Trata-se de analisar a possibilidade de resolução de desacordos morais a partir de uma base contratualista e de um método construtivista. Por isso, a proposta não é apresentar, propriamente, a resposta correta para cada caso de desacordo, mas demonstrar que o recurso a uma base procedimental justificadora permite verificar a legitimidade de juízos morais-políticos em cada situação.

According to the standard objection, Kantian constructivism implicitly commits to value realism or fails to warrant objective validity of normative propositions. This paper argues that this objection gains some force from the special case of moral obligations. The case largely rests on the assumption that the moral domain is an eminent domain of special objects. But for constructivism there is no moral domain of objects prior to and independently of reasoning. The argument attempts to make some progress in the debate (...) by defending a robust conception of construction, which names a distinctive view of practical reasoning as transformative. (shrink)

Constitutivism aims to justify substantial normative standards as constitutive of practical reason. In this way, it can defend the constructivist commitment to avoiding realism and anti-realism in normative disciplines. This metaphysical debate is the perspective from which the nature of the constitutivist justification is usually discussed. In this paper, I focus on a related, but distinct, debate. My concern will not be whether the substantial normative claims asserted by the constructivist have some elements, which are not constructed, but real, given (...) independently from us; instead, my concern will be more narrowly epistemic – whether those claims can be derived from premises, which are normatively less substantial than the normative conclusions themselves. I focus on Korsgaard’s transcendental articulation of the constitutivist argument. I conclude that more work would need to be done, in order for this argument to function as intended. (shrink)

In this paper, I argue that cases of radical selftransformation (cases in which an agent willfully changes a foundational element of their motivational structure) constitute an important philosophical puzzle. Though our inclination to hold people responsible for such changes suggests that we regard radical transformation as (in some sense) self-determined, it is difficult to conceive how a transformation that extends to the heart of an agent’s practical life can be attributed to the agent at all. While I contend that the (...) best way to solve this puzzle is to deny that radical transformations are in fact self-determined, many maintain the opposite. The defense of my thesis involves showing how the conditions that must be met in order to coherently attribute transformation to an agent are not satisfied in cases of radical transformation. Radical transformation is, thus, something that happens to an agent, not something that is done by her. (shrink)

A recurrent challenge in applied ethics concerns the development of principles that are both suitably general to cover various cases and sufficiently exact to guide behavior in particular instances. In business ethics, two central approaches—stockholder and stakeholder—often fail by one or the other requirement. The author argues that the failure is precipitated by their reliance upon “universal” theory, which views the justification of principles as both independent of their context of application and universally appropriate to all contexts. The author develops (...) a contextual interpretation of “constructivism” as an alternative approach, and argues that this alternative meets the above challenge. (shrink)

The goal of the following paper is to consider the development and viability of Korsgaard’s latest work, Self-Constitution. More specifically, I show that we should understand this book as a response to difficulties with both Korsgaard’s argument in 1996’s The Sources of Normativity and Korsgaard’s earlier attempts to explain what marks the difference between realist and constructivist approaches to ethical theory. I begin by focusing primarily on her essay “Realism and Constructivism in Twentieth-Century Moral Philosophy.” Here I consider exactly how (...) Korsgaard defines constructivism and what makes constructivism different from realist approaches to ethics. I then examine Korsgaard’s two most influential books – Sources and Self-Constitution – in light of this definition. Looking at Sources I argue that there is a serious problem with Korsgaard’s attempt to develop a constructivist moral theory; more specifically, I expose a tension in Korsgaard’s claim that ethical concepts both are rooted in a philosophy of action and exist only as the solution to a concrete practical problem. I then turn to Self-Constitution. I show that a different account of the distinction between realism and constructivism is proposed, one that not only seems designed to avoid the problems that plagued Sources but also forces Korsgaard to significantly revise and retreat from earlier attempt to distinguish constructivism from realism. Finally, I argue that obstacles remain for even this more moderate account. -/- . (shrink)

Max Horkheimer does not generally receive the scholarly attention given to other ‘Frankfurt School’ figures. This is in part because his early work seems contradictory, or unphilosophical. For example, Horkheimer seems, at various points (to use contemporary metaethical terms), like a constructivist, a moral realist, or a moral skeptic, and it is not clear how these views cohere. The goal of this article is to show that the contradictions regarding moral theory exist largely on the surface, and that one can (...) go below the surface to reconstruct a coherent position. Part I will examine Horkheimer’s skeptical critique of morality, and show that it leads to the realist position discussed in part II. Part III then shows that such realism can only be understood within a larger constructivist project, which elaborates on a minimal normativity present in human experience. This reconstruction should make sense of Horkheimer’s work, and show its contemporary relevance. (shrink)

Why should we be interested in Kant's ethical theory? One reason is that we find his views about our moral responsibilities appealing. Anyone who thinks that we should treat other people with respect, that we should not use them as a mere means in ways to which they could not possibly consent, will be attracted by a Kantian style of ethical theory. But according to recent supporters of Kant, the most distinctive and important feature of his ethical theory is not (...) his claims about the particular ethical duties that we owe to each other, but his views about the nature of value. They argue that Kant has an account of the relationship between practical reason and value, known as "Kantian constructivism" that is far superior to the traditional "value realist" theory, and that it is because of this that we should accept his theory.1 It is now standard for both supporters and critics to claim that Kant's moral theory stands or falls with Kantian constructivism.2 But this is a mistake. In this paper, I sketch a rival Kantian theory of value, which I call Kantian value realism. I argue that there is textual evidence that Kant himself accepted value realism rather than constructivism. Whilst my aim in this paper is to set out the theory clearly rather than to defend it, I will try to show that Kantian value realism is preferable to Kantian constructivism and that it is worthy of further study. (shrink)

Do the introspectively ascertainable aspects of our moral experiences carry ontological objective purport—portraying reality as containing worldly moral properties and facts, thus supporting moral realism? Horgan and Timmons answer this question in the negative, arguing that their non-realist view, cognitivist expressivism, can accommodate the introspectively ascertainable moral phenomenology just as well as realism can—where accommodating the phenomenology means accounting for it without construing it as misleading or erroneous. If sound, this constitutes an important defense of cognitivist expressivism, undermining a central (...) attraction of realism. They thus pose a challenge to realists to identify any aspects of moral phenomenology that cannot be accommodated by expressivism and instead favor realism. I here take up that challenge, in two stages. First, I argue that cognitivist expressivism does not after all capture certain important aspects of the phenomenology of the sort of moral experience on which they focus, while realism does. This argument does not depend on claiming that the phenomenology has ontological objective purport. The claim so far is just that there is more to categorical authoritativeness than the expressivist account captures, though this leaves the door open to Kantian rationalism as well as realism. Second, I will go on to argue that although some aspects of moral phenomenology may only point to this broader range of views, others do specifically carry ontological objective purport and thus directly support realism insofar as we take the phenomenology seriously. (shrink)

When it comes to the metaethical task of explaining and making sense of what it is that we are doing while doing ethics, the subject of moral objectivity occupies an important and special place within that task. Thus, it is often agreed that being able to explain and justify the objective features of common moral practice is one of if not the most important task for any metaethical theory to undertake. In this dissertation, I tackle the issue of ethical objectivity (...) on behalf of metaethical constructivism. To be more precise, my aim is to make plausible, strengthen, and defend the constructivist original contribution to contemporary metaethics by developing a novel constructivist account on the objectivity of ethics. While the account that I develop herein presents a novel and independent approach to the subject of moral objectivity on behalf of constructivism, it also places itself between the two other positions within the constructivist camp that openly strive to secure ethical objectivity – namely Kantianism on the one hand, and the more recently developed Humean objectivist view on the other. It is for the latter reason that I call my own view the hybrid view. (shrink)

Do pharmaceutical companies have a moral obligation to expand access to investigational drugs to patients outside the clinical trial? One reason for thinking they do not is that expanded access programs might negatively affect the clinical trial process. This potential impact creates dilemmas for practitioners who nevertheless acknowledge some moral reason for expanding access. Bioethicists have explained these reasons in terms of beneficence, compassion, or a principle of rescue, but their arguments have been limited to questions of moral permissibility, leaving (...) for future research the question of whether expanded access is morally obligatory. We take up this further question and argue that pharmaceutical companies have a moral obligation to expand access. Our defense is not based on beneficence, compassion, or rescue, but instead on a reciprocal moral expectation resulting from existing social commitments that help ensure a robust pharmaceutical practice within the broader healthcare system. Our aim is to give this obligation, along with several others, a coherent and plausible structure within the wider clinical trial process so that one might better explain the sources of the dilemmas and their possible resolutions. (shrink)

One of the main reasons for philosophers to have embraced Humean constructivism rather than Kantian constructivism is a negative one: they believe that in the end Kantian constructivism is an unsta...

The status of constructivism as a metaethical or metanormative theory is unclear partly due to the lack of a clear semantics for central normative terms such as ‘reason’ and ‘ought’. In a series of recent papers, Sharon Street has attempted to clarify the central commitments of constructivism by focusing on the idea of a practical point of view and what follows from it. We improve upon the informal understanding provided by Street and attempt to provide a semantics for ‘ought’. Our (...) semantics respects the core intuition of the constructivist that normative claims are made true because of our practical commitments as agents and also reflects the constructivist’s commitment to the centrality of practical deliberation to normative truth. On our view, a normative claim of the form ⌜S ought to ϕ⌝ is true if ϕ is entailed from S’s set of evaluative attitudes. We argue that a virtue of our definition is that it allows us to see precisely what is distinctive about constructivism as opposed to realism and expressivism. (shrink)

For the past decade and a half, Aristotelians have tried to counter the following criticism articulated by John Doris: if we look at personality and social psychology research, we must conclude that we generally neither have, nor have the capacity to develop, character traits of the kind envisioned by Aristotle and his followers. Some defenses of Aristotelian virtue ethics proceed by trying to insulate it from this challenge, while others have tried to dissipate the force of Doris's critique by showing (...) how virtue ethics and recent findings in personality psychology share surprisingly extensive common ground. For example, in their 2009 books, Daniel Russell and Nancy Snow both argue that the empirical research regarding character complements - not undermines - virtue ethics. Specifically, each argues that the situationally sensitive Cognitive-Affective Personality System developed by Walter Mischel and Yuichi Shoda can be integrated into a virtue ethical moral philosophy and theory of character. In this paper, I raise several objections to their attempts to use the CAPS model to rehabilitate Aristotelian virtue ethics and argue that, as a result, this model has not been shown to have the promise Snow and Russell allege it has. (shrink)

According to constitutivism, the objective authority of practical reason is to be grounded in the constitutive features of agency. In this paper, I offer a brief survey of the basic structure of constitutive argument about objectivity and consider how constitutivism might dispel the worry that it can only ground a conditional kind of authority. I then consider David Enoch’s original shmagency challenge and the response in terms of the inescapability of agency. In particular, I revisit the appeal to inescapability in (...) light of Enoch’s restatement of the challenge in 'Shmagency Revisited'. I argue that the revised challenge still fails but that it helps clarify: first, the distinction between external and internal challenges to constitutivism, and, second, the existence of at least different kinds of inescapability of agency (metaphysical, psychological, and dialectical). I argue that only dialectical inescapability is helpful to show that constitutivism is a viable metanormative theory. I conclude by claiming that an internal challenge to constitutivism is still possible in principle but that the burden of proof has shifted once again to the critics of constitutivism. (shrink)

This paper interprets the relation between justice and legitimacy found in John Rawls's Political Liberalism and then applies it to the field of transitional justice. The author argues that transitional mechanisms can be better defended in terms of “legitimacy” than in “justice,” because the circumstances of transitional justice admit of reasonable disagreement over “just” public policy. In such circumstances, policy recommendations can always be construed as falling short of justice, thus raising plausible concerns over their normative justification. This paper attempts (...) to answer such concerns by justifying transitional mechanisms as morally appropriate yet less than fully just. The author explains how the concept of legitimacy facilitates such a justification and how such a justification can secure the normative grounds that are ironically threatened by investigations relying on a concept of justice. (shrink)

A recent turn in the cognitive sciences has deepened the attention on embodied and situated dynamics for explaining different cognitive processes such as perception, emotion, and social cognition. This has fostered an extensive interest in the social and ‘intersubjective’ nature of moral behavior, especially from the perspective of enactivism. In this paper, I argue that embodied and situated perspectives, enactivism in particular, nonetheless require further improvements with regards to their analysis of the social nature of human morality. In brief, enactivist (...) proposals still do not define what features of the social-relational context, or which kind of processes within social interactions, make an evaluation or action morally relevant or distinctive from other types of social normativity. As an alternative to this proclivity, and seeking to complement the enactive perspective, I present a definition of the process of moral sense-making and offer an empirically-based ethical distinction between different domains of social knowledge in moral development. For doing so, I take insights from the constructivist tradition in moral psychology. My objective is not to radically oppose embodied and enactive alternatives but to expand the horizon of their conceptual and empirical contributions to morality research. (shrink)

The exclusion argument is widely thought to put considerable pressure on dualism, if not to refute it outright. We argue to the contrary that, whether or not their position is ultimately true, dualists have a plausible response. The response focuses on the notion of ‘distinctness’ that is employed to distinguish between mental and physical properties: if ‘distinctness’ is understood in one way, the exclusion principle on which the argument rests can be denied by the dualist; if it is understood in (...) another way, the argument is not persuasive. (shrink)

In this paper I explore the possibility of explaining why there is such a thing as the good in naturalistic terms. More specifically, I seek an explanation of the fact that some things are good-for human beings and the other animals in the final sense of good: worth aiming at. I trace the existence of the final good to the existence of conscious agents. I propose that the final good for an animal is her own well-functioning as the kind of (...) creature she is, taken as an end of action, and that having this as her final good makes her better at the activity she is necessarily engaged in, namely, living. (shrink)

This paper situates the problem of defeaters in a larger debate about the source of normative authority. It argues in favour of a constructivist account of defeasibility, which appeals to the justificatory role of normative principles. The argument builds upon the critique of two recent attempts to deal with defeasibility: first, a particularist account, which disposes of moral principles on the ground that reasons are holistic; and second, a proceduralist view, which addresses the problem of defeaters by distinguishing between provisional (...) and strictly universal principles. The particularist view fails to establish that moral principles have no epistemological import, but it raises important questions about their role in practical reasoning. The proceduralist view fails to distinguish between reasoning by default and reasoning by principles, but it shows that normative principles have a structural justificatory role. The constructivist view recognizes that the moral valence of normative claims vary across contexts, but denies that this is because of holism about reasons. Rather, it defends defeasibility within a constructivist account of reasoning where universality serves as the matrix of judgment. The constructivist view vindicates the justificatory role of universal normative principles, and makes room for some ordinary sources of defeasibility, which are left unaccounted by competing views, and which depend on the agent’s own progress. (shrink)

O artigo tem o objetivo de investigar as características centrais do modelo ético coerentista utilizado por Rawls nos textos A Theory of Justice , Political Liberalism , “Kantian Constructivism in Moral Theory” , “Themes in Kant’s Moral Philosophy” , Lectures on History of Moral Philosophy , “Reply to Habermas” , The Law of Peoples , Justice as Fairness: A Restatement , Collected Papers . Especificamente, quero ver como seu construtivismo político oferece uma alternativa ao problema debatido entre realistas e antirrealistas, (...) a saber, se existem fatos morais independente das crenças ou se estes dependem da estrutura mental do agente, sendo uma alternativa tanto ao construtivismo moral kantiano como ao intuicionismo racional. Quero defender que o construtivismo político é um modelo contratualista coerentista holístico e que faz uso de uma ontologia social, conduzindo a um modelo pragmático de justificação em um âmbito público que supera este impasse em ontologia moral. Para tal, inicio com a controvérsia entre realistas e antirrealistas e, após, analiso a teoria rawlseana à luz deste debate. Por fim, procuro estabelecer algumas considerações conclusivas sobre este problema.This paper aims to investigate the core characteristics of the ethical coherentist model used by Rawls,in texts such as A Theory of Justice , Political Liberalism , “KantianConstructivism in Moral Theory” , “Themes in Kant’s Moral Philosophy” , Lectureson History of Moral Philosophy , “Reply to Habermas” , The Law ofPeoples , Justice as Fairness: A Restatement , Collected Papers . Morespecifically, I wish to see how his political constructivism provides an alternative to the problem thatrealists and anti-realists discuss, i.e., whether moral facts exist regardless of beliefs or if it there areonly in the structure of the agent’s mind, an alternative both for Kant’s moral constructivism and forrational intuitionism. I wish to point out that the political constructivism is a coherentist holisticcontractarian model and use a social ontology leading to a pragmatic justification model in the publicdomain that go beyond of this moral ontology impasse. Therefore, I will start with the controversybetween realists and anti-realists and after I will analyze the rawlsean theory in light of this debate. Inthe end, I try to show some concluding remarks about this problem. (shrink)

The paper links Cavell's early criticism of Rawls's “Two Concepts of Rules” to the later criticism of TJ. In his early paper, Rawls enacts a certain type of foundationalist response to the practical skeptic, commonly referred to nowadays as the constitutive move. While sympathetic to the move itself, Cavell's criticism targets a conception of the nature of moral discussion that arises when the move is as it were read into ordinary moral encounters. Cavell's later criticism rehearses the structure of its (...) precursor. In TJ, the conversation of justice takes the shape of seeking legitimacy, aiming at a level where the limits of our responsibility are predetermined and clearly marked. But this shape stifles the possibility of the kind of conversation whose point is to assess, here and now, what our identification with our society amounts to and what the significance of the choices we make as members of this society exactly is. Having the structure of the earlier criticism in view furthers the understanding of Emersonian Moral Perfectionism, and sheds light on some of its enigmatic features, such as the relevance of Kant's notion of reflective judgment to moral thinking and the essentiality of the friend to perfectionist assent. (shrink)

The ideal of personal autonomy faces a challenge from advocates of orthonomy, who think good government should displace self-government. These critics claim that autonomy is an arbitrary kind of psychological harmony and that we should instead concentrate on ensuring our motivations and deliberations are responsive to reasons. This paper recasts these objections as part of an intramural debate between approaches to autonomy that accept or reject the requirement for robust rational capacities. It argues that autonomy depends upon such responsiveness to (...) reasons, countering objections that ‘externalist’ rationalist criteria strip the self from self-government. (shrink)

This dissertation is a defence of metaphysical ethical naturalism according to which there is a moral reality which is part of the natural world. The implication of this view is that moral properties, such as moral goodness, justice, compassion and so forth are part of the natural world, and inquiries concerning these moral entities are conducted in similar empirical ways of reasoning to that in which scientific inquiries are conducted. I defend metaphysical ethical naturalism by a variety of explanationist argument (...) in the tradition of Cornell realism. I examine preceding proposals for this argument, and focus on one version of it, which I call ‘the abductive argument for moral realism’. Although there was a suggestion about the abductive argument, the argument has not been discussed enough in the literature. This dissertation is a defence and discussion about the abductive argument which has not been properly examined. The defence of the argument requires the examination of how first-order ethical theory can be developed in the similar empirical ways scientific theories are developed. This will be an attempt to show the analogy between scientific inquiries and ethical inquiries. Describing the analogy between science and ethics, I will argue that the analogy can be best explained in terms of the approximate truth of normative theory which implies the existence of mind-independent natural moral properties. (shrink)

According to normative judgment internalism (NJI), normative judgments -- that is, judgments of the form 'I ought to F' and the like -- are "essentially practical", in the sense that they are in some way essentially connected to practical reasoning, or to motivation for action. Many metaethicists believe that if NJI is true, then it would cast grave doubts on any robustly realist (RR) conception of normative judgments. These metaethicists are mistaken. This mistake about the relations between NJI and RR (...) seems to be due to hasty and undefended assumptions about the nature of belief. Any philosophical conception of belief that has the resources to deal with Frege's Puzzle (how to explain the apparent failures of referential transparency in belief ascriptions) will also have the resources to reconcile NJI and RR with respect to normative judgments. (shrink)

My claim in this essay is that Kierkegaard’s concept of “the single individual” is a precursor of “the normative question” in Christine Korsgaard’s The Sources of Normativity. The normative question refers to what one asks oneself when considering whether one is obligated by a particular moral claim, and it essentially serves to illustrate the necessity of justifying these claims from a first-person perspective. The single individual is a concept Kierkegaard employs throughout his works to emphasize the first-person perspective that an (...) individual must bring to bear on issues of existential significance. I analyze the correlations between Kierkegaard’s notion of the single individual and Korsgaard’s notion of normativity, and suggest what these correlations more broadly indicate about moral theory. (shrink)

Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...) argues that the empirically based analysis can generate criteria for assessing whether the normative theory successfully works out a solution, thereby developing a functionalist structure of justification. He further argues that this interpretation overcomes a longstanding criticism of constructivism, namely, that the use of substantive moral concepts in the hypothetical choice procedure biases the defense of principles in a particular direction and therefore begs important philosophical questions. (shrink)