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)

In this essay I develop W.E.B. Du Bois’s concept of double consciousness to demonstrate the limitations of Kant’s and Rawls’s models of self-respect. I argue that neither Kant nor Rawls can explain what self-respect and resistance to oppression warrants under the conditions of violent and systematic racial exclusion. I defend Du Bois’s proposal of voluntary black self-segregation during the Jim Crow era and explain why Du Bois believes that the black American community has a moral right to assert its self-respect (...) by mitigating exposure to racial violence and animus in a white-controlled polity. (shrink)

According to a widespread view, Kant's claim that moral wrongness has its ground in a contradiction underlying every immoral action is a “bluff” rooted in “dogmatic moralism”. Ever since Benjamin Constant's exchange with Kant, counterexamples have played a crucial role in showing why Kant's “universalization procedure” fails to determine the moral validity of our judgments. Despite recent attempts to bring Kant's ethics closer to Aristotle's, these counterexamples have prevailed. Most recently, Jesse Prinz has launched another attack along the same lines. (...) Prinz insists that Kant's universalization procedure fundamentally begs the question and fails to generate plausible results. Even authors who are very sympathetic to Kant, such as Allen Wood, have tried to downplay universalization, focusing instead on other formulations of the categorical imperative. In this paper, I respond directly to four of the most prominent counterexamples. In each case, I aim to show how we can uphold Kant's fundamental claim that the universal law formulation of the categorical imperative articulates the form of our particular moral judgments. (shrink)

In Kant’s “Doctrine of Right” there is a philosophical and interpretive puzzle surrounding the translation of a key concept: Gewalt. Should we translate it as “force,” “power,” or “violence”? This raises both general questions in Kant’s legal-political philosophy as well as puzzles regarding Kant’s definitions of “barbarism,” “anarchy,” “despotism,” and “republic” as the four possible political conditions. First, I argue that we have good textual reasons for translating Gewalt as “violence”—a translation which has the advantage that it answers these questions (...) and puzzles convincingly. Translating Gewalt as “violence” has two further, somewhat surprising advantages. It allows us to explain how human beings can be caught in situations with no morally good ways out, and it gives us an ideal Kantian refutation of the death penalty. I then explore Kant’s account of the establishment of public authorities by means of an analogy between the birth and development of a natural person (a human being) and an artificial one (a state). This analogy helps to clarify the difference between the necessary coercive element involved in ideally establishing a state and the likely violence involved in actually establishing one. The third and final section uses the ideas of barbarism, anarchy, despotism, and republic to identify four different types of political forces operating at any given time in actual historical societies. Once we use Kant’s theory to improve our understanding of the various challenges our historical societies present, we also realize the importance and usefulness of philosophical precision when we translate Gewalt as “violence” and correctly define barbarism, anarchy, despotism, and republic. (shrink)

The opening sentence of Christopher Meyers’ Target Article is “Lying to one’s patient is wrong”. The author continues, “This truism is one that bioethicists have heartedly endorsed fo...

In life there can be good reasons to break the rules. Some sports philosophers have suggested that this also holds for games. In this essay I will compare and contrast reasons for rule-breaking in life and in sports. Some of my focus will be on recent attempts to defend strategic fouling (by Eylon & Horowitz, Russell, and Flynn). Supporters of strategic fouling try to provide a philosophical underpinning for the practice, but they ignore the genealogy of such rule-violations. I will (...) also discuss how some legal theorists view rule-breaking and contrast this with sport. Lastly, I will introduce the idea of ‘transcendental rules’ in games. They are the conditions for the possibility of playing a game. Following Aurel Kolnai, I will argue that strategic fouling violates a transcendental rule – it is not just a moral error, it is also a conceptual error. (shrink)

ABSTRACT The author continues his challenge to the “official” Objectivist view of free will by addressing the implications of his value-determinism/conditional-volition model for various Objectivist moral concepts including value, sacrifice, virtue, obligation, and moral and legal responsibility and accountability. He argues that based on Rand’s definitions, the conventional understandings of sacrifice or betrayal of values, lapses in virtue, and breaches in morality need considerable reconceptualizing. The author gives special attention to Rand and Kant with regard to lying, use of force, (...) and acts of generosity, finding not nearly as much difference between them as is commonly believed. (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 paper attempts to construct a theoretical account of what melancholy—in a psychoanalytical and cultural sense—may mean for jurisprudence. It argues that the map of relations and displacements between the object and the subject that is associated with melancholy in different psychoanalytical approaches can be fruitfully adopted for understanding of normativity. Based on a thorough re-reading of Freud’s Trauer und Melancholie, it suggests that there is an irremovable component of melancholy contained in the primordial act of separation of normativity from (...) non-normative reality. This interpretation is confronted with Kelsen’s Theory of Pure Law in order to analyse in which respect the momentum of self-sufficiency within normativity entails structures of melancholy. Kelsen’s concept of ‘effectiveness’ is proposed as a key link which explains how melancholic withdrawal allows the law to interact with reality. Then the paper discusses Agamben’s theory of applicability and of the state of exception to demonstrate the law’s melancholic trap. Finally, the paper draws on Lacanian and post-Lacanian approaches to melancholy in order to investigate how melancholic momentum is inherent in the very structure of the law’s validity. (shrink)

To what extent are authors morally culpable for harms caused by their published work? Can authors be culpable even if their ideas are misused, perhaps because they failed to take precautions to prevent harmful misinterpretations? Might authors be culpable even if they do take precautions—if, for example, they publish ideas that others can be reasonably expected to put to harmful uses, precautions notwithstanding? Although complete answers to these questions depend upon controversial views about the right to free speech, this paper (...) argues that five notions from philosophy of law and legal practice—liability, burden of proof, legal causation, mens rea, and reasoning by precedent—can be adapted to provide an attractive moral framework for determining whether an author’s work causes harm, whether and how culpable the author is for causing such harm, steps authors may take to immunize themselves from culpability, and how to responsibly develop new rules for publishing ethics. (shrink)

Kant holds that whenever we fail to act from duty, we are driven by self-love. In this paper, we argue that there are a variety of different ways in which people go wrong, and we show why it is unsatisfying to reduce all of these to self-love. In doing so, we present Kant with five cases of wrongdoing that are difficult to account for in terms of self-love. We end by suggesting a possible fix for Kant, arguing that he should (...) either accept a pluralistic account of self-love, or move beyond the duty/self-love dichotomy entirely. (shrink)

The title of this essay describes its topic. I open by discussing the two-knowledges/one-object worry that Anscombe introduces through her famous example of the water-pumper. This sets the context for my main topic, viz., Anscombe’s remarks in _Intention_ on the similarities and differences between intentions and commands. These remarks play a key role in her argument’s shift from practical knowledge to the form of practical reasoning and in its subsequent shift back to practical knowledge. The remarks should be seen as (...) framing her account of practical reasoning’s distinctive logical form: they motivate the need for the account, and they then are then illuminated by the account in order to resolve the two-knowledges/one-object puzzle. I tackle these exegetical issues over the course of the essay, but my goals are not limited to exegesis. I think there are lessons both in the philosophy of mind and in ethics to be gleaned from a close study of these remarks on intentions and commands. Intentions, we discover, must not be understood as self-commands; once we see why, we can better understand Anscombe’s rather cryptic dismissal of Kantian ethics in "Modern Moral Philosophy ." The essay closes on this last point. (shrink)

This paper addresses the question of what value pluralism tells us about the pursuit of moral coherence as a method of moral reasoning. I focus on the status of the norm of ‘systematicity,’ or the demand that our principles be as few and as simple as possible. I argue that, given certain descriptive facts about the pluralistic ways we value, epistemic ways of supporting a systematicity norm do not succeed. Because it is sometimes suggested that coherence functions in moral reasoning (...) as it does in scientific reasoning, my argument considers analogies and disanalogies between moral reasoning and scientific reasoning. (shrink)

Kant’s essay ‘On a Supposed Right to Lie from Philanthropy’ claims that everyone has an unconditional duty of right not to lie under any circumstances. This claim creates a conflict within the doctrine of right because Kant also claims that each of us is under an unconditional duty of right to obey the positive law in force in the civil condition in all circumstances. In Kant’s specific example, truthfulness would violate the positive law because it would make the speaker an (...) accomplice to a crime. Since both duties flow from the requirement that we not act inconsistently with the possibility of rightful relations among humans, a juridical solution to the conflict must be possible. That solution is to recognize that lying in appropriate circumstances is akin to the use of force in self-defence or defence of a third party. (shrink)

In “On a Supposed Right to Lie from Philanthropy,” Kant holds the seemingly untenable position that lying is always prohibited, even if the lie is addressed to a murderer in an attempt to save the life of an innocent man. This article argues that Kant's position on lying should be placed back in its original context, namely a response to Benjamin Constant about the responsibility of individual agents toward political principles in post-revolutionary times. I show that Constant's theory of political (...) responsibility, which sanctions the lie, is not based on expediency, but on principled realism, whereas Kant endorses a position that I describe as ‘political juridicism.’ This analysis enables us to uncover two plausible Republican theories of political responsibility in post-revolutionary times behind an apparently strictly ethical debate. (shrink)

European Journal of Philosophy, EarlyView.

Critics often charge that Kantian ethics is implausibly rigoristic: that Kantianism recognizes a set of perfect duties, encapsulated in rules such as ‘don’t lie,’ ‘keep one’s promises,’ etc., and that these rules apply without exception. Though a number of Kantians have plausibly argued that Kantianism can acknowledge exceptions to perfect duties, this acknowledgment alone does not indicate how and when such exceptions ought to be made. This article critiques a recent attempt to motivate how such exceptions are to be made, (...) namely, the constitutive approach developed by Tamar Schapiro. I argue that the constitutive approach is vulnerable to the objection that it is too permissive, justifying many morally dubious exceptions to perfect duties. I conclude by briefly outlining an alternative ‘fine print’ approach to the rigorism objection that appears to avoid the objection leveled at Schapiro’s approach, focusing on how modifying the constituents of agents’ maxims can change the deontic status of an act of a generally impermissible kind. (shrink)

Inventing Knowledge: A Global & Historical Introduction to Philosophy is an open educational resource (OER) textbook designed for a cross-cultural historical-survey style Introduction to Philosophy course. While it was written with an undergraduate academic audience in mind, it should also be suitable for self-guided readers interested in philosophy. It covers ‘western' philosophy from the Presocratics of Ancient Greece through to the present day (and including the Islamic world). It also contains additional chapters on philosophy in India, China, Mesoamerica, and Africa. (...) The text touches on issues concerning, but not limited to, metaphysics, epistemology, ethics, political philosophy, philosophy of religion, and aesthetics. Upon working through the material covered here, students should be able to identify and discuss many of the central figures, concepts, problems, theories, and schools of philosophy across history and across the world. (shrink)