Despite all the attention given to Kant’s universalizability tests, one crucial aspect of Kant’s thought is often overlooked. Attention to this issue, I will argue, helps us resolve two serious problems for Kant’s ethics. Put briefly, the first problem is this: Kant, despite his stated intent to the contrary, doesn’t seem to use universalization in arguing for duties to oneself, and, anyway, it is not at all clear why duties to oneself should be grounded on a procedure that envisions a (...) world in which everyone wills the contrary of those duties. The second, more global problem is that if we follow Barbara Herman in holding that Kantian ethics can provide a structure for moral deliberation, we need an interpretation of the universalization procedure that unproblematically allows it to generate something like prima facie duties to guide that deliberation; but it is not at all clear that we have such an interpretation. I argue here that if we expand our limited way of thinking about universalization, we can solve the first problem and work towards a solution to the second. We can begin by recalling that Kant’s ‘Law of Nature’ formulation (FLN) of the Categorical Imperative obligates us to ‘act as if the maxim of your action were to become by your will a universal law of nature’ (G, 421). (shrink)

Many forms of contemporary morality treat the individual as the fundamental unit of moral importance. Perhaps the most striking example of this moral vision of the individual is the contemporary global human rights regime, which treats the individual as, for all intents and purposes, sacrosanct. This essay attempts to explore one feature of this contemporary understanding of the moral status of the individual, namely the moral significance of a subject’s actual affective states, and in particular her cares and commitments. I (...) argue that in virtue of the moral significance of actual individuals, we should take actual cares and values very seriously—even if those cares and values are not expressions of the person’s autonomy—as partially constituting that individual as a concrete subject who is the proper object of our moral attention. In particular, I argue that a person’s actual cares and values have non-derivative moral significance. Simply because someone cares about something, that care is morally significant. In virtue of this non-derivative moral significance of cares, we ought to adopt of a commitment to accommodate others’ cares and a commitment not to frustrate their cares. (shrink)

This critical survey of recent work on Kant's doctrine of the fact of reason and his doctrine of the practical postulates (of freedom, God, and immortality) assesses the implications of these doctrines for the debate about realism and antirealism in Kant's moral philosophy. Section 1 briefly surveys some salient considerations from the first Critique and Groundwork. In section 2, I argue that recent work on the role, content, "factual" nature, and epistemic status of the fact of reason does not support (...) an anti-realist interpretation of Kant's ethics. In section 3, I argue that recent work on the derivation and epistemic and ontological status of the practical postulates does not support an anti-realist interpretation of Kant's ethics. (shrink)

Consider the utterances ‘our friendship is valuable’ and ‘I value our friendship’. On the face of it, these aren’t semantic equivalents: the former ascribes a property to our friendship, whereas the latter reports something about how I relate to our friendship. In this short paper, I first outline Samuel Scheffler’s account of valuing and of the difference between valuing and considering valuable. I then propose an amendment to his account of valuing, one which concerns how we interact with our value-related (...) emotions. Subsequently, I argue against Scheffler’s view of the distribution of valuing and considering valuable in the world. While I don’t deny that considering valuable without valuing is conceptually possible and indeed instantiated, I disagree that it’s typical within our evaluative lives. Next, I consider an obvious response to my empirical claim and sketch a dilemma which accompanies that response. Finally, I highlight two limits of my empirical claim. (shrink)

Kantian ethics has struggled terribly with the challenge of incorporating non-human animals as beings to which we can owe obligations. Christine Korsgaard’s Fellow Creatures is a bold, substantial attempt to meet that challenge. In this essay review, I set the scene for the book’s core argument, offer a reconstruction of that argument, and reflect on its strengths and limitations, arguing that it is ultimately unconvincing.

It is a philosophical truism that we must think of others as moral agents, not merely as causal or statistical objects. But why? I argue that this follows from the best resolution of an antinomy between our experience of morality as necessarily binding on the will and our knowledge that all moral beliefs originate in contingent histories. We can address this antinomy only by understanding moral deliberation via interpersonal relationships, which simultaneously vindicate and constrains morality’s bind on the will. This (...) means that moral agency is fundamentally social. I model an attitude toward our causal nature on sociologist Erving Goffman’s concept of ‘civil inattention’; our social practice of agency requires that we give minimal attention to the contingent origins of moral judgments in ourselves and others. Understood this way, seeing ourselves as moral agents requires avoiding appeal to causal aetiology to settle substantive moral disagreement. (shrink)

Consider a binary afterlife, wherein some people go to Heaven, others to Hell, and nobody goes to both. Would such a system be just? Theodore Sider argues: no. For, any possible criterion of determining where people go will involve treating very similar individuals very differently. Here, I argue that this point has deep and underappreciated implications for moral philosophy. The argument proceeds by analogy: many ethical theories make a sharp and practically significant distinction between persons and non-persons. Yet, just like (...) in the binary afterlife, this involves treating very similar individuals very differently. I propose two ways out. The first is to deny that such theories are strictly speaking true, but to claim that it is practically best if people adopt them. The second is to modify such theories so as to allow for continuous variation in the scope and strength of the moral obligations arising from personhood. (shrink)

In Self-Constitution, I argue that the principles governing action are “constitutive standards” of agency, standards that arise from the nature of agency itself. To be an agent is to be autonomousl...

We all have agent-relative permissions to give extra weight to our own well-being. If you and two strangers are drowning, and you can save either yourself or two strangers, you have an agent-relative permission to save yourself. But is it possible for you to ‘vest’ your agent-relative permissions in a third party – a ‘proxy’ – who can enact your agent-centered permissions on your behalf, thereby permitting her to do what would otherwise be impermissible? Some might think that the answer (...) is ‘no’; it is definitive of agent-centered permissions that they apply only to the individuals ineliminably referenced in the content of that reason, which means that they lack reason-giving force for any ostensible proxy. The purpose of this paper is to show that vesting agent-relative permissions is indeed possible, provide an account of how agent-relative permissions are vested by considering the structure of rights more generally, and show that we have a right to vest such permission in this way. (shrink)

Interactions between an intelligent software agent and a human user are ubiquitous in everyday situations such as access to information, entertainment, and purchases. In such interactions, the ISA mediates the user’s access to the content, or controls some other aspect of the user experience, and is not designed to be neutral about outcomes of user choices. Like human users, ISAs are driven by goals, make autonomous decisions, and can learn from experience. Using ideas from bounded rationality, we frame these interactions (...) as instances of an ISA whose reward depends on actions performed by the user. Such agents benefit by steering the user’s behaviour towards outcomes that maximise the ISA’s utility, which may or may not be aligned with that of the user. Video games, news recommendation aggregation engines, and fitness trackers can all be instances of this general case. Our analysis facilitates distinguishing various subcases of interaction, as well as second-order effects that might include the possibility for adaptive interfaces to induce behavioural addiction, and/or change in user belief. We present these types of interaction within a conceptual framework, and review current examples of persuasive technologies and the issues that arise from their use. We argue that the nature of the feedback commonly used by learning agents to update their models and subsequent decisions could steer the behaviour of human users away from what benefits them, and in a direction that can undermine autonomy and cause further disparity between actions and goals as exemplified by addictive and compulsive behaviour. We discuss some of the ethical, social and legal implications of this technology and argue that it can sometimes exploit and reinforce weaknesses in human beings. (shrink)

Despite the recent backlash against epistemic consequentialism, an explicit systematic alternative has yet to emerge. This paper articulates and defends a novel alternative, Epistemic Kantianism, which rests on a requirement of respect for the truth. §1 tackles some preliminaries concerning the proper formulation of the epistemic consequentialism / non-consequentialism divide, explains where Epistemic Kantianism falls in the dialectical landscape, and shows how it can capture what seems attractive about epistemic consequentialism while yielding predictions that are harder for the latter to (...) secure in a principled way. §2 presents Epistemic Kantianism. §3 argues that it is uniquely poised to satisfy the desiderata set out in §1 on an ideal theory of epistemic justification. §4 gives three further arguments, suggesting that it (i) best explains the objective normative significance of the subject's perspective in epistemology, (ii) follows from the kind of axiology needed to solve the swamping problem together with modest assumptions about the relation between the evaluative and the deontic, and (iii) illuminates certain asymmetries in epistemic value and obligation. §5 takes stock and reassesses the score in the debate. (shrink)

The notion of an agent and the notion of a self are connected, for agency is one role played by the self. Millgram argues for a disunity thesis of agency on the basis of extreme incommensurability across some major life events. We propose a similar negative thesis about the self, that it is composed of relatively independent threads reflecting the different roles and different mind-sets of the person's life. Our understanding of those threads is based on theories of the narrative (...) construction of the self. Our disunity thesis is that there need be no overarching narrative that unifies those narrative threads. To explain how the threads hang together to produce coherent action, we make these positive claims: control normally switches smoothly and unconsciously between threads as circumstances require, within one thread there is likely to be acknowledgment of other threads, some situations require a temporary blending of threads, and some plans and policies reach across different threads and contribute to some coordination among them. Our account of a self provides an account of agency that has merits in comparison to Millgram's. Our narrative approach allows explanations of actions beyond rational deliberation. (shrink)

This essay examines the citizen's apparent agelessness that is foundational to liberal democratic theories. By engaging the notion of citizenship rights, Lanoix challenges this assumed perpetual adulthood and argues for a new way of conceptualizing the citizen. The broader notion of citizen as cohabitant allows for the changing relationship a citizen will have with her citizenship rights and accommodates individuals who are not self-governing but who, nonetheless, share a democratic space.

In this paper, I explore the possibility of developing a Kantian account of the ethics of belief by deploying the tools provided by Kant's ethics. To do so, I reconstruct epistemic concepts and arguments on the model of their ethical counterparts, focusing on the notions of epistemic principle, epistemic maxim and epistemic universalizability test. On this basis, I suggest that there is an analogy between our position as moral agents and as cognizers: our actions and our thoughts are subject to (...) the same rational norm. (shrink)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (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.

This paper considers the applicability of expressive theories of punishment to the punishment of corporate entities. The author argues that although arguments which suggest that the denunciatory account is superior to a communicative account in paradigmatic cases of punishment cannot be transferred straightforwardly to cover this kind of case, there are other reasons, connected with the different attitudes we have to regret and remorse in individual and collective cases, for preferring a communicative to a denunciatory account here.

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)

There are two primary traditions in philosophical theorizing about moral standing—one emphasizing Experience (the capacity to feel pain and pleasure) and one emphasizing Agency (complexity of cognition and lifestyle). In this article we offer an explanation for this divide: Lay judgments about moral standing depend importantly on two independent cues (Experience and Agency), and the two philosophical traditions reflect this aspect of folk moral cognition. In support of this two-source hypothesis, we present the results of a series of new experiments (...) providing evidence for our account of lay judgments about moral standing, and argue that these results lend plausibility to the proposed causal link between folk moral cognition and the philosophical traditions. (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)

ABSTRACTCommentators have generally seen the compassionate person as a second-rate character vis-à-vis the ascetic ‘saint’ who denies the will-to-life and resigns from willing altogether in Schopen...

The main purpose of the paper is to present a new framework of meta-ethics which I call the Functional Model of Analysis. It presupposes that the most important meta-ethical question is not “What is the meaning of normative words, sentences and what is the ontological fabric of the moral world?” but “What should morality and ethics be for?”. It is a form of meta-ethics that focuses on finding theoretical resources that can be helpful in understanding ongoing ethical debates between disciples (...) of Aristotle, Epicurus, the Stoics, Augustine, Hobbes, utilitarians and Kant, and in building normative ethical theories that can help us to answer normative questions. As an example of such output I will present a formal sketch of Hybrid Function Consequentialism – a normative ethical theory based upon the meta-ethical framework proposed here. (shrink)

Although it does not appear on many traditional lists of the virtues, respect for human dignity is an important virtue in its own right that is characterized as much by emotions as by other mental states and actions. The virtue of respect for human dignity essentially involves the dispositions to feel the emotion of respect for the dignity of others and an emotional sense of one’s own dignity. As exemplified by Nelson Mandela, this virtue also involves a keen perceptual sensitivity (...) to humiliating and degrading treatment, along with dispositions to protest, correct, and prevent such treatment. The person with the virtue of respect for human dignity also will be disposed to feel indignation toward willful violations of human dignity, compassion for those whose dignity is violated, and various positive emotions in response to victories for human dignity. Although this virtue closely resembles other, more widely recognized, virtues, such as justice and love, it nevertheless is appropriate to treat respect for human dignity as a distinct virtue, as well as an emotion. (shrink)

It is common, in current literature on the topic at hand, to distinguish two kinds of reasons for action: justificatory reasons, which answer questions about what we ought to do, and explanatory reasons, which explain what we actually do. Internalism is a thesis about justificatory reasons—that is, the kind of reasons we are in search of when we deliberate about what to do or advise others about what they ought to do. Of course, since internalism traces justificatory reasons to the (...) subjective motivations of those to whom the reasons apply, and since these motivations play a central role in explaining actions, the doctrine implies that there is a close relation—perhaps even a relation of identity—between justificatory and explanatory reasons. Still, the main proponents of internalism have presented it, in the first instance, as a thesis about justificatory reasons. What I hope to show is that internalism cannot be accepted as a limitation on justificatory reasons because it cannot coherently be accepted in the course of first-person deliberation; and it ought not to be accepted when offering advice. To think otherwise, I will argue, is to reverse the ‘direction of gaze’ appropriate to deliberation, mistaking the psychological states that shape our view of justificatory reasons for the justificatory reasons they bring into view. The upshot of this reversal is to make justification far too easy to come by, and to render it obscure what we are doing when we pause to consider whether we really have the reasons that we are disposed to think we have. (shrink)

Legal domains concerned with deception often recognize and regulate cases of negligent deception. The philosophical discussion of deception should follow suit, shifting from an exclusive focus on deception-as-wrongful-manipulation to a broader panorama that includes negligent deception and contemplates cases in which negligent deception may be wrong even when intentional deception about the same information may be permissible. Interesting philosophical questions then arise about what distinguishes negligent deception from mere misunderstandings and mistakes. Those questions require further thought about how relationships involve (...) epistemic cooperation and interdependence, and when such relationships generate responsibility for others’ mental contents. (shrink)

Ralph Waldo Emerson is often seen as the early American prophet of autonomy. This essay suggests a perhaps surprising fellow traveler in this prophetic call: Joseph Smith. Smith opposed religious creeds for the same reason that Emerson denounced them, namely that creeds represent a threat to the autonomy of a person's beliefs. Smith and Emerson also forward similar defenses of individual autonomy in action. Furthermore, they encounter a shared problem: how can autonomy be possible in a society where other individuals (...) hold some kind of authority? I propose that each thinker resolves this tension through an insight with a Kantian echo. A suitably qualified version of authority can sometimes count as an expression of, rather than hindrance to, autonomy. I describe the overlap in Emerson and Smith as a “frontier” version of Kantianism. They favor determining one's own beliefs and actions in a way that looks forward to an open future of possibility. (shrink)

This paper examines the resources of Kantian ethics to establish corporate moral responsibility. I defend Matthew Altman’s claim that Kantian ethics cannot hold corporations morally responsible for corporate malfeasance. Rather than following Altman in interpreting this inability as a reason not to use Kantian ethics, however, I argue that the Kantian framework is correct: business ethicists should not seek to hold corporations morally responsible. Instead, they should use Kantian resources to criticize the actions of individual businesspeople. I set forth a (...) model for decomposing business actions into their individual parts and reconstituting them in a context-specific “maxim” that Kantian ethics can evaluate. The reconstituted form of Kantian ethics that I defend is better able to manage decision-making complexity than traditional interpretations. To demonstrate the usefulness of my approach, I apply it to the recent Wells Fargo bogus-accounts scandal. (shrink)

According to the view we may term “strong cognitivism”, all reasons for action are rooted in normative features that the motivated subject takes objects to have independently of her attitudes towards these objects. The main concern of this paper is to argue against strong cognitivism, that is, to establish the view that conative attitudes do provide subjects with reasons for action. The central argument to this effect is a top-down argument: it proceeds by an analysis of the complex phenomenon of (...) love and derives a conclusion regarding the nature of more basic mental phenomena—particular desires. More specifically, its starting point is the crude intuition that the significance conferred by love upon its objects is of a distinctively personal kind—an intuition that is expressed by the apparent non-substitutability of two similar subjects only one of whom is loved with respect to their importance for the lover. I argue that the initial notion of non-substitutability can be refined and modified so as to form a real challenge to all versions of strong cognitivism and to establish the existence of attitude-dependent reasons. (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 offers a revisionary interpretation of Sartre's early views on human freedom. Sartre articulates a subtle account of a fundamental sense of human freedom as autonomy, in terms of human consciousness being both reasons-responsive and in a distinctive sense self-determining. The aspects of Sartre's theory of human freedom that underpin his early ethics are shown to be based on his phenomenological analysis of consciousness as, in its fundamental mode of self-presence, not an object in the world. Sartre has a (...) multi-level theory of the reasons-sensitivity of consciousness. At one level, consciousness's being alive to reasons is a matter of the affective perception of values and disvalues as features of phenomenal objects. This part of his theory, a development of Scheler's, is, however, situated within a broader phenomenological analysis resulting in the claim that the ultimate reasons acknowledged by consciousness neither are nor justifiably could be values adequately presentable as intentional objects. Consciousness's ultimate reasons are, in this sense, not given by the world but by itself. Section 4 reconstructs and assesses Sartre's argument that consciousness cannot rationally have an ultimate end other than self-transparent freedom itself. (shrink)

T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of the (...) "Profligate Pal," will show that this view of promissory obligation, which I call the Expectations View, is incorrect. In its place, I propose an account of promissory obligation I call Promising as Accountability, according to which promising is a way of making oneself accountable to others for a future act. Not only is Promising as Accountability a more defensible approach to promissory obligation, it also better fits with certain general features of Scanlon's contractualism. (shrink)

Some philosophers object that Kant's respect cannot express mutual recognition because it is an attitude owed to persons in virtue of an abstract notion of autonomy and invite us to integrate the vocabulary of respect with other persons-concepts or to replace it with a social conception of recognition. This paper argues for a dialogical interpretation of respect as the key-mode of recognition of membership in the moral community. This interpretation highlights the relational and practical nature of respect, and accounts for (...) its governing role over other persons-regarding concepts. (shrink)

This essay outlines a normative theory of reparations for transitional democracies. The article situates the theory within current critical‐theory debates on recognition and redistribution, and it argues that any model of reparations should aim to achieve what Nancy Fraser calls “status parity.” Such a model should be conceptualized according to a typology of acknowledgment along one axis (symbolic and material) and a typology of recipients (individual and collective) along the other. I conclude by identifying several key contributions that reparations can (...) make to transitional societies. (shrink)

It is argued that reasonable partiality allows an agent to attach value to particular objects of attachment via recognition of the value of the holding of that relation between agent and object. The reasonableness of partiality is ensured by a background context set by the agent's virtues, notably justice. It is argued that reasonable partiality is the only view that is compatible with our best account of the nature of self-knowledge. That account rules out any instrumental relationship between moral demands (...) and moral character, but that familiar claim is given an unfamiliar explanation. Instrumentality depends on a prior objectification of the self and it is that kind of objectification that, in the ethical case, represents a form of ethical evasion. Self-knowledge is transparent, incomplete and essentially connected with first person endorsement. The transparency condition is that knowledge of one's state of mind is "taken" transparently to its object. More specifically, ethical transparency is the feature that my virtues do not exhibit themselves to me in self-knowledge, but take me transparently to the way in which they saliently represent the world as containing evaluative properties calling for various forms of response. It is concluded that reasonable partiality grounded in the nature of the virtues is the only reflective account of morality compatible with the most plausible account of the nature of self-knowledge. The demands of impartiality are incompatible with a condition of having a personal point of view, namely, that a self can stand in a non-alienated relation to itself via its capacity for self-knowledge. (shrink)

This is a survey article in which I explore some important recent work on the topic in question, Kant’s formula of the end in itself (or “formula of humanity”). I first provide an overview of the formulation, including what the formula seems roughly to be saying, and what Kant’s main argument for it seems to be. I then call the reader’s attention to a variety of questions one might have about the import of and argument for this formula, alluding to (...) some of the works in which philosophers have recently raised or tried to answer these questions. Then, for the bulk of the paper, I focus my discussion on two issues of contention: the identity of the “end in itself” that the formula refers to, and the relation between the value of the end in itself and the value of other ends. I do not attempt to argue for a particular position of my own regarding these issues. Instead, I explain a number of the more interesting or influential recent attempts to answer these questions, compare these approaches in various ways, draw implications from them, and raise concerns about some of them. I also suggest that an important link connects the question about the identity of the end in itself and the question about the relation between the value of the end in itself in relation to the value of other ends: How one answers these questions commits one to a position on the thorny issue of whether, how, and how fully, autonomy is manifested through empirical (not simply pure) practical reason. (shrink)

In her seminal attack on modern moral philosophy, G. E. M. Anscombe claims that Kant's ‘rule about universalizable maxims is useless without stipulations as to what shall count as a relevant description of an action with a view to constructing a maxim about it’. Although this so-called problem of relevant descriptions has received considerable attention in the literature, there is little agreement on how it should be understood or solved. My aim in this paper is, first, to clarify the problem (...) by clearing up several misunderstandings, and, second, to show that the problem is rooted in a standard assumption about Kant's stance on the scope of moral principles—an assumption that precludes its solution. I argue that the problem consists in the fact that Kant's formula of universal law seems to stand in need of an account of moral sensibility that does not render the formula superfluous. But, as my discussion of existing solutions reveals, there can be no such account. Instead, I propose a dissolution: we should think of the formula of universal law itself as Kant's account of moral sensibility. In order to do so, we must reject the standard assumption that a principle is universal if and only if it holds for all instances of the action type that it specifies. (shrink)

This article argues that Christine Korsgaard gives two accounts of maxims, the identity-priority account and the form-priority account. There is a tension between the accounts because Korsgaard's form-priority maxims account cannot function apart from the identity of a well-formed agent that precedes and tests maxims to determine if they should count as reasons or laws, and Korsgaard's identity-priority maxims account needs the form of the maxim to precede, bind, and constitute the well-formed agent. This tension mirrors the two sides of (...) what Korsgaard has called the “paradox of self-constitution.” The article concludes that Korsgaard's paradox of self-constitution leads to an arbitrariness that undermines the formation of moral laws. (shrink)

I argue that Christine Korsgaard's Kantian constructivism cannot accommodate our obligations to others. Because she holds that all of our obligations are grounded in our obligating ourselves, she is committed to the view that our obligations to others are grounded in corresponding obligations to ourselves. Yet this conclusion is objectionable on substantive moral grounds. The problem is that she embraces an egocentric conception of authority, on which we originally have the authority to obligate ourselves whereas others only have the authority (...) to obligate us because we grant it to them. The solution is to adopt a more thoroughly social conception of authority and autonomy. (shrink)

Managers of multinational companies often favour an aggressive tax avoidance strategy that pushes the legal limits onto the advantage of shareholders and the disadvantage of the spirit of democratically legitimized tax laws. The public and media debate whether such aggressive behaviour is immoral. Aggressive tax avoidance is a subset of the aggressive legal interpretations potentially observable in all fields which places little weight on the will of a democratically legitimized legislation. A thorough ethical analysis based on the deontological approach of (...) Kant demonstrates that aggressive tax avoidance as a special case of operating on the edge of legal boundaries is potentially immoral. Applying the Kantian “contradiction of conception or will” test shows that this maxim might not be conceived or willed as a general law of nature. If all natural or legal persons aggressively interpret laws on all subjects and in every imaginable situation, then central principles of the system of law we all rely upon would be severely compromised. Therefore, aggressive tax avoidance by managers of multinational companies may violate the managers’ moral duty to obey not only the letter but also the intention or spirit of the law. The validity of the argumentation depends critically on the formulation and interpretation of the respective maxims and on assumptions about the legal system. Preserving central elements of Kantian philosophy, the article demonstrates the complexity of a philosophical argumentation which tries to justify the moral intuitions that underpin the common negative evaluation of aggressive legal strategies in business. (shrink)

This paper introduces a referential reading of Kant’s practical project, according to which maxims are made morally permissible by their correspondence to objects, though not the ontic objects of Kant’s theoretical project but deontic objects (what ought to be). It illustrates this model by showing how the content of the Formula of Universal Law might be determined by what our capacity of practical reason can stand in a referential relation to, rather than by facts about what kind of beings we (...) are (viz., uncaused causes). This solves the neglected puzzle of why there are passages in Kant’s works suggesting robust analogies between mathematics and ethics, since to universalize a maxim is to test a priori whether a practical object with that particular content can be constructed. An apparent problem with this hypothesis is that the medium of practical sensibility (feeling) does not play a role analogous to the medium of theoretical sensibility (intuition). In response I distinguish two separate Kantian accounts of mathematical apriority. The thesis that maxim universalization is a species of construction, and thus a priori, turns out to be consistent with the account of apriority that informs Kant’s understanding of actual mathematical practice. (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)

This paper argues that to understand the varieties of wrongs done in coercion, we should examine the dynamic normative relation that the coercer establishes with the coerced. The case rests on a critical examination of coercion by threat, which is proved irreducible to psychological inducement by overwhelming motives, obstruction of agency by impaired consent or deprivation of genuine choice. In contrast to physical coercion, coercion by threat requires the coercee’s participation in deliberation to succeed. For this kind of coercion to (...) be successful, there must be a normative relation established by the coercer and the coercee, in which they recognize each other as rational agents. In such cases, the coercee is wronged in the exercise of her deliberative powers. As a consequence, this form of coercion does not cancel the coercee’s moral responsibility for coerced action. Reclaiming the coercee’s responsibility for action under threat does not diminish the visibility and gravity of the coercer’s wrongdoing. On the contrary, it allows us to capture some features of the coercive relation that otherwise remain unfocused and thus identify the distinctive ways in which the coercee is wronged. (shrink)

A definitive feature of Kant's moral philosophy is its rationalism. Kant insists that moral theory, at least at its foundation, cannot take account of empirical facts about human beings and their circumstances in the world. This is the core of Kant's commitment to ‘metaphysics of morals’, and it is what he sees as his greatest contribution to moral philosophy. The paper clarifies what it means to be committed to metaphysics of morals, why Kant is committed to it, and where he (...) thinks empirical considerations may enter moral theory. The paper examines recent work of contemporary Kantians who argue that there is a central role for empirical considerations in Kant's moral theory. Either these theorists interpret Kant himself as permitting empirical considerations to enter, or they propose to extend Kant's theory so as to allow them to enter. With some qualifications, I argue that these interpretive trends are not supported by the texts, and that the proposed extensions are not plausibly Kantian. Kant's insistence on the exclusion of empirical considerations from the foundations of moral theory is not an incidental feature of his thought which might be modified while the rest remains unchanged. Rather, it is the very centre of his endeavours in moral philosophy. If we disagree with it, I argue, we have grounds for moving to a distinctly different theoretical framework. (shrink)