European Journal of Philosophy, Volume 29, Issue 4, Page 1010-1025, December 2021.

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

This is a semifinal draft of a forthcoming paper. Kant’s account of the pain of remorse involves a hybrid justification based on self-retribution, but constrained by forward-looking principles which say that we must channel remorse into improvement, and moderate its pain to avoid damaging our rational agency. Kant’s corpus also offers material for a revisionist but textually-grounded alternative account based on wrongdoers’ sympathy for the pain they cause. This account is based on the value of care, and has forward-looking constraints (...) much like Kant’s own account. Drawing on both Kant’s texts and recent work in empirical psychology, I argue that experiences of remorse which conform to the sympathetic account may fulfill Kant’s forward-looking goals better than those conforming to his own account. (shrink)

In this paper, I show that Kant’s solution to the third antinomy is a reply sui generis to the consequence argument. If sound, the consequence argument yields that we are not morally responsible for our actions because our actions are not up to us. After expounding the modal version of the consequence argument advanced by Peter van Inwagen, I show that Kant accepts a key inference rule of the argument as well as a requirement of alternate possibilities for moral blame. (...) Kant must therefore reject one of the premises of the consequence argument to be able to deny its conclusion. Whereas Kantian altered-past compatibilism denies the premise of the consequence argument which states the fixity of the past, Kantian altered-law compatibilism denies the premise that states the fixity of the laws of nature. My analysis shows that Kantian altered-past and altered-law compatibilism are logically consistent, yet it also reveals that they depend on strong metaphysical premises. It must be investigated whether these premises withstand textual scrutiny and whether they are credible in their own right. By way of conclusion, I draw the outlines of this investigation. (shrink)

The aim of this paper is to situate Kant in the debate on free will. Whereas Kantians often assume that Kant's views on free will cannot be brought under any of the headings of this debate, contemporary free will theorists commonly assume that Kant is an incompatibilist of the libertarian type. I argue against both assumptions: Kant can and should be characterized as a compatibilist and more specifically as a soft determinist. After removing some persistent misconceptions about Kant's position in (...) the free will debate, I contend that Kant affirms the truth of determinism, that he rejects the possibility of libertarian free will and that he considers the sort of freedom required for moral responsibility to be compatible with determinism. (shrink)

ABSTRACT Kant famously claims that we have all freely chosen evil. This paper offers a novel account of the much-debated justification for this claim. I reconstruct Kant’s argument from his affirmation that we all have a price – we can all succumb to temptation. I argue that this follows a priori from a theoretical principle of the Critique of Pure Reason, namely that all empirical powers have a finite, changeable degree, an intensive magnitude. Because of this, our reason can always (...) be overpowered by sensible inclinations. Kant moreover holds that this necessary feature of our moral psychology should not have been the case: We ought to instead be like the divine human being, for whom the moral law yields a greater incentive than any possible temptation. On Kant’s view, we are thus responsible for having a price, and the synthetic a priori fact that we do proves that we each made an initial choice of evil. (shrink)

According to Kant each person has an empirical character, which is ultimately grounded in one’s free choice. The popular Causal Laws interpretation of empirical character holds that it consists of the causal laws governing our psychology. I argue that this reading has difficulties explaining moral change, the ‘gradual reformation’ of our empirical character: Causal laws cannot change and hence cannot be gradually reformed. I propose an alternative Causal Powers interpretation of empirical character, where our empirical character consists of our mind’s (...) causal powers. The resulting picture of empirical character allows for moral change and Kantian weakness of will. (shrink)

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive luck provide a reason to accept a (...) pro-moral luck interpretation of Kant. (shrink)

Kant states in §76 of the third Critique that the divine intuitive intellect would not represent modal distinctions. Kohl and Stang claim that this statement entails that noumena lack modal properties, which, in turn, conflicts with Kant’s attribution of contingency to human noumenal wills. They both propose resolutions to this conflict based on conjectures regarding how God might non-modally represent what our discursive intellects represent as modally determined. I argue that these proposals fail; the viable resolution consists in recognizing that (...) we modalize human noumenal wills as a merely regulative-practical principle in our judgements of imputation. (shrink)