Se examina la relación, ampliamente discutida, entre ética y derecho en el marco de la filosofía práctica kantiana. Para esclarecer algunas observaciones de La metafísica de las costumbres, se analiza el concepto de derecho y la distinción entre legislación ética y jurídica. Con la consideración de la libertad como derecho innato se reconstruyen diversas interpretaciones sobre la relación entre ética y derecho, para mostrar que, pese a la relación inescindible ente ambos, su especificidad no permite considerar la filosofía jurídica como (...) mera derivación de la filosofía moral. (shrink)

Se examina la relación, ampliamente discutida, entre ética y derecho en el marco de la filosofía práctica kantiana. Para esclarecer algunas observaciones de La metafísica de las costumbres, se analiza el concepto de derecho y la distinción entre legislación ética y jurídica. Con la consideración de la libertad como derecho innato se reconstruyen diversas interpretaciones sobre la relación entre ética y derecho, para mostrar que, pese a la relación inescindible ente ambos, su especificidad no permite considerar la filosofía jurídica como (...) mera derivación de la filosofía moral. The article examines the -widely argued- relationship between ethics and right within the frame of Kant's practical philosophy. In order to clear up some observations made on The Metaphysics of Morals, the article analyzes the distinction between legal and ethical legislation. Taking into consideration freedom as an innate right, the article reconstructs various different interpretations regarding the relationship between ethics and right. This tries to show that, although the relationship in question is inseparable, its specificity does not allow to consider philosophy of law as a mere derivation of moral philosophy. (shrink)

Recently, there has been some discussion about the relationship between Kant's conception of right (the sphere of juridical rights and duties) and his moral theory (with the Categorical Imperative as its fundamental norm). In section 1, I briefly survey some recent contributions to this debate and distinguish between two different questions. First, does Kant's moral theory (as developed in the Groundwork and the Critique of Practical Reason ) imply , or validate, a Kantian conception of right (as developed in the (...) first part of the Metaphysics of Morals , the Doctrine of Right)? In other words, is the Categorical Imperative sufficient to show that the fundamental principles of right are normatively valid? Second, does Kant's conception of right presuppose his moral theory? In other words, is the Categorical Imperative necessary to show that the basic principles of right are normatively valid? In this paper, I will be primarily concerned with defending a negative answer to the first of these questions. In section 2, I will discuss Paul Guyer's attempt to vindicate a positive answer to the same question. In section 3, reasons will be given why any attempt to derive Kant's conception of right from the Categorical Imperative must fail because of the analytic connection between right and coercion. (shrink)

Several interpreters argue that Kant believes we have a duty to act “from duty.” If there is such a duty, however, then Kant's moral theory faces a serious problem, namely that of an allegedly vicious infinite regress of duties. No serious attempt has been made to determine how Kant might respond to this problem and insufficient work has been done to determine whether he even believes we have a duty to act from duty. In this paper I argue that not (...) only does Kant not hold that there is a duty to act from duty, but he also explicitly rejects the idea. (shrink)

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

Since more than 50 years Kant scholars debate the question whether the Law of Right as introduced in the Metaphysics of Morals by Kant can be justified by the Categorical Imperative. On the one hand we have those who think that Kant's theory of right depends from the Categorical Imperative, on the other hand we find a growing group of scholars who deny this. However, the debate has been flawed by confusion and misunderstanding of the crucial terms and principles. Therefore, (...) my first task will be to clarify these terms and principles by introducing distinctions that have been neglected too often. After this I try to show a) that the Law of Right can in fact be justified by using the testing method the Categorical Imperative prescribes and b) that there is no other way to justify it. Doing this I criticize in detail the new arguments adherents of the independence thesis have recently put forward. (shrink)

: Most contemporary attempts to draw inspiration from Kant's cosmopolitan project focus exclusively on the prescriptive recommendations he makes in his article, ‘On Perpetual Peace’. In this essay, I argue that there is more to his cosmopolitan point of view than his normative agenda. Kant has a unique and interesting way of problematizing the way individuals and peoples relate to one another on the stage of world history, based on a notion that human beings who share the earth in common (...) ‘originally’ constitute a ‘commercium’ of thoroughgoing interaction. By unpacking this concept of ‘commercium’, we can uncover in Kant a more critical perspective on world history that sets up the cosmopolitan as a specific kind of historical-political challenge. I will show that we can distinguish this level of problematization from the prescriptive level at which Kant formulates his familiar recommendations in ‘Perpetual Peace’. I will further show how his particular way of framing the cosmopolitan problematic can be expanded and expatiated upon to develop a more critical, reflexive, and open-ended conception of cosmopolitan thinking. (shrink)

I criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature.Weak provisionalityholds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast,strong provisionalityholds that making property claims in the state of nature wrongs others. I argue for a third view,anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate (...) a condition in which the authority to make such claims can no longer be unilaterally determined. (shrink)

This article builds on Arendt’s development of a Kantian politics from out of the conception of reflective judgment in the Critique of Judgment. Arendt looks to Kant’s analysis of the beautiful to explain how political thought can be conceived. And yet Arendt describes such Kantian reflection as an empirical undertaking that justifies itself only in relation to the abstract principle of the moral law. The problem for such an account is that the autonomy of the moral law appears to be (...) at odds with the social cohesion of Kantian political life. The ensuing contradiction can be deemed the antinomy of political judgment. Kant’s conception of reflective judgment offers such an inquiry considerably more to work with than Arendt uncovers. In particular, the regulative principle of the purposiveness of nature that is shown to direct all reflection can be seen to offer the solution to this antinomy. (shrink)

Kant argues that morals should not only constrain politics, but that morals and politics properly understood cannot conflict. Such an uncompromising stance on the relation of morals to politics has been branded unrealistic and even politically irresponsible. While justice can afford to be blind, politics must keep its eyes wide open. In response to this charge I argue that Kant’s position on the relation of morals to politics is both morally uncompromising and yet politically flexible, both principled and practical. Kantian (...) justice is not blind to circumstances, and we need not abandon our convictions in order to be politically responsible. Indeed, Kant argues that future political progress can only be achieved when the coerced rule of right is coupled with the non-coerced rule of virtue. For Kant, freedom and justice are intertwined with publicity, and publicity depends upon the critical acumen and moral candour of an enlightened and virtuous citizenry. (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)

'Corporate Social Responsibility (CSR) is conceptualized in many ways. We argue that one cannot be indifferent about the issue of its conceptualization. In terms of methodology, our position is that any conceptual discussion must embed CSR in political theory. With regard to substance, we link up with the discussion on whether CSR must be defined on the basis of a tripartite or a quadripartite division of business responsibilities. We share A. B. Carroll's intuition that a quadripartite division is called for (...) as a basis to define CSR. However, defending the quadripartite division of business responsibilities requires that the distinctions between economic, legal, ethical and discretionary business responsibilities be made intelligible. Carroll's account is defective in this respect. We argue that contemporary Neo-Kantian political ethics is able to make sense of these distinctions, because of its specific interpretation of liberalism. Interestingly, from a conventional liberal perspective this interpretation of liberalism is atypical, as it extends public morality beyond the domain of the law. (shrink)

CAMILO, Bruno. Aspectos metafísicos na física de Newton: Deus. In: DUTRA, Luiz Henrique de Araújo; LUZ, Alexandre Meyer (org.). Temas de filosofia do conhecimento. Florianópolis: NEL/UFSC, 2011. p. 186-201. (Coleção rumos da epistemologia; 11). Através da análise do pensamento de Isaac Newton (1642-1727) encontramos os postulados metafísicos que fundamentam a sua mecânica natural. Ao deduzir causa de efeito, ele acreditava chegar a uma causa primeira de todas as coisas. A essa primeira causa de tudo, onde toda a ordem e leis (...) tiveram início, a qual para ele assume um caráter divino, Newton aponta para um Deus sábio e poderoso e responsável pela ordem inteligente e pela a harmonia das leis físicas e universais de tudo o que existe – Deus como criador e preservador da ordem do universo. Há ainda a analogia do conceito de Deus com o espaço e o tempo, na medida em que ambos comunicam infinitude e onipresença. Por fim, nas considerações finais apontarei a importância de Newton para a metafísica moderna e como os seus estudos contribuíram para uma visão posterior do universo e suas leis e do homem enquanto ser pensante. (shrink)