Disability has been a topic of heightened philosophical interest in the last 30 years. Disability theory has enriched a broad range of sub-specializations in philosophy. The call for papers for this issue welcomed papers addressing questions on normalcy, medical ethics, public health, philosophy of education, aesthetics, philosophy of sport, philosophy of religion, and theories of knowledge. This issue of Essays in Philosophy includes nine essays that approach the philosophy of disability in three distinct ways: The first set of three essays (...) provide a careful analysis of John Rawls, and the application of his work in ethics and justice to societies in which persons with disabilities, especially cognitive disabilities, can take active part in the processes of civil society. The second set of three essays branch out into continental philosophy, and are especially engaged with issues of community membership, communication, translation, and hermeneutics. The third set of three essays address disability specifically through the arts and aesthetics; asking questions on the portrayal of disabled persons in the arts and its implications for normalcy, sexuality, beauty, and the sublime. (shrink)

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

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

In this article, I examine anew the moral philosophy of Immanuel Kant and its contributions to educational theory. I make four claims. First, that Kant should be read as having the Categorical Imperative develop out of subjective maxims. Second, that moral self-perfection is the aim of moral education. Third, that moral self-perfection develops by children habituating the results of their moral maxims in scenarios and cases. Fourth, that character and culture, Kant’s highest aims for humanity, are the ultimate beneficiaries of (...) this process. (shrink)

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

In his early writings, Kant says that the solution to the puzzle of how morality can serve as a motivating force in human life is nothing less than the “philosophers’ stone.” In this dissertation I show that for years Kant searched for the philosophers’ stone in the concept of “respect” (Achtung), which he understood as the complex effect practical reason has on feeling. -/- I sketch the history of that search in Chapters 1-2. In Chapter 3 I show that Kant’s (...) analysis in Groundwork I is incomplete because it does not explain how respect functions as a feeling in motivating choice. In Chapter 4 I argue that Kant’s subsequent attempt to sidestep this explanation in Groundwork III is unsuccessful, and that his position remains open to a skeptical threat. The argument in the second Critique, which I reconstruct in Chapters 5-6, overcomes this threat, and in doing so explains how the feeling of respect is both painful and pleasurable. -/- In the course of defending these claims, I provide an alternative reading of the shift in Kant’s ethical project from the Groundwork of 1785 to the second Critique of 1788 Against a common view in the literature, I argue that the shift does not concern the direction of Kant’s deduction (from freedom to morality, or morality to freedom); rather, it concerns his view of human sensibility and the resources he thinks we have to make our practical self-understanding intelligible. In the second Critique, I argue, Kant develops a novel approach to moral feeling from the perspective of the human agent; and this in turn clears room in his ethics for a new kind of a priori knowledge—namely, knowledge of what the activity of practical reason must feel like. By way of conclusion, I offer a few reasons for why the form of Kant’s argument in the second Critique is still relevant today, as it shows why we can only address moral skepticism from a first-personal perspective. (shrink)

This article suggests that Rawls's break with early utilitarians is not so much over the greatest happiness principle as it is over the relation of the institution of private property to justice. In this respect Rawls is very close to John Stuart Mill, arguing for a cleansed or tamed version of the institution. That said, Rawls's defense of private property remains very thin and highly idealized, again following Mill. If Hume and Bentham fail to demonstrate their claims, Rawls and Mill (...) do little better. Rawls, like Mill, has constructed a challenging standard, admits to severe limitations on our empirical knowledge, and remains deeply ambivalent over the role of private property. (shrink)

Leibniz frequently argued that reasons are to be weighed against each other as in a pair of scales, as Professor Marcelo Dascal has shown in his article "The Balance of Reason." In this kind of weighing it is not necessary to reach demonstrative certainty – one need only judge whether the reasons weigh more on behalf of one or the other option However, a different kind of account about rational decision-making can be found in some of Leibniz's writings. In his (...) article "Was Leibniz's Deity an Akrates?" Professor Jaakko Hintikka has argued that Leibniz developed a new vectorial model for rational decisions which is better suited to complicated decisions, where values are complementary to each other. This model, related closely to his work in metaphysics and the philosophy of mind, is a heuristic device which helps in finding rational combinations - and in an ideal case an optimum - between plural inclinations to the good. I shall argue that Leibniz applies more or less implicitly both of these models in his practical rationality. In simple situations he applied the pair of scales model and in more complicated situations he applied the vectorial model. (shrink)

There is an apparent tension between Immanuel Kant's model of moral agency and his often-neglected philosophy of moral education. On the one hand, Kant's account of moral knowledge and decision-making seems to be one that can be self-taught. Kant's famous categorical imperative and related 'fact of reason' argument suggest that we learn the content and application of the moral law on our own. On the other hand, Kant has a sophisticated and detailed account of moral education that goes well beyond (...) the kind of education a person would receive in the course of ordinary childhood experience. The task of this paper will be to reconcile these seemingly conflicting claims. Ultimately, I argue, Kant's philosophy of education makes sense as a part of his moral theory if we look not only at individual moral decisions, but also at the goals or ends that these moral decisions are intended to achieve. In Kant's case, this end is what he calls the highest good, and, I argue, the most coherent account of the highest good is a kind of ethical community and end of history, similar to the Groundwork 's realm of ends. Seen as a tool to bring about and sustain such a community, Kant's philosophy of moral education exists as a coherent and important part of his moral philosophy. (shrink)

That the successful development of fully autonomous artificial moral agents (AMAs) is imminent is becoming the received view within artificial intelligence research and robotics. The discipline of Machines Ethics, whose mandate is to create such ethical robots, is consequently gaining momentum. Although it is often asked whether a given moral framework can be implemented into machines, it is never asked whether it should be. This paper articulates a pressing challenge for Machine Ethics: To identify an ethical framework that is both (...) implementable into machines and whose tenets permit the creation of such AMAs in the first place. Without consistency between ethics and engineering, the resulting AMAs would not be genuine ethical robots, and hence the discipline of Machine Ethics would be a failure in this regard. Here this challenge is articulated through a critical analysis of the development of Kantian AMAs, as one of the leading contenders for being the ethic that can be implemented into machines. In the end, however, the development of Kantian artificial moral machines is found to be anti-Kantian. The upshot of all this is that machine ethicists need to look elsewhere for an ethic to implement into their machines. (shrink)

It has been common for researchers and commentators within the discipline of Social and Public Policy to evoke Rawlsian theories of justice. Yet some now argue that the contractualist tradition cannot adequately incorporate, or account for, relations of care, respect and interdependency. Though contractualism has its flaws this article proposes that we should not reject it. Through a critique of one of its most esteemed critics, Martha Nussbaum, it proposes that contractualism can be defended against the capabilities approach she prefers. (...) The article concludes by suggesting how and why the moral philosophy of Thomas Scanlon offers a basis for reconciling the strengths of a contractualist, egalitarian liberalism with those of Nussbaum’s capabilities approach. (shrink)

Immanuel Kant (1724–1804) argued that moral requirements are based on a standard of rationality he dubbed the “Categorical Imperative” (CI). Immorality thus involves a violation of the CI and is thereby irrational. Other philosophers, such as Locke and Hobbes, had also argued that moral requirements are based on standards of rationality. However, these standards were either desirebased instrumental principles of rationality or based on sui generis rational intuitions. Kant agreed with many of his predecessors that an analysis of practical reason (...) will reveal only the requirement that rational agents must conform to instrumental principles. Yet he argued that conformity to the CI (a non-instrumental principle) and hence to moral requirements themselves, can nevertheless be shown to be essential to rational agency. This argument was based on his striking doctrine that a rational will must be regarded as autonomous, or free in the sense of being the author of the law that binds it. The fundamental principle of morality — the CI — is none other than the law of an autonomous will. Thus, at the heart of Kant's moral philosophy is a conception of reason whose reach in practical affairs goes well beyond that of a Humean ‘slave’ to the passions. Moreover, it is the presence of this self-governing reason in each person that Kant thought offered decisive grounds for viewing each as possessed of equal worth and deserving of equal respect. (shrink)

Kants Kritik der praktischen Vernunft (1788) steht zu Unrecht oft im Schatten der Kritik der reinen Vernunft und der Grundlegung zur Metaphysik der Sitten. Tatsächlich sind die Grundelemente der Kantischen Moralphilosophie im Gegensatz zu vielen Thesen der ersten Kritik bis heute weitgehend anerkannt, und erst der Nachweis der zweiten Kritik, dass Freiheit wirklich ist, macht "den Schlussstein von dem ganzen Gebäude eines Systems der reinen, selbst der spekulativen Vernunft aus". Entlang der Stichworte reiner Wille, gesetzgebende Form der Maxime, transzendentale Freiheit, (...) Autonomie und Faktum der Vernunft zeigt Kant in der "Analytik", dass reine Vernunft "für sich" praktisch sein, nämlich den Willen bestimmen kann. Die "Dialektik" sichert den Ideen von der Existenz Gottes und der Unsterblichkeit der Seele objektive Realität und untersucht das Verhältnis von theoretischer und praktischer Vernunft. Die "Methodenlehre" schließlich skizziert eine Theorie moralischer Erziehung, die für den heutigen Ethikunterricht noch aktuell ist. Die zwölf Beiträge dieses kooperativen Kommentars, der anlässlich des 300. Jubiläums Immanuel Kants in einer 3., überarbeiteten Auflage erscheint, rekonstruieren die Argumente eines Schlüsseltextes der Moralphilosophie und prüfen die sachliche Überzeugungskraft. Mit Beiträgen von: Karl Ameriks, Reinhard Brandt, Eckart Förster, Otfried Höffe Allen W. Wood Christoph Horn, G. Felicitas Munzel, Onora O'Neill Annemarie Pieper, Friedo Ricken, Nico Scarano. (shrink)

The idea that there is a distinctively practical use of reason, and correspondingly a distinctively practical form of knowledge, unites many otherwise diverse voices in the history of practical philosophy: from Aristotle to Kant, from Rousseau to Marx, from Hegel to G.E.M. Anscombe, and many others. This volume gathers works by scholars who take inspiration from these and many other historical figures in order to deepen our systematic understanding of questions raised by their work that still are, or ought to (...) be, at the center of contemporary philosophical debate: the form and nature of practical reasoning, agential self-consciousness or practical knowledge, how knowledge of the good relates to our motivational capacity, and the shape of philosophical thinking about sound forms of living together. Accordingly, the volume is divided into three parts: action theory, meta-ethics, and political philosophy. This fusion of perspectives delivers novel possibilities not only for answering the systematic questions outlined above, but also for understanding both what unifies and distinguishes those historical voices that have sought to articulate the concept of practical reason. “This fascinating volume brings out the richness and profundity of an oft-neglected approach to understanding human agency, one that foregrounds action as itself an exercise of reason. Essays on ethics, mind, action, and political philosophy explore the history, substance, and implications of this idea, cutting across while also revealing the unity underlying various parts of philosophy that are typically treated separately.” – Eric Marcus, Auburn University. (shrink)

Their important exegetical and philosophical disagreements notwithstanding, Pauline Kleingeld and Marcus Willaschek, on the one hand, and Alyssa Bernstein, on the other, seem to agree that Kant’s Categorical Imperative transcends the contemporary dichotomy between moral realism and ethical constructivism. My contribution is an attempt to further elaborate on the third, unique, conceptual option that they have identified. I employ the notion of an “enabling condition,” introduced in epistemology and action theory by Jonathan Dancy, in order to show that the Categorical (...) Imperative enables action and is enabled by action. The Categorical Imperative (as distinct from specific categorical imperatives and moral laws) is discussed as a structural, but still normative, coherence and consistence norm of practical reasoning. As such it is two things at the same time, namely, first, the most fundamental normative background condition of practical deliberation, choice, and action. Second, however, the mutual enabler-enablee-relationship between action and Categorical Imperative points in the other – “not-so-Kantian” – direction as well: individual practical deliberation, understood as the mundane phenomenon that penetrates the lives of agents, is the (existence) condition that enables the Categorical Imperative in normatively-structured action. (shrink)

Overview over some core themes re: Kantian autonomy.

In order to make some headway on the debate about whether Kant was a constructivist, nonconstructivist, or instead defends a hybrid view that somehow entirely sidesteps these categories, I attempt to clarify the terms of the debate more carefully than is usually done. First, I discuss the overall relationship between realism and constructivism. Second, I identify four main features of Kantian constructivism in general. Third, I examine three rival versions of metanormative Kantian constructivism, what I’ll call axiological, constitutivist, and rationalist (...) constructivist. I argue that Kant is best seen as a rationalist constructivist. I conclude by arguing that although it’s a constructivist view, this reading avoids the main pitfalls of traditional Kantian constructivism. In doing so, it helps us to achieve a satisfying rapprochement between constructivist and non-constructivist readings of Kant. (shrink)

A number of influential Kantian philosophers assume that true need represents shared and fundamental human concerns that can both ground duties of aid and limit how much an agent can be morally required to do for others. In this paper, I take on this misreading and argue that true need is representative of personal priorities. This subjectivist reading fits better with Kant’s own characterization of true need and with his conceptions of need and happiness. Moreover, I argue that Kant’s own (...) conception of true need is philosophically appealing, as it is anti-paternalistic. Agents are free to determine their own true need. This frees Kant from the challenge of coming up with a list of true human needs that are supposedly stable across cultures, epochs and individuals. Furthermore, my reading also implies that the mere fact that someone else considers something their true need does not necessitate our help. (shrink)

How should philosophers in India approach the work of John Rawls? I argue against the view that his work should be regarded as exclusively within the domain of 'Western philosophy', which needs some distinctive process of translation and contextualization in order to speak to 'Indian conditions'. I also question the idea that 'Indian political philosophy' should be seen as an autonomous discipline with roots specifically in the Indian past.

In this paper I argue that there would be no obligatory maxims if the only standards for assessing maxims were Kant’s universalizability tests. The paper is divided into five sections. In the first, I clarify my thesis: I define my terms and disambiguate my thesis from other related theses for which one might argue. In the second, I confront the view that says that if a maxim passes the universalizability tests, then there is a positive duty to adopt that maxim; (...) I also confront a close relative of this view. In the third, I confront the view that says that if a maxim does not pass the universalizability tests, then there is a positive duty to adopt the contradictory of that maxim. In the fourth, I confront two variations of the view that says that if a maxim does not pass the universalizability tests and an agent is deliberating about the action in the maxim, then the agent has a positive duty to adopt the contrary of that maxim. In the fifth, I confront the view that says that if an agent has adopted a maxim of ends, then the agent has a positive duty to universalize that end. I then wrap up the paper with some concluding remarks. (shrink)

As recent social research demonstrates, the life world is increasingly impacted by a corrosion of social bonds and aggressive habits expressed, for instance, in hate speech in the social media. Significantly, such phenomena have not been prevented from evolving within the framework of constitutional liberal states. In search of an appropriate mode of challenging the current social pathologies, we should examine Kant’s claim that, alongside the “juridico-civil (political) state”, an “ethico-civil state”, uniting human beings “under laws of virtue alone”, needs (...) to be established and cultivated. Kant’s claim is discussed in comparison with “postmetaphysical” conceptions of morality, as maintained by Rawls and Habermas. These prove deficient owing to their contract-based approach. Important in the examination of the key idea of the “state of virtue” is Kant’s thesis that such a state “cannot be realized (by human organization) except in the form of a church”. In view of the fact that, today, in many parts of the world significant segments of the population adhere to agnostic or atheistic convictions, the focus is placed on Kant’s specific conception of “church” that is clearly distinct from “historical” creeds and religious practices, and on the way in which he addresses non-believers, since he insists on the intrinsic relation between morality and the “purely moral religion”. Based on these reflections, the relevance of Kant’s argument that it is “a duty of the entire human race” to establish a community in which people mutually support one another in the cultivation of moral sensitivity is scrutinised. (shrink)

The dissertation traces the development of what I call “the problem of partiality” through the work of certain key figures in the British Moralist tradition: John Locke, Catharine Trotter Cockburn, Anthony Ashley Cooper (the Third Earl of Shaftesbury), Francis Hutcheson, John Gay, David Hume, Joseph Butler, and Adam Smith. On the one hand, we are committed to impartiality as a constitutive norm of moral judgment and conduct. On the other hand, we are committed to the idea that it is permissible, (...) or even obligatory, to expend disproportionate resources promoting the good of our loved ones over the good of strangers. However, these two commitments conflict with one another. This problem challenges us to provide an account of the scope and limits of reasonable partiality that does justice to both commitments. I argue that confronting this tension is a central project of early modern ethics. I offer a rereading of the British Moralist tradition, centered on debates about partiality, and thereby shift discussion of the tradition away from concerns about meta-ethics and moral epistemology, to issues of practical ethics. The topic of partiality remains central in contemporary ethics, as is evident in ongoing debates about the place of empathy in moral judgment, and the role of love in shaping our moral commitments. Though the aim of the dissertation is not to settle questions about the scope and limits of reasonable partiality, the focus here remains fixed on how the concept of partiality was problematized in our ethical thought, and how it informs our discussions in normative ethics and moral psychology. Alongside building a bridge between early modern scholarship and recent work in ethics, the dissertation casts light on two understudied figures in the British Moralist tradition – Cockburn and Gay – who contributed greatly to debates about partiality. By examining their contributions, I reconsider their place in the history of modern ethics and therefore provide a more contextualized account of philosophical thought in the period. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or to adopt maxims) cannot. The (...) paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (shrink)

In the Critique of Pure Reason, Kant states that ideas give us the rule for organizing experience and ideals serve as archetypes or standards against which one can measure copies. Further, he states that ideas and ideals can be practical. Understanding how precisely these concepts should function presents a challenging and understudied philosophical puzzle. I offer a reconstruction of how ideas and ideals might be practical in order to uphold, to my mind, a conceptually worthy distinction. A practical idea, I (...) argue, is best understood as a reference to the categorical imperative (and its various formulations), which guides conduct directly as a rule. A practical ideal, by contrast, I think is a substrate that serves two functions: one that (a) helps us gauge moral deficiencies and another that (b) reveals the potential for moral improvement. In response to well-grounded sceptical concerns, I argue that ideals are indirectly practical in that they ground the possibility to recognise moral states of affairs and be moral in the first place. (shrink)

This commentary on Rossi’s The Ethical Commonwealth in History will address three points of interpretation related to Kant’s conception of the ethical community/commonwealth. First, I will raise a number of concerns related to Rossi’s use of Kant’s concept of the highest good. Second, I will examine the relevance of the overall project of Kant’s Religion within the Boundaries of Mere Reason to his discussion of the ethical community, a matter that Rossi does not take up. Third, I will challenge the (...) optimism that Rossi assigns to Perpetual Peace in light of its closing “antinomy between politics and morals.”. (shrink)

According to many of its advocates, one of the main attractions of Kantian moral philosophy is its metaethical innocence. The most interesting argument for such innocence appeals to Kantians' rationalism. Roughly, if moral action is simply rational action, then we do not need to appeal to anything beyond rationality to certify moral judgment. I assess this argument by reflecting on (dis)analogies between moral and logical forms of rationalism. I conclude that the Kantian claim to metaethical innocence is overstated. Kantians cannot (...) avoid substantial metaethical commitments. Or if they can, it is not their rationalism that explains why this is so. (shrink)

In the second Critique, Kant argues that for the highest good to be possible we need to postulate the existence of God and the immortality of the soul in a future world. In his other writings, however, he suggests that the highest good is attainable through mere human agency in this world. Based on the apparent incoherence between these texts, Andrews Reath, among others, argues that Kant’s texts reveal two competing conceptions of the highest good, namely a secular and a (...) theological conception. In this paper, I argue that Kant has a coherent conception of the highest good which applies to two different domains, namely the domain of the individual humans and the domain of the human species. (shrink)

Kantian ethics today is dominated followers of Rawls, many of them his former students. Following Rawls they interpret Kant as a moral constructivist who defines the good in terms of the reasonable. Such readings give priority to the first formulation of the categorical imperative and argue that the other two formulations are (ontologically or definitionally) dependent upon it. In contrast the aim of my paper will be to show that Kant should be interpreted firstly as a moral idealist and secondly (...) as, it least in a certain sense a particularist who takes morality to involve the exercise of recognitional capacities rather than following principles or rules. In claiming that Kant is a moral idealist we won’t mean to imply that he is an anti-realist, indeed we believe that he is a realist. Instead, by ‘moral idealism’ it is meant the position that maintains that to be moral is to instantiate an ideal. And so understood moral idealism can be seen as offering an alternative to both constructivism and utilitarianism. (shrink)

Peter Vanderschraaf’s Strategic Justice is a powerful elaboration and defense of what he calls ‘justice as mutual advantage’. Vanderschraaf opens Strategic Justice by observing that ‘Plato set a template for all future philosophers by raising two interrelated questions: (1) What precisely is justice? (2) Why should one be just?’. He answers that (1) justice consists of conventions which (2) are followed because each sees that doing so is in her interest. These answers depend upon two conditions which Vanderschraaf calls Baseline (...) Consistency and Negative Mutual Expectations. I contend that the plausibility of the first condition depends upon principles which are prior to Vanderchraaf’s conventions of justice and that the second condition does not account for the interest Vanderschraaf must think we take in those principles. I therefore worry that Vanderschraaf does what he accuses other theorists of justice as mutual advantage of doing: going outside the bounds of justice as mutual advantage. To lay the groundwork for his conditions, Vanderschraaf analyzes the circumstances of justice. I argue that, his claims to the contrary notwithstanding, he does not take the circumstances to be the kind of conditions Hume takes them to be, but that he has good reason to do so. (shrink)

Nietzsche on the Banishment of Supererogation by Luther and its Influence on Modern Ethical Life and Moral Theorizing. Much attention has been paid to Nietzsche’s refusal of obligation-centred moral theories (such as Kantian deontology and Utilitarian consequentialism), but little or no attention to the historical roots of such conceptions. The aim of this paper is to explore the ways Nietzsche connects the Kantian version of legal moral theory to the Lutheran Reformation, taking as its leitmotif the exclusion by Luther of (...) the so-called supererogation (the ideal of a Christian perfect life of sainthood being the most evident case) from the horizon of our ethical life (see D 88; GS 355; NL 1884, 25[271]). After establishing this historical connection, we are better positioned to understand the motivation behind his rejection of legal moral theories, particularly the Kantian version. This also allows us to shed new light on the contemporary attempts to characterize Nietzsche’s much-discussed perfectionist normative commitments. (shrink)

According to Kant, the universalization of the maxim of false promising leads to a contradiction, namely, to everyone adopting the maxim of false promising which would in effect make promising impossible. I first propose a reconstruction of Kant’s reasoning in four steps and then show that each of these steps is highly problematic. In the second part I argue that attempts by several prominent contemporary philosophers to defend Kant fail because they encounter similar difficulties.

Several conflict theorists have appropriated Hegel’s ‘struggle for recognition’ to highlight the healthy dimensions of conflict and to explore ways of reaching reconciliation through mutual recognition. In so doing, some scholars attend to the interpersonal dimension of reconciliation, while others focus on the interstate dimension of reconciliation. This paper argues that both approaches miss important Hegelian insights into the modern state. Hegel understands that freedom must be situated and bounded in order to take a concrete form. He believes that concrete (...) freedom and domestic reconciliation create an atmosphere that can pressure the state to be more confrontational with other states by attaining a stronger individuality. Thus, the common concern about freedom among Hegelian states remains a ‘thin’ version of communication, vulnerable to such factors as national honor or recognition status. Hegel’s challenge urges peace-inspired scholars to explore ways of achieving concrete freedom and domestic reconciliation while simultaneously relieving interstate conflict. (shrink)

The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.

The universality test is a significant reflective procedure, owing to which Kant’s categorical imperative is brought into proximity with moral practice and with an agent’s decisions made in particular circumstances and at the face of value collisions. The test is to be done in every single case by a moral agent her/himself and it aims to examine a selected maxim for its universality, that is to its congruity to universal and necessary moral law and hence to its moral dignity. This (...) issue has been broadly developed during the last century either within Kant studies, or in positive philosophical discussions, often sharply polemical. The paper represents some positions in those discussions. No matter how important the universality test in an agent’s moral decisions, so far universality signifies one of three embodiments of the categorical imperative, it would be wrong to consider the test the only criterion of moral dignity. This is true both within the Kantian conception of morality and more so beyond it. The paper proposes the Golden Rule as a critical correlation to the categorical imperative with its universality test. The rule also presupposes a kind of universalizability procedure. However, if the universality test set up by the categorical imperative is based on congruence of a maxim with the universal law, universalizability grounded on the Golden Rule consists in delocalization of intentions by taking into consideration the Other in her/his general and particular dispositions. (shrink)

Humean constructivists object to Kantian constructivism that by endorsing the constitutivist strategy, which grounds moral obligations in rational agency, this position discounts the impact of cont...

En el presente artículo se examina la relación de la Filosofía del derecho de Hegel con la filosofía práctica aristotélica. Con ello se pretende mostrar, por una parte, que algunas de las tesis y motivos centrales de la filosofía del derecho hegeliana se entienden de mejor forma trayendo a primer plano ciertos planteamientos aristotélicos y, por otro lado, que dichos planteamientos son objeto de una reinterpretación y reelaboración por parte de Hegel ante ciertas exigencias históricas y losó cas del contexto (...) moderno. En particular, se examina la relación entre estos dos autores atendiendo a dos puntos concretos: la metodología holística de una losofía práctica –entendida de modo amplio– y la teoría de la motivación ética. (shrink)

Este artigo enfoca a tensão existente entre o ideal deontológico da soberania de um Estado Democrático e Constitucional e o aspecto político da luta pelo reconhecimento contínuo das preferências religiosas por partes de grupos de sua sociedade civil, como uma dinâmica necessária a uma sociedade multirreligiosa, multicultural e até mesmo secularizada, mas que que vê livre e soberana. O artigo de divide em quatro partes: I) a primeira parte apresenta um enredo de formação da personalidade, linguagem e sociedade, logo também (...) de religião, revelando o papel importante da linguagem no processo de formação, coesão e reflexiva, tanto em contexto específico de cultura como também numa esfera pública multicultural. II) A segunda parte considera o contexto multicultural, no qual personalidades linguísticas se articulam em trocas simbólicas e em acordos normativos cooperativos ou colonizadores. Quando cooperativos, as relações linguísticas estão sob exigência do dever agir de modo que as expectativas de reciprocidades sejam aquelas que vá além das exercidas em comunidades culturais homogêneas ou dos interesses restritamente particulares. III) A terceira parte aborda a questão da inclusividade como prática fundamental de uma democracia multicultural; IV) Finalmente, a quarta parte discute a ideia hipotética de uma democracia constitucional que sobrevive sob a tensão dinâmica entre a regulação equânime do direitos mínimos ao bem-estar social e a inclusão e o reconhecimento jurídico de valores e dignidades publicitáveis. (shrink)

The main question dividing classical and high liberals is about how economic rights rank compared to other rights and public goals. That is, the question is about what can or cannot outweigh such rights. High liberals argue that economic rights can be outweighed by any legitimate state interest, such that they are prima facie rights. Neoclassical liberals, conversely, have recently sought to elevate economic rights to basic rights, which could then only be outweighed by other basic rights. This paper shows (...) where the real debate should be for classical liberals, challenging Samuel Freeman’s widely held distinction between classical and high liberalism. Economic rights are prima facie for all liberals in that they can be outweighed by, say, considerations of utility or social justice. Although neoclassical liberals are correct to say that such rights are much more important than high liberals normally recognize, it does not follow that economic rights are basic. (shrink)

The problem of act individuation is a debate about the identity conditions of human acts. The fundamental question about act individuation is: how do we distinguish between actions? Three views of act individuation have dominated the literature. First, Donald Davidson and G.E.M. Anscombe have argued that a number of different descriptions refer to a single act. Second, Alvin Goldman and Jaegwon Kim have argued that each description designates a distinct act. Finally, Irving Thalberg and Judith Jarvis Thomson have averred that (...) some acts are sequences of causally related events, which include both a primitive bodily action and some of its effects. All of these accounts have assumed that a simple invariantist account of act individuation captures how ordinary people distinguish between acts. For my dissertation, I devised an experiment to test the action theorists' assumptions. My data show that people's intuitions seem to depend on the valence of the consequences of the action under consideration. So, an invariantist account is not possible. In light of the empirical results, I argue that if we seek a folk account of act individuation, then that account should be able to explain the variability that seems to be present in people's intuitions about different cases. (shrink)

Contemporary debates about ideal and nonideal theory rest on an underlying consensus that the primary practical task of political theory is directing action. This overlooks other urgent practical work that theory can do, including showing how injustice can be made bearable and how resisting it can be meaningful. I illustrate this important possibility by revisiting the purpose for which John Rawls originally developed the concept of ideal theory: reconciling a democratic public to living in a flawed world that may otherwise (...) seem more of a home for catastrophe than justice. However, Rawls’s account of reconciliation is flawed; because of his methodology, the realistic utopia he constructs as a source of hope can be used to defend an unjust status quo. By drawing lessons from Theodor Adorno’s contrasting view of reconciliation after the Holocaust, I offer a more democratic method for political theory to offer sources of hope to the public. (shrink)

Rawls scholarship has not paid much attention to Rawls's early methodological writings so far, pretty much focusing on thereflective equilibrium(RE) which he is understood to have adopted inA Theory of Justice. Nelson Goodman's coherence-theoretical formulations concerning the justification of inductive logic inFact, Fiction and Forecasthave been suggested as the source of the RE. Following Rawls's methodological development in his early works, we shall challenge both these views. Our analysis reveals that the basic elements of RE can be located in his (...) ‘Two Concepts of Rules’ essay. We shall further show that the origins of RE go all the way back to Aristotle's methods of ethics, as RE accords with the methodology entitledsaving the appearances(SA) in recent Aristotle scholarship. (shrink)

An imperfect duty such as the duty to aid those in need is supposed to leave leeway for choice as to how to satisfy it, but if our reason for a certain way of satisfying it is our strongest, that leeway would seem to be eliminated. This paper defends a conception of practical reasons designed to preserve it, without slighting the binding force of moral requirements, though it allows us to discount certain moral reasons. Only reasons that offer criticism of (...) alternatives can yield requirements, but our reasons for particular ways of satisfying imperfect duties merely count in favor of the acts in question. When the state is authorized to take over charitable obligations, it should not be seen as enforcing fulfillment of our imperfect duties, but rather as forcing us to help fulfill collective duties that may be substantially modified by transfer to the state, replacing imperfect duties with perfect. Besides the cost to us in freedom of choice there is a moral cost to replacing the virtuous motives of charity with those that tend to accompany paying taxes. However, a compensating feature of state involvement is the fact that its more precise demands come with limits. (shrink)

After examining the ethical and political writings of Immanuel Kant, one finds an apparent paradox in his philosophy as his perfectionist moral teachings appear to be linked to his anti-perfectionist political theory. Specifically, he writes that the perfection of moral character can only take place for an individual who is inside of civil society, a condition where no laws may legitimately be implemented expressly for the purpose of trying to make individuals moral. Kant believes that living in civil society is (...) a necessary condition for an individual to refine his talents and reason completely, a process required by morality. I believe, however, that the connection between his moral and political theory runs much deeper than simply facilitating the refinement of talents. Kant's moral theory focuses on an individual's cultivation of virtue, but this cultivation cannot be most satisfactorily completed unless that individual is a member of civil society. Put differently, civil society plays a necessary role in cultivating an individual's character so that he is able to act from maxims consistent with the moral law, out of the respect for the law itself. However, because he believes that civic laws primarily intended to encourage moral cultivation cannot be implemented legitimately, it seems curious that this condition should play such a significant role in Kant's moral philosophy. Through this examination of Kant's moral and political theory, it will be shown that Kant's political society establishes a condition necessary for an individual's complete cultivation of virtue, not by implementing laws that make men moral but by weakening the forces of heteronomy, thereby removing barriers to moral action. (shrink)