close and careful analysis of Kant's own theory of objectification. In this paper, I provide such an analysis. I explain (...) what is involved, for Kant, in the process of objectification, what it really means for a person to be an object (what Kant calls an `object of appetite'), and finally deal with his reasons for thinking that marriage can provide the solution to the problem of sexual objectification. I then proceed to some contemporary feminist discussions on sexual objectification, showing how influential Kant's ideas have been for contemporary feminist thinkers MacKinnon, Dworkin, and Nussbaum. My analysis of these feminists' work focuses on the striking similarities, as well as the important differences, that exist between their views and Kant's views on what objectification is, how it is caused, and how it can be eliminated. (shrink)

This paper gives an account of the argument of Schopenhauer's essay On the Freedom of the Human Will, drawing also on his other works. Schopenhauer argues that all human actions are causally necessitated, as are all other events in empirical nature, hence there is no freedom in the sense of liberum arbitrium indifferentiae. However, our sense of responsibility or agency (being the ) is nonetheless unshakeable. To account for this Schopenhauer invokes the Kantian distinction between empirical and intelligible characters. The (...) paper highlights divergences between Schopenhauer and Kant over the intelligible character, which for Schopenhauer can be neither rational nor causal. It raises the questions whether the intelligible character may be redundant to Schopenhauer's position, and whether it can coherently belong to an individual agent, suggesting that for Schopenhauer a more consistent position would have been to deny freedom of will to the individual. (shrink)

In this paper I consider the possibility that failing to fulfill the Kantian obligation to protect one’s rational nature might actually vitiate future instances of this obligation. I respond to this dilemma by defending a novel interpretation of Kant’s views on the relation between the value we have and the respect we are owed. I argue, contra the received view among Kant scholars, that the feature in virtue of which someone has unconditional and incomparable value is not the same feature (...) in virtue of which she is owed the respect that constrains how she may be treated. So, even though someone who fails to attempt to protect her rational nature fails to respect herself in the right way, and even though this moral failing does make her lose a certain kind of value, her obligations to respect herself do not go away. (shrink)

This article proposes a way of understanding Kantianism, act-utilitarianism and some other important ethical theories according to which they are all versions of the same kind of theory, sharing a common structure. I argue that this is a profitable way to understand the theories discussed. It is charitable to the theories concerned; it emphasizes the common ground between them; it gives us insights into the differences between them; and it provides a method for generating new ethical theories worth studying. The (...) article briefly discusses the relationship between these ideas and some other recent proposals that emphasize the common ground between Kantianism and versions of consequentialism. (shrink)

A quasi-sequel to "Epistemic Teleology and the Separateness of Propositions." Covers some of the same ground, but also extends the basic argument in an important way.

In this article, I defend a meta-normative account of constitutivism by specifically addressing what I take to be a fundamental criticism of the constitutivist stance, namely, the objection that constitutive standards have conceptual, not normative, force, and so that no practical normativity can be extracted from them as constitutive of agency. In reply to this objection, I argue that the conceptual role of the standards constitutive of agency? their applying to us by virtue of our being the kinds of creatures (...) we are? does not exclude, but rather combines with, the normative role the same standards play in our practical life. (shrink)

Kant’s political theory stands in the social contract tradition, but departs significantly from earlier versions of social contract theory. Most importantly Kant holds, against Hobbes and Locke, that we have not merely a pragmatic reason but an obligation to exit the state of nature and found a state. Kant holds that each person has an innate right to freedom, but it is possible to simultaneously honor everyone’s right only under the rule of law. Since we are obligated to respect each (...) person’s right to freedom, and can do so only in a state, we are obligated to submit to the authority of the state if we have one, and to establish one if we do not. In the first half of the essay I reconstruct this argument in more detail. In the second half I survey four points of controversy: (i) What is the relationship between Kant’s political philosophy and his moral philosophy? (ii) How does the innate right to freedom support the postulate that we are permitted to acquire property and other private rights? (iii) How does the postulate support an obligation to found the state? (iv) How should we understand Kant’s views about political revolutions? (shrink)

John Searle’s The Construction of Social Reality and Hernando de Soto’s The Mystery of Capital shifted the focus of current thought on capital and economic development to the cultural and conceptual ideas that underpin market economies and that are taken for granted in developed nations. This collection of essays assembles 21 philosophers, economists, and political scientists to help readers understand these exciting new theories.

There is a growing trend in policy making of holding people responsible for their lifestyle-based diseases. This has sparked a heated debate on whether people are responsible for these illnesses, which has now come to an impasse. In this paper, I present a psychological model that explains why different views on people’s responsibility for their health exist and how we can reach a resolution of the disagreement. My conclusion is that policymakers should not perceive people as responsible while health care (...) personnel should take the opposing view. (shrink)

This paper begins with Thomas Nagel's (1970) investigation of the possibility of altruism to further examine how to motivate altruism. When the pursuit of the gratification of one's own desires generally has an immediate causal efficacy, how can one also be motivated to care for others and to act towards the well-being of others? A successful motivational theory of altruism must explain how altruism is possible under all these motivational interferences. The paper will begin with an exposition of Nagel's proposal, (...) and see where it is insufficient with regard to this further issue. It will then introduce the views of Zhang Zai and Wang Fuzhi, and see which one could offer a better motivational theory of altruism. All three philosophers offer different insights on the role of human reason/reflection and human sentiments in moral motivation. The paper will end with a proposal for a socioethical moral program that incorporates both moral reason and moral sentiments as motivation. (shrink)

Robin Barrow claims in his ?Moral education's modest agenda? that ?the task of moral education is to develop understanding, at the lowest level, of the expectations of society and, at the highest level, of the nature of morality???[that is, that moral education] should go on to develop understanding, not of a particular social code, but of the nature of morality ? of the principles that provide the framework within which practical decisions have to be made? [Barrow, R. 2006. Moral education's (...) modest agenda. Ethics and Education 1, no. 1: 3?13.]. Barrow's words are noteworthy not only because he sets out to define the ?modest? agenda of moral education in terms of principles, but also because he asserts that education is important for teaching students to understand morality in such terms. However, even though he is arguing that understanding morality is important in terms of principles, he says little about their function or status, or how we cultivate ourselves so that we act in agreement with and are motivated by the principles of practical reason. In this article I therefore discuss two distinctive features of human beings and offer a Kantian notion of morality as a response to Barrow's development of an understanding of morality in terms of principles. I argue that the principles Kant suggests are constitutive of action, and that we both develop our understanding and also value our humanity when we act in agreement with and are motivated by the suggested principles, and cultivate our predispositions (technical, pragmatic and moral). Moreover, I argue that we reach the goal of ?a progressive organization of citizens of the earth into and toward the species as a system that is cosmopolitically united? [Kant, I. 2006b. Anthropology from a pragmatic point of view. Trans. Robert B. Louden. Cambridge: Cambridge University Press.] when we, inter alia, value our humanity and comply with the principles of practical reason, in practice. (shrink)

The purpose of this paper is to challenge the suggestion that Kant offers a solution to the Reinhold/Sidgwick Problem in his Metaphysics of Morals. The problem, briefly, is about how Kant can hold moral evil to be imputable when he also seems to hold that freedom is found only in moral actions. After providing a new formulation of this problem under the title ‘Objection R/S’ and describing the popular strategy for addressing it through reference to this text, the paper recounts (...) some of the history relevant to interpreting the passage in question. The paper then argues that this strategy is not supported by the text and indeed proves to be contrary to other arguments that are central to Kant's moral thought. The closing section briefly considers other possible ways of addressing the Objection R/S. (shrink)

: This paper discusses the function and scope of incompatibilist or transcendental freedom in Kant's moral philosophy. The prevailing view among scholars, most notably Allison, is that the function of transcendental freedom is to enable us to articulate a first-person conception of ourselves as rational agents involved in deliberation and choice. Thus, the scope of transcendental freedom is rational agency in general. In order to perform this function, freedom has to be merely conceivable. Pace Allison, I argue that our first-person (...) conception is neutral with respect to causal determinism, and that the function of transcendental freedom is to provide the metaphysical conditions of the possibility of genuine moral responsibility and perfect justice, and to get rid of moral luck. In order to perform this function, transcendental freedom has to be not just conceivable, but metaphysically real. My view suggests that we only have reason to attribute freedom to ourselves in situations in which we are aware that the moral law commands us categorically. We do not have a similar reason to believe we are free in purely prudential choices. Thus, the scope of transcendental freedom is not rational agency in general, but only moral agency. (shrink)

Constitutivism is the view that it is possible to derive contentful, normatively binding demands of practical reason and morality from the constitutive features of agency. Whereas much of the debate has focused on the constitutivist's ability to derive content, David Enoch has challenged her ability to generate normativity. Even if one can derive content from the constitutive aims of agency, one could simply demur: ?Bah! Agency, shmagency?. The ?Why be moral?? question would be replaced by the ?Why be an agent?? (...) question. It is the aim of this paper to show that the shmagency objection is essentially correct, though not as originally defended by Enoch. Since Enoch posed his argument as ruling out the normative authority of agency under any conception of the constitutive features of agency, constitutivists have responded by arguing for the inescapability of certain minimal features of agency. I argue that this amounts to equivocation: the constitutivist appeals to a minimal conception of agency in answering the normative question but to a richer understanding in answering the content question. The key to the shmagency objection, as I shall defend it, is to insist that the same sense of agency must be employed in answering both questions. A shmagent can concede that there may be inescapable ways of understanding agency, but insist that any such understanding would have to be too minimal to generate substantive content. (shrink)

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

How or in virtue of what does any one particular action differ from another? Available views on the issue of action individuation tend to emphasize the descriptive features of actions, such as where and when they occur, or what they cause or are caused by. I contend instead that actions are individuated by their normative features, such as what licenses them and what they license in turn. In this essay, deploying a suggestion from Sellars and Brandom, I argue specifically that (...) actions are individuated by their normative function or role. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

The dominant interpretation of Kant as a moral constructivist has recently come under sustained philosophical attack by those defending a moral realist reading of Kant. In light of this, should we read Kant as endorsing moral constructivism or moral realism? In answering this question we encounter disagreement in regard to two key independence claims. First, the independence of the value of persons from the moral law (an independence that is rejected) and second, the independence of the content and authority of (...) the moral law from actual acts of willing on behalf of those bound by that law (an independence that is upheld). The resulting position, which is called not ‘all the way down’ constructivism, is attributed to Kant. (shrink)

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

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

In this paper I argue that Adorno's metacritique of freedom in Negative Dialectics and related texts remains fruitful today. I begin with some background on Adorno's conception of ‘metacritique’ and on Kant's conception of freedom, as I understand it. Next, I discuss Adorno's analysis of the experiential content of Kantian freedom, according to which Kant has reified the particular social experience of the early modern bourgeoisie in his conception of unconditioned freedom. Adorno argues against this conception of freedom and suggests (...) that freedom is always conditioned by our embodiment and by our social and historical situation. Finally, I turn to Adorno's criticism of Kant's discussion of freedom and determinism in the Critique of Pure Reason and argue that while his philosophical argument against Kant fails, his metacritical argument remains suggestive. Scepticism about freedom arises when the standpoint of theoretical reason encroaches upon the standpoint of practical reason and assimilates persons to things. (shrink)

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

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

In the first part of this paper, I discuss the different kinds of objectivity; general and legal objectivity more specifically. In the second part, I endeavour to explain the two main views that have been advanced to answer four core questions on legal objectivity. The first is whether moral and legal values are objective. Second, what is the nature of the relationship between legal and moral values? The third is whether, due to the specific nature of law, we should consider (...) a domainspecific conception of objectivity for legal values. The fourth concerns whether there is a correspondence between legal values and legal facts. What is the explanation of the platitudes about the nature of law such as that law is reasongiving, normative or authoritative in character? In other words, do legal facts have a place in our 'disenchanted' or naturalistic (in the scientific sense) understanding of the world. In the final section of this paper, I evaluate naturalism and nonnaturalism in law and consider the future of the debate and its relevance for understanding the connection between law, morality and legal normativity. (shrink)

It is often observed in metaethics that moral language displays a certain duality in as much as it seems to concern both objective facts in the world and subjective attitudes that move to action. In this paper, I defend The Dual Aspect Account which is intended to capture this duality: A person’s utterance of a sentence according to which φing has a moral characteristic, such as “φing is wrong,” conveys two things: The sentence expresses, in virtue of its conventional meaning, (...) the belief that φing has a moral property, and the utterance of the sentence carries a generalized conversational implicature to the effect that the person in question has an action-guiding attitude in relation to φing. This account has significant advantages over competing views: (i) As it is purely cognitivist, it does not have the difficulties of expressivism and various ecumenical positions. (ii) Yet, in spite of this, it can explain the close, “meaning-like,” connection between moral language and attitudes. (iii) In contrast to other pragmatic accounts, it is compatible with any relevant cognitivist view. (iv) It does not rest on a contentious pragmatic notion, such as conventional implicature. (v) It does not imply that utterances of complex moral sentences, such as conditionals, convey attitudes. In addition, the generalized implicature in question is fully calculable and cancellable. (shrink)

Recent work in experimental philosophy shows that folk intuitions about moral responsibility are sensitive to a surprising variety of factors. Whether people take agents to be responsible for their actions in deterministic scenarios depends on whether the deterministic laws are couched in neurological or psychological terms (Nahmias et. al. 2007), on whether actions are described abstractly or concretely, and on how serious moral transgression they seem to represent (Nichols & Knobe 2007). Finally, people are more inclined to hold an agent (...) responsible for bringing about bad than for bringing about good side effects that the agent is indifferent about (Knobe 2003). Elsewhere, we have presented an analysis of the everyday concept of moral responsibility that provides a unified explanation of paradigmatic cases of moral responsibility, and accounts for the force of both typical excuses and the most influential skeptical arguments against moral responsibility or for incompatibilism. In this article, we suggest that it also explains the divergent and apparently incoherent set of intuitions revealed by these new studies. If our hypothesis is correct, the surprising variety of judgments stems from a unified concept of moral responsibility. -Knobe, J. (2003) Intentional Action and Side Effects in Ordinary Language. Analysis 63, pp.190–93. -Nahmias, E.; Coates, J.; Kvaran. T. (2007) Free will, moral responsibility, and mechanism: experiments on folk intuitions. Midwest studies in Philosophy XXXI -Nichols, S.; Knobe, J. (2007) Moral responsibility and determinism: the cognitive science of folk intuitions, Noûs 41:4, 663-685. (shrink)

Theorists have spent considerable time discussing the concept of responsibility. Their discussions, however, have generally focused on the question of who counts as responsible, and for what. But as Gary Watson has noted, “Responsibility is a triadic relationship: an individual (or group) is responsible to others for something” (Watson Agency and answerability: selected essays, 2004 , p. 7). Thus, theorizing about responsibility ought to involve theorizing not just about the actor and her conduct, but also about those the actor is (...) responsible to—and specifically about how these people hold the actor responsible for her conduct. In this paper, I give a topology of the terrain of holding others responsible. Over the course of the paper I disambiguate two very broad senses of holding responsible—regarding another as a responsible agent and holding another responsible for a particular piece of conduct. Next, I argue that the latter sense of holding responsible is a genus with two species—what I will call “holding responsible as deep moral appraisal” and “holding responsible as accountability.” Appreciating these distinctions, I argue, sheds considerable light on a number of questions concerning the scope and nature of our practices of holding others responsible. Finally, illuminating these distinct senses of holding responsible and highlighting their features reveals an awkwardness in the most carefully explicated and influential account of holding responsible, namely R. Jay Wallace’s account in Responsibility and the Moral Sentiments. (shrink)

Abstract: This article addresses a foundational issue in Kant's moral philosophy, the question of the relation of the Categorical Imperative to value. There is an important movement in current Kant scholarship that argues that there is a value underlying the Categorical Imperative. However, some scholars have raised doubts as to whether Kant has a conception of value that could ground the Categorical Imperative. In this paper I seek to add to these doubts by arguing, first, that value would have to (...) be of a particular kind in order to be the foundation of Kant's moral philosophy. Second, I argue that Kant does not have such a conception of value, and that his arguments rule out that value could ground his moral philosophy. I then outline an alternative reading of how Kant uses ‘inner value’. My conclusion will be that Kant does not derive the Categorical Imperative from an underlying value. While some of his passages could also be read as if value were foundational for Kant, a close look at these passages and his arguments point away from this conclusion. (shrink)

Kantians often talk about the capacity to set ends for oneself through reason and those who do assume that Kant regarded the capacity to set ends as a rational power or a component of practical reason. ‘Natural perfection’, Kant says, ‘is the cultivation of any capacities whatever for furthering ends set forth by reason’, and he refers to ‘humanity’ as the ‘capacity to set oneself any end at all’ or ‘the capacity to realize all sorts of possible ends’.¹ ‘Humanity’ comprises (...) the full range of human rational capacities, one of which is the capacity to adopt a wide variety of ends, including ends that are not morally required by pure practical reason.² Likewise Kant refers to ‘culture’ as ‘the aptitude and skill for all sorts of ends for which he can use nature (internal and external)’, or as ‘the production of the aptitude of a rational being for any ends in general (thus those of his freedom).’³ Christine Korsgaard characterizes ‘humanity’ as follows. (shrink)

Kantian constructivists accord a constitutive, justificatory role to the issue of scope: they typically claim that first-order practical thought depends for its authority on being suitably acceptable within the right scope, or by all relevant others, and some Kantian constructivists, notably Onora O'Neill, hold that our views of the nature and criteria of practical reasoning also depend for their authority on being suitably acceptable within the right scope. The paper considers whether O'Neill-type Kantian constructivism can coherently accord this key role (...) to the issue of scope while adhering to the universalist, ‘cosmopolitan’ commitments at its core. The paper argues that this is not so. On the one hand, it shows that O'Neill's attempt to ‘fix’ the scope of practical reasoning supposes, rather than establishes, a view of ethical standing and the scope of practical reasoning. On the other hand, the paper argues that Kantian constructivism should endorse a non-constructivist, perfectionist view of the good to determine that scope. The paper thereby supports the perfectionist conjecture that Kantian constructivism, in order to defend its universalist commitments, should take refuge in non-constructivist, perfectionist considerations, and that Kantian constructivism should therefore construe perfectionism as a partial, though uneasy, ally. (shrink)

With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain (...) can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority. (shrink)

Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.

I aim to show that (i) there are good ways to argue about what has intrinsic value; and (ii) good ethical arguments needn't make ethical assumptions. I support (i) and(ii) by rebutting direct attacks, by discussing nine plausible ways to argue about intrinsic value, and by arguing for pains intrinsic badness without making ethical assumptions. If (i) and (ii) are correct, then ethical theory has more resources than many philosophers have thought: empirical evidence, and evidence bearing on intrinsic value. With (...) more resources, we can hope to base all of our moral beliefs on evidence rather than on, say, emotion or mere intuition. (shrink)

This paper looks at judgments of guilt in the face of alleged wrong-doing, be it in public or in private discourse. Its concern is not the truth of such judgments, although the complexity and contestability of such claims will be stressed. The topic, instead, is what sort of activities we are engaged in, when we make our judgments on others' conduct. To examine judging as an activity it focuses on a series of problems that can occur when we blame others. (...) On analysis, we see that these problems take the form of performative contradictions, so that the ostensible purposes of assigning guilt to others are undermined.There is clear evidence from social psychology that blame is especially frequently and inappropriately attributed to individuals in modern Western societies. On the other hand, it has often been observed how suspicious we are about the activity of judging – thus a widespread perception that a refusal to judge is somehow virtuous. My suggestion is that the sheer difficulty of attributions of responsibility, in the face of a complex and often arbitrary moral reality, frequently defeats us. This leads to a characteristic set of distortions when we blame, so that it is no surprise that we have become suspicious of all blaming activities. (shrink)

Suppose that there is no real distinction between 'mad' and 'bad' because every truly bad-acting agent, proves to be a morally incompetent one. If this is the case: should we not change our ordinary interpersonal relationships in which we blame people for the things they do? After all, if people literally always act to 'the best of their abilities' nobody is ever to blame for the wrong they commit, whether these wrong actions are 'horrible monster'-like crimes or trivial ones, such (...) as cycling on a footpath. This paper offers a skeptical solution, i.e., a solution that does not depend upon the existence of individual responsibility for extreme wrongdoing. I conclude that even in the 'worst case' that skepticism about the distinction between mad and bad is warranted, we are nevertheless justified to treat one another; in general, as morally competent agents who are often to blame for the wrong they commit. (shrink)

In her influential and challenging paper “Skepticism about Practical Reason” Christine Korsgaard sets out to refute an important strand of Humean scepticism as it concerns a Kantian understanding of practical reason.1 Korsgaard distinguishes two components of scepticism about practical reason. The first, which she refers to as content scepticism, argues that reason cannot of itself provide any “substantive guidance to choice and action” (SPR, 311). In its classical formulation, as stated by Hume, it is argued that reason cannot determine our (...) ends. Our ends are determined by our desires and reason is limited to the role of identifying the relevant means to these ends. The second component, which Korsgaard calls motivational scepticism, suggests doubt about the scope of reason as a motive. The claim here, as Korsgaard interprets Hume’s view on this matter, is that “all reasoning that has motivational influence must start from a passion, that being the only possible source of motivation” (SPR, 314).2 Korsgaard’s fundamental objective in “Skepticism about Practical Reason” is to show that motivational scepticism must always be based on content scepticism. In other words, according to Korsgaard, motivational scepticism has no independent force. In this paper I argue that Korsgaard’s attempt to discredit motivational scepticism is unsuccessful. (shrink)

What is one who takes normativity seriously to do if normativity can neither be discovered lurking out there in the world independently of us nor can it be sufficiently grasped from a merely explanatory perspective? One option is to accept that the normative challenge cannot be met and to retreat to some form of moral skepticism. Another possibility has recently been proposed by Christine Korsgaard in The Sources of Normativity where she aims to develop an account of normativity which is (...) grounded in autonomy. Furthermore, she argues that on her account reasons are "essentially public" and that this captures how it is that we can obligate one another. In this paper I argue that there is a serious tension between her account of normativity and the publicity of reasons-namely, that if reasons are essentially public, then it is not possible for individuals to legislate laws for themselves. However, I then argue that if we revise her conception of normativity such that it is understood to involve collective rather than individual legislation that it may then be possible to account for interpersonal reasons. (shrink)

The paper explores the consequences of adopting a moral error theory targeted at the notion of reasonable convergence. I examine the prospects of two ways of combining acceptance of such a theory with continued acceptance of moral judgements in some form. On the first model, moral judgements are accepted as a pragmatically intelligible fiction. On the second model, moral judgements are made relative to a framework of assumptions with no claim to reasonable convergence on their behalf. I argue that the (...) latter model shows greater promise for an error theorist whose commitment to moral thought is initially serious. (shrink)

The phenomenology of agency has, until recently, been rather neglected, overlooked by both philosophers of action and philosophers of consciousness alike. Thankfully, all that has changed, and of late there has been an explosion of interest in what it is like to be an agent. 1 This burgeoning field crosses the traditional boundaries between disciplines: philosophers of psychopathology are speculating about the role that unusual experiences of agency might play in accounting for disorders of thought and action; cognitive scientists are (...) developing models of how the phenomenology of agency is generated; and philosophers of mind are drawing connections between the phenomenology of agency and the nature of introspection, phenomenal character, and agency itself. My aim in this paper is not to provide an exhaustive survey of this recent literature, but to provide a.. (shrink)

Kant's most familiar and widely read works in practical reason are the Groundwork of the Metaphysics of Morals (1785) and the Critique of Practical Reason (1788). His principal aims in these works are to analyze the nature and ground of morality and to justify its supreme principle (the categorical imperative). Nevertheless, in these texts, Kant also paints a picture of what it means to have a good will or good character, and it is this account of the good will and (...) the associated theory of moral motivation that have been the target of many of the historical and contemporary objections to Kant's rationalism. From the perspective of these foundational works in Kant's moral theory, it appears that all that is required for Kantian character is a firm commitment to do one's duty from the motive of duty in the absence of inclination, or in the teeth of countervailing inclination. Kant's defenders have rightly insisted that it would be hasty to draw any final conclusions about his considered views on character and moral psychology on the basis of the Groundwork and the second Critique. An adequate assessment of these kinds of charges against Kant, they have argued, must address his theory of virtue, as it is set out in his other important ethical texts, especially the Doctrine of Virtue (1797) and Religion Within the Boundaries of Mere Reason (1793). In his theory of virtue, Kant presents a detailed account of virtue as a character trait, provides lengthy discussions of the various virtues he sees as central for the ethical life, and maintains that there are moral feelings that are part of a virtuous character and serviceable for morality. For these reasons, those interested in gleaning a more complete picture of Kant's ethics await a detailed, systematic account of Kant's views about virtue. This entry aims to sketch the outlines of such an account. (shrink)

Richard Rorty challenges Jurgen Habermas's belief that validity-claims raised within context-bound discussions contain a moment of universality validity. Rorty argues that immersion within contingent languages prohibits any neutral, context-independent ground, that one cannot predict the defense of one's assertions before any audience, and that philosophy can no more escape its contextual limitations than strategic counterparts. Alfred Schutz's phenomenological account of motivation, the reciprocity of perspectives, and the theoretical province of meaning can articulate Habermas's intuitions.Since any claim can be analyzed from (...) an observer's perspective for its because-motives, it can always be shown to be context-related; but to the participant involved in the in-order-to project of establishing a claim's validity, the claim appears objectively valid until counter-evidence surfaces. Rorty, even when explaining what it is to make a truth claim, resorts to the observer perspective and omits reference to the in-order-to perspective, within which alone unconditional validity becomes visible. Furthermore, the expectation that one's claim is universally valid depends not on an empirical prediction that one''s claim can survive hypothesized future possible audiences. Rather, because of the reciprocity of perspectives, making possible communication and a common life, theoreticians assume that others will recognize what they take to be objective or valid, independently of diverse biographical circumstances. Finally, within the theoretical province requiring relevances different from those of everyday life, philosophy articulates claims with a greater potential to arrive at universal validity than projects that aim less universally, in spite of the fact that its theoretical context is always susceptible to because motive analysis. (shrink)