Abstract
Kant’s argument in § 38 of the *Critique of Judgment* is subject to a dilemma: if the subjective condition of cognition is the sufficient condition of the pleasure of taste, then every object of experience must produce that pleasure; if not, then the universal communicability of cognition does not entail the universal communicability of the pleasure. Kant’s use of an additional premise in § 21 may get him out of this difficulty, but the premises themselves hang in the air and have no independent plausibility. What Kant offers as a proof of our right to make judgments of taste is more charitably construed as an indirect argument for the adequacy of a speculative explanation of a *presumed* right to make judgments of taste.