This paper considers two contenders for the title of highest good in Kant's theory of practical reason: happiness proportioned to virtue and the maximization of happiness and virtue. I defend the against criticisms made by Andrews Reath and others, and show how it resolves a dualism between prudential and moral practical reasoning. By distinguishing between the highest good as a principle of evaluation and an object of agency, I conclude that the maximization of happiness and virtue is a corollary of (...) the instantiation of the proportionality thesis. (shrink)

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...) powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

Against arguments that suggest that Rawls’s notion of reasonability is ‘obscure’ and ‘unclear’ I argue in this essay that the idea of reasonability in the later Rawls can be defended in three ways. First, it can be shown that reasonability is fundamental to the architectonic of the later work. Reasonability, and the subordination of reason to reasonability, is fundamental to the later (post-1980) writings. Second, it can be shown that reasonability is not necessarily a vague term as many have claimed. (...) Third, it can be shown that reasonability is fundamental to what Rawls calls the three major new ideas of Political Liberalism: overlapping consensus; the reconception of the priority of the right over the good; and the idea of public reason. (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)

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)

In, Kant defends a position that cannot be salvaged. The essay is nonetheless important because it helps us understand his philosophy of law and, more specifically, his interpretation of the social contract. Kant considers truthfulness a strict legal duty because it is the necessary condition for the juridical state. As attested by Kants arguments against the death penalty, not even the right to life has such strict unconditional status. Within the juridical state, established by the social contract, the innate right (...) to freedom is transformed into a bundle of merely positive rights, including the right to life. Understanding the reason for the rejection of thus helps us understand the, in a sense, character of Kant’s legal philosophy. In conclusion, some suggestions are made to bring his position closer to our common moral understanding. (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)

This article examines the question of private coercion in market societies, arguing for an unconditional basic income guarantee from a classical liberal viewpoint. It proposes three main arguments. First, classical liberals view the purpose of government to be the reduction of coercion, both public and private. Second, a proper understanding of the nature of coercion indicates that parties subject to certain types of hardship are being coerced. Third, where the total amount of coercion is reduced by eliminating the hardship, the (...) classical liberal state must do so to fulfill its purpose. Hence, this article argues that if the total amount of coercion in society can be reduced by the state employing the amount of coercion necessary to maintain an unconditional basic income guarantee, then the classical liberal state is obligated to maintain such a guarantee by its underlying justification. (shrink)

The main concern of this essay is to make a case for the thesis that Leibniz conceived of his philosophy as a way of life in something like the sense articulated in the works of Pierre Hadot. On this view, philosophy was a type of conduct, or a mode of existing‐in‐the‐world, which had to be practised at each instant, with the goal of transforming the whole of the individual’s life. The essay also serves as an introduction to some of the (...) main themes in Hadot’s work. While it includes a brief discussion of a number of the central components of Leibniz’s philosophy conceived as a way of life, the essay does not aim to do so in great detail. Rather, it offers a manifesto and initial road map. (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)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

Third-party decision-makers, orspectators, have emerged as a useful empirical tool in modern social science research on moral motivation. Spectators of a sort also serve a central role in Adam Smith's moral theory. This paper compares these two types of spectatorship with respect to their goals, methodologies, visions of human nature and emphasis on moral rules. I find important similarities and differences and conclude that this comparison suggests significant opportunities for philosophical ethics to inform empirical and theoretical research on moral preferences (...) and vice versa. (shrink)

_ Source: _Page Count 20 What is the relationship between justice and moral permissibility? If an action constitutes an injustice, does that decisively rule it out, morally speaking, or merely count heavily against it? This paper argues that although the injustice of an action counts heavily against performing it, this effect can sometimes be overridden by consequentialist concerns. This suggests that injustice does not conclusively rule out actions that generate it, which in turn suggests that an approach to justice that (...) conceives of it as an object of intrinsic moral value more accurately reflects the behavior of justice than do more traditional deontological approaches. (shrink)

Normative ethics asks: What makes right acts right? W. D. Ross attempted to answer this question inThe Right and the Good(1930). Most theorists have agreed that Ross provided no systematic explanatory answers. Ross's intuitionism lacks any decision procedure, and, as McNaughton (2002: 91) states, it ‘turns out after all to have nothing general to say about the relative stringency of our basic duties’. Here I will show that my own Rossian intuitionism does have a systematic way of explaining what makes (...) right acts right. Deontological theories have struggled to say what internal to acts could make them right. From Price to Ross, the striking but uninformative answer has beenthe natureof the act. In this paper I will provide a Rossian theory of the moral natures of acts. It contains a set of self-evident principles of moral stringency and other considerations that can assist agents in deciding what prima facie duty overrides what. (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics of Morals. I (...) argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

The article defends three claims regarding the relation between the different formulas of the categorical imperative. On its prevailing reading, FUL gives different moral guidance than FH; left answered, this problem is an argument for adopting a competing perspective on FUL. The prohibitions and commands of the formulas should be taken to be extensionally the same; but FKE adds a dimension missing from the others, gained by uniting their perspectives, namely, bringing the variety of moral laws into systematic unity. The (...) grammatically ambiguous phrase inGMS, 4: 436.9–10 claims that FA alone unites the other formulas in itself. (shrink)

The focus of my argument is whether, and in what sense, freedom is “revealed” by the fact of reason in Kant’s second Critique. I examine the passages in which Kant refers to the fact of reason and conclude that he uses the term to refer to our taking morality as authoritative, and to our apprehending the content of the moral law. I then point out how various commentators have claimed each to be the fact of reason. Next I address how (...) each is claimed by Kant to reveal “freedom” to us and argue that our taking morality as authoritative is best understood as referring to our conception of ourselves as autonomous beings, and that our apprehending the moral law’s content reveals only the idea of freedom as a coherent one. So neither would demonstrate not that we are actually autonomous, nor would their conjunction, despite what some commentators have claimed. In closing I defend the highly deflationary position that the fact of reason entitles us to postulate our freedom, but only from the practical point of view, and that it demonstrates that freedom is a coherent idea. (shrink)

Like two heavyweight boxers exchanging punches, but neither landing the knock-out blow, Kantians and Hegelians seem to be in a stand-off on what in contemporary parlance is known as the Empty Formalism Objection. Kant's ethics is charged with being merely formal and thereby failing to provide the kind of specific guidance that any defensible ethical system should have the resources to provide. Hegel is often credited with having formulated this objection in its most incisive way, and a wealth of Kantian (...) responses has been deployed to answer it. In this paper, I take up the objection as it appears in §135R ofElements of the Philosophy of Rightin order to scrutinise the contemporary debate between the two camps. I propose that there are, in fact, three different, albeit connected objections and examine the best Kantian replies to them. I will not adjudicate which of these replies is the most accurate interpretation of Kant's texts, nor trace the particular historical context in which Hegel takes up Kant's ethics, nor the way the Empty Formalism Objection fits into Hegel's wider system. This is partly because of constraints of space, and partly because many of the contemporary Kantian replies — for better or for worse — treat the Empty Formalism Objection as a self-standing philosophical problem, irrespective of its historical context or systematic place in Hegel's theory. My limited aim here is to show that, even if one grants — for argument's sake — the legitimacy of such a non-contextual approach, significant difficulties remain. (shrink)

In August 2017, a group of activists erected in Ottawa's downtown a tent as a first overdose prevention site as a response to what the public and the activists perceived as an epidemic—a devastating wave of opioid and fentanyl overdoses in Canada. The Ontario premier was urged to declare an emergency that would provide increased funding for harm reduction and also send a message to survivors and families that the lives of their loved ones mattered. Thus, the discourses around the (...) so‐called opioid crisis used a language of moral sentiments to legitimate political action. This “new humanitarianism” is considered a priori as good, but in this article, I ask what is politically at stake if we base our actions on the logic of humanitarian reason. The new universalism of humanitarian organizations is based on the individualism of human rights and thus on a moral imperative that replaces the political. Initiatives like the OPS movement often fill the gaps in social services in the absence of the state and address social problems as emergencies and public health issues, thereby transforming them into medical problems—performing the medicalization of sociopolitical problems. This is what I call the NGOization of the opioid crisis. This form of humanitarianism is a universalism of the temporal present without any universal promise for a better future or the amelioration of human conditions—it is a humanitarianism of emergency. What characterizes new humanitarianism is that it responds to situations of suffering that are the result of increasing inequality and injustices without addressing the root causes of this suffering. Not addressing these causes means to be complicit in perpetuating the inequalities and to restrict visions of possible alternatives. (shrink)

This article builds on David Velleman’s recent work on moral relativism to argue that Kant’s account of moral judgement is best read in a contextualist manner. More specifically, I argue that while for Kant the form of moral judgement is invariant, substantive moral judgements are nonetheless context-dependent. The same form of moral willing can give rise to divergent substantive judgements. To some limited extent, Kantian contextualism is a development out of Rawlsian constructivism. Yet while for constructivists the primary concern is (...) with the derivation of generally valid principles of morality, Velleman’s Kant-inspired form of moral relativism demonstrates the indispensability to a Kantian approach of indexical reasons for action. I argue in turn that Velleman’s focus on the indexical nature of reasons for action must be supplemented by an account of agential reflexivity. The latter divides Kantian contextualism from Kantian relativism. (shrink)

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)

As discussed by John Rawls, in a well-ordered society, a public political culture’s wide educational role bears the primary responsibility for developing reasonable individuals for the stability of a politically liberal society. Rawlsian scholars have also focused on the stability and enhancement of developed liberal democratic societies by means of those societies’ education systems. In this sense, one thing that is common to Rawlsian scholars’ and Rawls’s own understanding of the role of education appears to be a concern over the (...) stability of a politically liberal society since it is highly dependent on the character of its citizens. Also, it is usually believed that a politically liberal account of education can be implemented in a developed politically liberal society. In contrast, this study discusses the possibility of implementing a politically liberal account of education in a developing liberal society that may become a developed liberal democracy under an overlapping consensus. (shrink)

A comprehensive theory of rational prudence would explain how a person should adjudicate among the conflicting interests of her past, present, future and counterfactual selves. For example, when a person is having an identity crisis, perhaps because she has suddenly become disabled, she may be left with no sense of purpose to keep her going. In her despondent state, she may think it prudent to give up on life now even if she would soon adopt a different set of values (...) that would give her a renewed sense of meaning. Yet we may think that, in many cases, it would be irrational for such a person to allow herself to die. My aim is to explain this prudential intuition by developing a partial framework of rational prudence that interprets and applies the idea that a prudent person acts in ways that are justifiable to herself over time. (shrink)

The idea of the "original position" is one of the most famous concepts in contemporary political philosophy. Since the first publication of A Theory of Justice in 1971, the device of the original position has become a popular theoretical method in many political theorists' writings. Unfortunately, the true meaning of the original position is far from clear both in Rawls's and Rawlsians' accounts. This has caused a lot of misunderstanding and misuse of this concept in contemporary literature. This study attempts (...) to explore the more profound connotation of the original position by sorting out its relationship with Kant's categorical imperative procedure and argues that it is more appropriate to claim that Rawls's original position device is a development of Kant's categorical imperative procedure rather than the standard version of rational choice theory or social contract tradition. I demonstrate three essential similarities between Rawls's original position and Kant's categorical imperative procedure, which embodies Kantian constructivism: justificatory individualism, the reasonable presupposes and subordinates the rational, and the combination of moral and realistic considerations. (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.

Critical review of Charles Larmore The Autonomy of Morality.

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...

Kant famously claims that autonomy is the ground of dignity. If he is correct about the grounding relationship, then doubts about our autonomy entail doubts about our dignity. Here, I attempt to show that Kant is sensitive to this problem, and invokes the ‘fact of reason’ as the key piece of evidence for our autonomy, and therefore our dignity. But as is well known, Kant’s appeal to the Faktum is controversial. After presenting an exegetical case for the connection between dignity (...) and the fact of reason, I respond to two prominent criticisms of Kant’s strategy in the Critique of Practical Reason in attempt to defend Kant’s use of the Faktum, and hence to preserve his conception of the dignity of humanity. (shrink)