According to instrumental proceduralism, political power is justified when it is the output of a reliable procedure. In this paper, I examine how procedures are supposed to confer normative properties. Based on this assessment, I conclude that many proceduralists set the reliability bar too low. Next, I motivate two additional requirements for instrumental procedures. I introduce the notion of “predictable” procedural failure and argue that in order for a procedure to confer legitimacy or other normative properties on its output, it (...) must not have failed predictably. Finally, I argue that even when procedures are highly reliable, it must not be the case that their failures fall disproportionately on certain people. The goal is to develop an instrumental proceduralism that is more sensitive to the failures of real institutions. (shrink)

Respect for autonomy is an important moral principle within medical ethics. However, the question of whether the normative importance of respect for autonomy is derived from other moral principles (such as welfare) or has independent moral value is debatable. In this paper it is argued that the normative importance of autonomy is derived from both welfare and non-welfare considerations. Welfare considerations provide two types of reason to respect autonomy, one related to the role of autonomy in creating welfare and one (...) related to its role in constituting welfare. In addition, autonomy seems to have normative importance that is unrelated to welfare considerations. This type of normative role is difficult to defend within medical ethics, because most non-welfare justifications of autonomy work for only a proportion of the autonomous decisions that patients make and give no clear guidance on how to respond to autonomous yet welfare-reducing treatment requests. A recent account of autonomy (Stephen Darwall’s “demand” account) provides a nuanced defence of autonomy that does not rely on welfare considerations. Darwall’s approach seems to work well within medical ethics and provides a principled explanation of how to respond to autonomous patient requests for treatment options that may not be in their best medical interests. It is argued that to fully respect autonomy within a medical consultation, practitioners must consider non-welfare autonomy as well as instrumental and intrinsic welfare-related autonomy. (shrink)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

The concern of this paper is not with the truth of any particular realist or anti-realist view, but rather with determining what it is to be a realist or anti-realist in the first place. While much skepticism has been voiced in recent years about the viability of such a project, my goal is to articulate interesting and informative conditions whereby any view in any domain of experience can count as either a realist or an anti-realist position.

Rawlsians argue for principles of justice that apply exclusively to the basic structure of society, but it can seem strange that those who accept these principles should not also regulate their choices by them. Valid moral principles should seemingly identify ideals for both institutions and individuals. What justifies this nonintuitive distinction between institutional and individual principles is not a moral division of labor but Rawls’s dual commitments to conventionalism and constructivism. Conventionalism distinguishes the relevant ideals for evaluating institutions from those (...) for evaluating actions, while constructivism explains why this distinction is morally fundamental. (shrink)

L’analyse de la notion de procéduralisme montre qu’elle est utilisée dans la littérature en deux sens très différents. Nous mettons en évidence une condition suffisante à la mise en cohérence de ces deux idées, basée sur une compréhension pragmatique de la notion d’acceptabilité. Nous montrons alors que l’adoption de cette condition suffisante implique que tout dépassement procéduraliste du welfarisme passe par un travail de formation des préférences.

Pure insight, however is in the first instance without any content; it is the sheer disappearance of content; but by its negative attitude towards what it excludes it will make itself real and give itself a content.—Hegel, Phenomenology of Mind.

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

The publication of Political Liberalismhas allowed John Rawls to bring to the fore issues that remained in the background of A Theory of Justice. His explicit attention to the concept of ‘the reasonable’ is a welcome development. In a more recent publication, he affirms the importance of this concept, ‘while [granting] that the idea of the reasonable needs a more thorough examination than Political Liberalism offers.’ In this paper, I will present a critical exposition of the senses of the reasonable (...) on which justice as fairness relies. Rawls employs the term in four main contexts. I will outline these various senses and argue that in each case, a controversy in the secondary literature can be resolved by close attention to the concept of the reasonable. In three of these contexts, Rawls relies on what I will call a ‘strong’ sense of the reasonable, while in one he sometimes seems to rely on a ‘weak’ sense. I argue that justice as fairness is best served by relying on a strong sense throughout. (shrink)

Despite the diversity and important disagreement which characterizes theorizing in political philosophy, most contemporary theories of justice yield remarkably similar verdicts on the moral adequacy of current distributions of wealth, income, and opportunity. By almost any standard of justice defended today, we live in a profoundly unjust world. It is obvious, for instance, that utilitarianism, the difference principle, equality of resources, and even modest-sounding principles of equality of opportunity all condemn the yawning gulf which separates the rich and the poor (...) of the world. Even Nozick's recommendation that the difference principle be used as a rough principle for rectifying historical injustice indicates how little immediate practical difference there is between Rawls's theory and its supposed libertarian antithesis. All this suggests that there is a surprising theoretical consensus about the immediate practical demands of justice. In short, moving toward justice requires substantially reducing the dramatic inequalities which plague our world. (shrink)

This essay provides a critical notice of T.M. Scanlon's book _What We Owe to Each Other. Special attention is given to assessing the success of Scanlon's theory of practical rationality as it provides a basis for his account of value and his contractualist moral theory.

Je défends dans ce texte une version particulière de la position que Sharon Street a appelée le «constructivisme humien». J’esquisserai pourquoi je considère que ce constructivisme est préférable à la fois au réalisme moral et au constructivisme kantien sur le plan de la compréhension du statut ontologique des valeurs. Après avoir accepté de reconnaître le rôle des pressions de l’évolution dans l’émergence de la moralité, le constructivisme humien doit toutefois préciser le rôle de l’intersubjectivité historique dans l’évolution subséquente de la (...) morale. J’expliquerai aussi pourquoi je considère que l’intégration d’un volet cohérentiste au constructivisme permet d’atténuer les craintes concernant le caractère potentiellement non-cognitiviste des théories contextualistes. Enfin, j’esquisserai pourquoi l’idée d’un «espace des raisons morales» indépendant, à certains égards, de l’esprit humain est compatible avec le constructivisme humien.I defend a version of what Sharon Street has dubbed “Humean constructivism.” I’ll first sketch out why I think that contextual constructivism provides us with a more plausible understanding of the ontological status of values than both Kantian constructivism and moral realism. In addition to its recognition of the role of evolutionary pressures in the emergence of human morality, contextual constructivism must now clarify the role of historical intersubjectivity in the subsequent development of morality. I will then claim that adding a coherentist module to Humean constructivism provides a satisfactory answer to those who fear that contextual metaethical theories can only be non-cognitivist. Finally, I will sketch out why I think that the notion of a mind-independent “space of moral reasons” is largely compatible with Humean constructivism. (shrink)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...) their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

RÉSUMÉJe défends dans ce texte une version particulière de la position que Sharon Street a appelée le «constructivisme humien». J'esquisserai pourquoi je considère que ce constructivisme est préférable à la fois au réalisme moral et au constructivisme kantien sur le plan de la compréhension du statut ontologique des valeurs. Après avoir accepté de reconnaître le rôle des pressions de l’évolution dans l’émergence de la moralité, le constructivisme humien doit toutefois préciser le rôle de l'intersubjectivité historique dans l’évolution subséquente de la (...) morale. J'expliquerai aussi pourquoi je considère que l'intégration d'un volet cohérentiste au constructivisme permet d'atténuer les craintes concernant le caractère potentiellement non-cognitiviste des théories contextualistes. Enfin, j'esquisserai pourquoi l'idée d'un «espace des raisons morales» indépendant, à certains égards, de l'esprit humain est compatible avec le constructivisme humien. (shrink)

In Herman Melville’s Bartleby, the Scrivener, the narrator finds himself involved in a moral relation with the title character whose sense he finds difficult to articulate. I argue that we can make sense of this relation, up to a certain point, in terms of the influential account of obligation that Stephen Darwall advances in The Second-Person Standpoint. But I also argue that there is a dimension of moral sense in the relation that is not captured by Darwall’s account, or indeed (...) by any of the accounts of obligation that have been most prominent in the history of western philosophy from the early modern period up to the present. More specifically, I argue that what is brought out in the relation between Bartleby and the narrator is the separation of the experience of moral necessitation from the rule that would give its content. I attempt to show that this obligation without rule is a genuine moral phenomenon and that we can begin to understand it in terms of the ideas of love, singularity, and potentiality as these are developed in the work of Giorgio Agamben. (shrink)

According to Stephen Darwall, being with others involves an implicit, second-personal respect for them. I argue that this is correct as far as it goes. Calling on Jean-Luc Nancy’s more ontological account of being-with, though, I also argue that Darwall’s account overlooks something morally very important: right at the heart of the being-with that gives us to ourselves as answerable to others on the basis of determinate, contractualist moral principles, we encounter an irreducible excess of sense that renders those principles (...) questionable. Following Nancy, I characterize this exposure to excess as adoration and develop some of its moral implications. (shrink)

In the early modern period, contempt emerged as a persistent theme in moral philosophy. Most of the moral philosophers of the period shared two basic commitments in their thinking about contempt. First, they argued that we understand the value of others in the morally appropriate way when we understand them from the perspective of the morally relevant community. And second, they argued that we are naturally inclined to judge others as contemptible, and that we must therefore interrupt that natural movement (...) of sense-bestowal in order to value others in the morally appropriate way. In this paper I examine in detail the arguments of Nicolas Malebranche and Immanuel Kant concerning the wrongness of contempt, emphasizing the ways in which they depend on conceptions of community and of the interruption of moral sense-bestowal. After showing how each of these arguments fails to comprehend the nature and the wrongness of contempt, I argue that we can find the resources for a more adequate account in the work of Jean-Luc Nancy, and specifically in his reflections on ontology and on the meaning of community. (shrink)

Dignity, according to some recent arguments, is a useless concept, giving vague expression to moral intuitions that are better captured by other, better defined concepts. In this paper, I defend the concept of dignity against such skeptical arguments. I begin with a description of the defining features of the Kantian conception of dignity. I then examine one of the strongest arguments against that conception, advanced by Arthur Schopenhauer in On the Basis of Morality. After considering some standard accounts of dignity, (...) showing how they fail adequately to address Schopenhauer’s concern, I propose and defend a new account of dignity, drawing on the ontology of Jean-Luc Nancy. (shrink)

Clients may feel trapped into sharing their private digital data with insurance companies to get a desired insurance product or premium. However, private insurance must collect some data to offer products and premiums appropriate to the client’s level of risk. This situation creates tension between the value of privacy and common insurance business practice. We argue for three main claims: first, coercion to share private data with insurers is pro tanto wrong because it violates the autonomous choice of a privacy-valuing (...) client. Second, we maintain that irrespective of being coerced, the choice of accepting digital surveillance by insurers makes it harder for the client to protect his or her autonomy. The violation of autonomy also makes coercing customers into digital surveillance pro tanto morally wrong. Third, having identified an economically plausible process involving no direct coercion by insurers, leading to the adoption of digital surveillance, we argue that such an outcome generates further threats against autonomy. This threat provides individuals with a pro tanto reason to prevent this process. We highlight the freedom dilemma faced by regulators who aim to prevent this outcome by constraining market freedoms and argue for the need for further moral and empirical research on this question. (shrink)

This paper provides a new argument for the relevance of empirical research to moral and political philosophy and a novel defense of the positive program in experimental philosophy. The argument centers on the idea that normative concepts used in moral and political philosophy can be evaluated in terms of their fruitfulness in solving practical problems. Empirical research conducted with an eye to the practical problems that are relevant to particular concepts can provide evidence of their fruitfulness along a number of (...) dimensions. An upshot of the argument is that philosophers should not only engage with but must also be involved in conducting experimental studies that examine the practical roles that normative concepts can play. Rather than just clearing the way for philosophical work to be done, the argument has the further implication that empirical research will be required to advance at least some important debates in moral and political philosophy. (shrink)

The paper examines connections between ontology and finance. The ontological debates concerning the role of finance are examined between two opposing schools of thought that can be labelled, very broadly, ‘instrumentalist’ and ‘realist’. These two schools of thought have had momentous repercussions in understanding what is a good society. Each school defines Nature in particular ways which can be explored using ontology and philosophical insight. Our theoretical investigation aims to accommodate Nature in community financial deliberations. A positive role for government (...) is advocated to finance environmental infrastructure initiatives. For example, precautionary strategies to address climate change must be funded. New roles for finance and government are proposed to align human relationships with Nature. Environmental precautionary principles must be developed in conjunction with finance theory to maintain decent standards of living for all. Reliance on impersonal market forces will not be enough to save the planet given the power of some over the many in the neoliberal arena. (shrink)

In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a philosopher and classicist, (...) who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

In the second Critique, Kant claims that the moral law is given as a fact of reason. In this paper, contra the standard view, I argue that there is a non-dogmatic way of defending this claim. And Kant’s principle of morality is widely taken to be a formal principle. How then can such a formal principle be reconciled with our substantial moral end? In this paper, I also argue that Kant’s principle of morality can be construed as a formal principle (...) in the sense that it provides correctness conditions for moral laws, rather than providing specific moral laws.Dans sa deuxième Critique, Kant affirme que la loi morale se donne comme un fait de raison. Dans cet article, contrairement à la position standard, nous prétendons qu’il existe une autre façon — non dogmatique — de défendre cette affirmation. Par ailleurs, le principe de moralité de Kant est largement considéré comme étant formel. Comment un tel principe formel peut-il être réconcilié avec notre fin morale substantielle? Nous soutenons également que le principe de moralité de Kant peut être interprété comme un principe formel dans le sens où il fournit des conditions d’acceptabilité pour les lois morales, et non des lois morales spécifiques. (shrink)

The Kantian strain of practical constructivism (through Rawls, Korsgaard, and others) has been so influential that it is tempting to identify the constructivist approach in practical domains with the Kantian development of the outlook. In this essay, I explore a different variety of practical constructivism, what I call “Aristotelian constructivism”. My aim is to establish conceptual space for this form of constructivism by indicating in what ways Aristotelian constructivism agrees with its Kantian counterparts and in what ways it differs. I (...) claim that it is, in one sense, more faithful to the constructivist enterprise than the Kantian varieties, in that its understanding of both the establishment of practical truth and the vindication of the theory itself is constructivist. (shrink)

Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...) justice can reconcile us to the pluralism of liberal democracies. In this essay, I argue that Rawls’s political theory also can reconcile the inhabitants of liberal democratic societies to the fact that such societies may be cognitively confusing on account of their complexity. Then I contend that Rawls’s work offers valuable theoretical resources for analysing a society’s transparency or lack thereof. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

Around the world, multiethnic states are in trouble. Many have proven unable to create or sustain any sense of solidarity across ethnic lines. The members of one ethnic group are unwilling to respect the rights of the members of other groups, or to make sacrifices for them, and have no trust that any sacrifice they might make will be reciprocated. Recent events show that where this sort of solidarity and trust is lacking, the consequences can be disastrous. In some countries, (...) the result is violent civil war, as in Rwanda, Yugoslavia, and various parts of the former Soviet Union. In other countries, the state has dissolved in a more peaceful way, as in Czechoslovakia, albeit with significant economic and psychological costs. In yet other countries, particularly in Africa, the state has stayed together, but is little more than a shell, a loose confederation of more or less hostile groups who barely tolerate, let alone cooperate with, each other. (shrink)

In his impressive and wide?ranging new book, Sources of the Self, Charles Taylor argues that modern moral philosophy, at least within the Anglo?American tradition, . offers a ?cramped? view of morality. Taylor attributes this problem to three distinctive features of contemporary moral theory ? its commitment to procedural rather than substantive rationality, its preference for basic reasons rather than qualitative distinctions, and its belief in the priority of the right over the good. According to Taylor, the result of these features (...) is that contemporary moral theories cannot explain the nature of a worthwhile life, or the grounds for moral respect. Indeed, they render these questions unintelligible. I argue that Taylor has misunderstood the basic structure of most modern moral theory, which seeks to relocate, rather than suppress, these important questions. In particular, he fails to note the difference between general and specific conceptions of the good, between procedures for assessing the good and specific outcomes of that procedure, and between society's enforcement of morality and an individual's voluntary compliance with morality. Each of these distinctions plays an important role in contemporary moral theory. Once they are made explicit, it is clear that many contemporary theorists operate with a more sophisticated account of moral sources than Taylor attributes to them. (shrink)

Although Roberto Unger is sometimes described as a communitarian critic of liberalism, his recent three‐volume work on Politics disavows the major tenets of contemporary communitarianism—for example, the “embedded self,” the critique of rights, the rejection of universalizing theory. Instead, Unger's aim is to criticize liberalism from the perspective of a “superliberalism"—a perspective which takes the original liberal desire to emancipate individuals from the chains of social custom and hierarchy and rids it of the stultifying economic and political institutions within which (...) liberals have sought to contain it. Three main components of Unger's theory are analyzed: the idea of “negative capability,” or the power of individuals to revise and transcend their social contexts; the idea of an “empowered democracy,” which seeks to open up all aspects of society to the collective exercise of negative capability; and the idea of “immunity rights,” which seek to protect individuals from the potential risks of radical democracy. I argue that all three underestimate the risks to individual liberty of the over‐politicization of social life. (shrink)

In The Grasshopper, Bernard Suits argues that the best life is the one whose essence is game-play. In fact, only through the concept of game-play can we understand how anything at all is worth doing. Yet this seems implausible: morality makes things worth doing independently of any game, and games are themselves subject to moral evaluation. So games must be logically posterior to morality. The current paper responds to these objections by developing the theory of Ludic Constructivism. Constructivist theories such (...) as Kant’s explain normativity in a way that is both objective and cognitivist but also mind-dependent. Roughly, constructivists ground normative structures in rational procedures. But rational agency is diverse: it is realized in different ways and to different degrees by different agents. Yet Kantian Constructivism requires a strong identity of rational procedures across rational agents. Ludic Constructivism avoids this challenge by rejecting this strong identity of agency, instead building a normative framework out of the ingredients of Suits’s definition of game-play. We want to play the best games we can. In order to do so we must play games with a certain structure: they must be nested multiplayer games in which everyone who is capable of self-originating activity is engaged as a fellow player rather than a plaything. Nested games – games that are constructed out of other games – go best when each game contributes to the value of each other game in the nest. Such game nests are “reciprocating value-maximization structures”. Our lives go best when we design, play, and revise the game of our Individual Life and we also embed that game within the highest-order nested game of Fate of Humankind. In this way, Ludic Constructivism delivers a normative system that expands Kant’s Kingdom of Ends, and a life that meets Aristotle’s conception of pleasure. (shrink)

One unchanging feature of John Rawls’ thought is that we theorize about well-ordered societies. Yet, once we introduce justice pluralism—the fact that reasonable people disagree about the nature and requirements of justice, something Rawls eventually admits is inevitable in liberal societies—then a well-ordered society as Rawls defines it is impossible. This requires we develop new models of society to replace the well-ordered society in order to adequately address such disagreements. To do so, we ought to remain faithful to those reasons (...) Rawls has for introducing the idea of the well-ordered society in the first place. It is shown that two models that resemble closely Rawls’ model of the well-ordered society but are also capable of dealing with justice pluralism do not perform well when judged against such criteria. Yet a new model of the well-ordered society—one that looks radically different from what Rawls originally imagined—does succeed. (shrink)

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On (...) the other hand, this discussion forces us to critically assess the meaning and appeal of the concept of a basic structure in justice as fairness. (shrink)

Marcus Willaschek and I have argued against the widespread assumption that Kant claims the Moral Law—the supreme principle of morality—is (or must be regarded as) ‘self-legislated’. We argue that Kant instead describes the Moral Law as an _a priori_ principle of the will. We also argue that his conception of autonomy concerns not the Moral Law but substantive moral laws such as the law that requires promoting the happiness of others. In the present essay, I respond to the commentary by (...) Alyssa Bernstein and Christoph Hanisch. In response to Bernstein, I clarify the relation between our interpretation of Kant and those proposed by John Rawls and Allen Wood. In response to Hanisch, I argue, among other things, that Kant’s defense of the thesis that the Moral Law is an a priori principle of pure practical reason does not mean that practical reasoning and reasons-based action are impossible without it. It means rather that _morally good_ and _morally evil_ reasons-based action are impossible without it. (shrink)

Most non-robust-realist metaethical theories, such as expressivism, constructivism, and non-robust forms of realism, claim to retain a sense of objectivity in ethics. A persistent issue for these theories is to identify an objective criterion for moral truth that meets their objectivist aspiration. Objectivist aspirations are often probed by confronting non-realists with abject normative positions, such as those of rational racists, which are licensed by the framework of the respective non-realist theory but nevertheless strike us a wrong. In such cases, non-realist (...) theories face a dilemma. Either they allow that anything goes and thereby forgo their objectivist aspirations or they disallow abject normative positions. In the latter case, however, they have nothing to turn to but subjective criteria ultimately related to one’s personal outlook. This is unacceptably smug. I argue that pragmatism in the spirit of Charles S. Peirce partially solves this dilemma. True belief would withstand experience and argument were we to inquire as far as we fruitfully could on the matter. I elucidate this notion and argue that pragmatist construal of moral truth provides a substantive, objective criterion to determine the truth value of moral claims, without recourse to subjective criteria. This puts pragmatism ahead of rival non-realist theories. (shrink)

This paper defends a constructive interpretation of the Critique of Pure Reason, which is built in analogy with an experimental construction that Kant believes to characteristic of chemistry. I also argue for a way to reconcile the methodological perspective of the constructivist method with that of transcendental reflection. I therefore provide a constructive explanation for what Kant describes as being pure reason and the argument of the transcendental deduction. I propose to frame the different perspectives in such a way that (...) the experimental construction is the ratio cognoscendi of pure reason, while pure reason is the ratio essendi of the experimental construction. O’Neill (1989, 2015) is one of the most important scholars that have argued for a constructivist reading of the Critique of pure reason (CPR). In this paper I develop and explore new aspects of this line of interpretation. One of the main criticisms raised against constructivist readings of Kant’s philosophy is an alleged commitment to subjectivism or voluntarism (cf. Kleingeld & Willaschek 2019). This concern led some scholars to rename their position as constitutivist instead (Korsgaard 2009; Sensen 2013, 2017; Formosa 2011). Constitutivism, is intended to be a sort of constructivism capable of avoiding voluntarism. However, it becomes difficult, sometimes, to differentiate between the constitutivist and foundationalist positions, which are based on transcendental reflection and imply a sort of realist perspective on reason. The same preoccupation applies to the constructivist interpretation of the CPR. In order to deal with this issue, the following questions must be addressed: how can constructivism justify the necessity and universality of transcendental principles of pure reason without compromising the normative and procedural aspects of the construction? How to reconcile arguments based on the analysis of representations and faculties with a constructivist procedure? Or even, how may transcendental reflection, as a view of the possibility of a priori cognition, be rendered compatible with a constructive procedure? This paper is divided into three sections, followed by brief final remarks. The first section outlines the main characteristics of constructivism and relates them to Kant’s positions about the nature of philosophy and its method. The second part argues for a type of experimental constructivism that might serve as a guiding analogy to understand the method underlying the CPR. Thirdly, I will show how the transcendental subject and pure reason are derived from this experimental construction. The conclusion briefly points out some advantages of this position. (shrink)

Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.

The debate about the credentials of sociobiology has persisted because scholars have failed to distinguish the varieties of sociobiology and because too little attention has been paid to the details of the arguments that are supposed to support the provocative claims about human social behavior. I seek to remedy both deficiencies. After analysis of the relationships among different kinds of sociobiology and contemporary evolutionary theory, I attempt to show how some of the studies of the behavior of nonhuman animals meet (...) the methodological standards appropriate to evolutionary research. I contend that the efforts of E. O. Wilson, Richard Alexander, Charles Lumsden, and others to generate conclusions about human nature are flawed, both because they apply evolutionary ideas in an unrigorous fashion and because they use dubious assumptions to connect their evolutionary analyses with their conclusions. This contention rests on analyses of many of the major sociobiological proposals about human social behavior, including: differences in sex roles, racial hostility, homosexuality, conflict between parents and adolescent offspring, incest avoidance, the avunculate, alliances in combat, female infanticide, and gene–culture coevolution.Vaulting Ambitionthus seeks to identify what is good in sociobiology, to expose the errors of premature speculations about human nature, and to prepare the way for serious study of the evolution of human social behavior. (shrink)

The third formulation of the Categorical Imperative rarely receives the attention devoted to its predecessors. This paper aims to develop a naturalistic approach to morality inspired by Kant’s conception of moral agents as legislating in a Kingdom of Ends. Positions derived from the third formulation, John Rawls’s Kantian Constructivism and T. M. Scanlon’s Contractualism, cleave closely to Kant in idealising the process of legislation. For Rawls, the citizens of the Kantian Reich can be reduced to one, a representative of all, (...) who deliberates behind the veil of ignorance using minimax reasoning. Scanlon includes other lawmakers, but any potential diversity among them is overridden by trans­historical canons of reason. By contrast, I view morality as developing historically through the interactions among people with different views and conflicting aims. The task of moral theory is to construct an appropriate methodology to govern their deliberations. My naturalised Kant takes the first steps. Morality arises from the recognition of problematic situations, identified first by listening to the complaints of actual people, by judging whether they are warranted, and by seeking to amend them when the warrant is confirmed. Societies (and individuals) make moral progress when they deliberate (or simulate deliberations) in accordance with three norms. All those potentially affected should be included; the best available information should be used; and participants should aim for an outcome all can accept. How far is naturalised Kant from the great philosopher? I leave the answer to the scholars. (shrink)

The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure is to reach (...) an agreement, as stated in the theory of Jurgen Habermas. However, experimental studies of deliberative practices show that they may result not in agreement but in the radicalization of positions. Unlike Habermas, John Rawls believes that a consensus on values and norms is unattainable. His theory of political liberalism attempts to answer the question of how political unity is possible in practically insoluble conflict, that is, in a situation of disagreement. He proposes the ideal of a well-ordered society with the assumption that a just society is one in which there is no agreement on comprehensive doctrines, but there is a consensus on the basic principles of justice. However, Rawls’s theory, in turn, faces a number of significant problems. For example, he was forced to admit that the democratic culture of society is a prerequisite for the formation of basic principles of justice in a well-ordered society. Rawls’s idea about the connections among disagreement, political freedom, and democracy influenced the further development of the theory of democracy, stimulating the search for different models of decision-making and the formation of political will without rational agreement. After all, the possibility of democracy lies in the conflict of ideas about justice and good. (shrink)