It is often debated whether what we ought, politically, to do is determined by standards that are independent of any actual political process or whether, by contrast, judgments reached in actual democratic processes have constitutive importance in determining what we should do. This paper argues that this is not an exclusive disjunction and that, consistently with there being independent standards, constitutively authoritative judgments can enter into the truth-conditions pertaining to claims about what we ought, politically, to do. The crucial objection (...) to constitutive judgment is that it involves an unacceptable form of bootstrapping, according to which reasons arise out of nothing. To circumvent this objection, the paper deploys John Broome's notion of a wide-scope 'normative requirement'. Normative requirements affect what ought to be done without altering the balance of reasons and defuse the bootstrapping objection by blocking the derivation of all-things-considered conclusions. To show that politics involves constitutive authority of this kind, the paper defends two illustrative normative requirements applicable to the political process that give constitutive roles to political judgments of various kinds. Throughout, the discussion is enlivened by comparisons to the judgments of a baseball umpire, which have been illuminatingly discussed by Robert Brandom. (shrink)

This book brings together the lectures that inspired a generation of students--and a regeneration of moral philosophy.

I defend the claim that Kant is a moral antirealist, or (as he would state it) moral idealist. I first define moral realism and moral idealism, concluding that moral idealism requires that every moral property depend upon the minds of moral agents. Kant's metaethical theory is idealist regarding the nature of value, since it depends upon the voluntary choices of moral agents in pursuing particular ends, the nature of right, since the categorical imperative stems from moral agents' own reason, and (...) the nature of moral agency, since freedom is construed in terms of the use of reason. (shrink)

This paper demonstrates the innovative character of the approach to metaethics underlying John Dewey’s pragmatism. Dewey's theory of evaluation is contrasted with one of the most dominant contemporary metaethical theses: constructivism. I show that the insistence placed by metaethical constructivists on the actor’s practical point of view, on the rejection of the subjective preferences model, and on a specific form of ethical antirealism and naturalism echoes some of the most crucial claims made by Dewey. This argumentation leads to my main (...) hypothesis: an analysis of Dewey's conception of evaluation allows us to highlight the groundbreaking character of its metaethical approach—an approach that will be characterized as fairly constructivist. (shrink)

The goal of the following paper is to consider the development and viability of Korsgaard’s latest work, Self-Constitution. More specifically, I show that we should understand this book as a response to difficulties with both Korsgaard’s argument in 1996’s The Sources of Normativity and Korsgaard’s earlier attempts to explain what marks the difference between realist and constructivist approaches to ethical theory. I begin by focusing primarily on her essay “Realism and Constructivism in Twentieth-Century Moral Philosophy.” Here I consider exactly how (...) Korsgaard defines constructivism and what makes constructivism different from realist approaches to ethics. I then examine Korsgaard’s two most influential books – Sources and Self-Constitution – in light of this definition. Looking at Sources I argue that there is a serious problem with Korsgaard’s attempt to develop a constructivist moral theory; more specifically, I expose a tension in Korsgaard’s claim that ethical concepts both are rooted in a philosophy of action and exist only as the solution to a concrete practical problem. I then turn to Self-Constitution. I show that a different account of the distinction between realism and constructivism is proposed, one that not only seems designed to avoid the problems that plagued Sources but also forces Korsgaard to significantly revise and retreat from earlier attempt to distinguish constructivism from realism. Finally, I argue that obstacles remain for even this more moderate account. -/- . (shrink)

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...) voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

Onora O'Neill; I *—The Presidential Address: Constructivisms in Ethics, Proceedings of the Aristotelian Society, Volume 89, Issue 1, 1 June 1989, Pages 1–18, ht.

Conceptions of individual autonomy and of rational autonomy have played large parts in twentieth century moral philosophy, yet it is hard to see how either could be basic to morality. Kant's conception of autonomy is radically different. He predicated autonomy neither of individual selves nor of processes of choosing, but of principles of action. Principles of action are Kantianly autonomous only if they are law-like in form and could be universal in scope; they are heteronomous if, although law-like in form, (...) they cannot have universal scope. Puzzles about claims linking morality, reason and autonomy are greatly reduced by recognising the distinctiveness of Kantian autonomy. (shrink)

I defend constitutivism against two prominent objections and argue that agential constitutivism has the resources to take normative and ethical deliberation seriously. I first consider David Enoch’s shmagency challenge and argue that it does not form a coherent objection. I counter Enoch’s view that the phenomenology of first-person deliberation pragmatically justifies belief in irreducibly realist normative truths, claiming that constitutivism can respect the practice of moral deliberation without appeal to robustly realist truths. Secondly, I argue that the error theoretic worry (...) that all normative judgements are false does not threaten constitutivism ; the objection either fails to shift the burden of proof to constitutivism, or poses justificatory challenges that constitutivism can meet. I conclude that a questionable foundationalism about justification underlies these objections. (shrink)

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

Constitutivist accounts in metaethics explain the normative standards in a domain by appealing to the constitutive features of its members. The success of these accounts turns on whether they can explain the connection between normative standards and the nature of individuals they authoritatively govern. Many such explanations presuppose that any member of a norm-governed kind must minimally satisfy the norms governing its kind. I call this the Threshold Commitment, and argue that constitutivists should reject it. First, it requires constitutivists to (...) restrict the scope of their explanatory ambitions, because it is not plausibly true of social kinds. Second, despite the frequent reliance on physical artifacts in constitutivists’ illustrations of the Threshold Commitment, it counter-intuitively entails that physical artifacts can cease to exist without being physically destroyed. Third, it misconstrues the normative force of authoritative norms on very defective kind-members because it locates this force not in the norm, but in the threat of non-existence. Fortunately, constitutivism can be decoupled from the Threshold Commitment, and I close by sketching a promising alternative account. (shrink)

Constitutivism explains norms in terms of their being constitutive of agency, actions, or certain propositional attitudes. However, the shmagency objection says that if we can be shmagents – like agents, minus the norm-explaining features of agency – we can avoid the norms, so the explanation fails. This paper extends this objection, arguing that constitutivists about practical norms suffer from it despite their recent attempts to solve it. The standard response to the objection is that it is self-defeating for agents to (...) become shmagents. I agree, but the response ignores the possibility of shmagents who consider whether to be agents while already standing outside agency. Another response says that we ought to be agents because agency is, in some sense, normatively valuable, and if so, we can explain norms in terms of this valuable form of agency. But then the norms that our constitutions are supposed to explain are underdetermined because it is unclear how much we ought to care about this value. I conclude that the shmagency objection has yet to be answered. (shrink)

Constructivism about practical judgments, as I understand it, is the notion that our true normative judgments represent a normative reality, while denying that that reality is independent of our exer-cise of moral and practical judgment. The Kantian strain of practical constructivism (through Kant himself, John Rawls, Christine Korsgaard, and others) has been so influential that it is tempting to identify the constructivist approach in practical domains with the Kantian development of the out-look. In this essay I explore a somewhat different (...) variety of practical constructivism, which I call Aristotelian Constructivism. My aim is to establish conceptual space for this form of constructivism by indicating both in what ways it agrees with its Kantian counterparts and in what ways it differs. I argue that Aristotelian Constructivism is on one sense more faithful to the constructivist enterprise than the Kantian varieties, in that its understanding of both the establishment of practical truth and the vindication of the theory itself is constructivist. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

In this paper I trace the development of one of the central debates of late twentieth-century moral philosophy—the debate between realism and what Rawls called “constructivism.” Realism, I argue, is a reactive position that arises in response to almost every attempt to give a substantive explanation of morality. It results from the realist’s belief that such explanations inevitably reduce moral phenomena to natural phenomena. I trace this belief, and the essence of realism, to a view about the nature of concepts—that (...) it is the function of all concepts to describe reality. Constructivism may be understood as the alternative view that a normative concept refers schematically to the solution to a practical problem. A constructivist account of a concept, unlike a traditional analysis, is an attemptto work out the solution to that problem. I explain how the philosophies of Kant and Rawls can be understood on this model. (shrink)

In Self-Constitution, I argue that the principles governing action are “constitutive standards” of agency, standards that arise from the nature of agency itself. To be an agent is to be autonomousl...

Normativity involves two kinds of relation. On the one hand, there is the relation of being a reason for. This is a relation between a fact and an attitude. On the other hand, there are relations specified by requirements of rationality. These are relations among a person's attitudes, viewed in abstraction from the reasons for them. I ask how the normativity of rationality—the sense in which we ‘ought’ to comply with requirements of rationality—is related to the normativity of reasons—the sense (...) in which we ‘ought’ to have the attitudes what we have conclusive reason to have. The normativity of rationality is not straightforwardly that of reasons, I argue; there are no reasons to comply with rational requirements in general. First, this would lead to ‘bootstrapping’, because, contrary to the claims of John Broome, not all rational requirements have ‘wide scope’. Second, it is unclear what such reasons to be rational might be. Finally, we typically do not, and in many cases could not, treat rational requirements as reasons. Instead, I suggest, rationality is only apparently normative, and the normativity that it appears to have is that of reasons. According to this ‘Transparency Account’, rational requirements govern our responses to our beliefs about reasons. The normative ‘pressure’ that we feel, when rational requirements apply to us, derives from these beliefs: from the reasons that, as it seems to us, we have. (shrink)

In The Sources of Normativity, Christine Korsgaard affirms that Enlightenment morality is true: humanity is valuable. To many of us few claims seem more obvious. Yet Enlightenment thinkers such as Kant do not limit themselves to affirming that humanity is valuable. They appeal to reason in an effort to establish it. They try to show that, in some sense, we are rationally compelled to recognize the value of humanity. Korsgaard joins in this effort. She champions the claim that unless we (...) take humanity to be valuable, we condemn ourselves to complete practical skepticism, i.e., to the view that we have no reason to do anything at all.Korsgaard discusses two arguments that, she believes, support this claim. The first she attributes directly to Kant in a series of influential papers on his ethics. The second argument, which she calls a ‘fancy new model’ of the first, she constructs under her own name in The Sources of Normativity. I will defend the view that neither of these arguments succeeds. In doing so, I will not be trying to show that we are mistaken in believing humanity to be valuable. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

Philosophers commonly wonder what a constructivist theory as applied to practical reasons might look like. For the methods or procedures of reasoning familiar from moral constructivism do not clearly apply generally, to all practical reasons. The paper argues that procedural specification is not necessary, so long as our aims are not first‐order but explanatory. We can seek to explain how there could be facts of the matter about reasons for action without saying what reasons we have. Explanatory constructivism must assume (...) constructive “norms of practical reasoning” which yield particular truths without assuming them. But philosophers often mistakenly assume that only “formal” norms of reasoning could fulfill this role. The paper describes a further possibility: norms of reasoning can be “situation‐specific” and yet retain truth‐independent authority. Though we might doubt whether such norms can be independently defended, we should not doubt the possibility or coherence of constructivism about practical reasons. (shrink)

Kant takes autonomy to be recognizably valuable. In claiming that non-Kantian views of morality treat the morally good will as heteronomous, he intends to present an objection to these views. He expects proponents of these views to recognize that the implication of heteronomy is a serious objection; his task is not to convince them that heteronomy is bad, but to convince them that their views imply heteronomy.

Why should we be interested in Kant's ethical theory? One reason is that we find his views about our moral responsibilities appealing. Anyone who thinks that we should treat other people with respect, that we should not use them as a mere means in ways to which they could not possibly consent, will be attracted by a Kantian style of ethical theory. But according to recent supporters of Kant, the most distinctive and important feature of his ethical theory is not (...) his claims about the particular ethical duties that we owe to each other, but his views about the nature of value. They argue that Kant has an account of the relationship between practical reason and value, known as "Kantian constructivism" that is far superior to the traditional "value realist" theory, and that it is because of this that we should accept his theory.1 It is now standard for both supporters and critics to claim that Kant's moral theory stands or falls with Kantian constructivism.2 But this is a mistake. In this paper, I sketch a rival Kantian theory of value, which I call Kantian value realism. I argue that there is textual evidence that Kant himself accepted value realism rather than constructivism. Whilst my aim in this paper is to set out the theory clearly rather than to defend it, I will try to show that Kantian value realism is preferable to Kantian constructivism and that it is worthy of further study. (shrink)

Properly understood, Kant’s moral philosophy is incompatible with constitutivism. According to the constitutivist, being subject to the moral law cannot be a matter of free choice, and failure to c...

In The Sources of Normativity, Christine Korsgaard presents and defends a neo-Kantian theory of normativity. Her initial account of reasons seems to make them dependent upon the practical identity of the agent, and upon the value the agent must place on her own humanity. This seems to make all reasons agent-relative. But Korsgaard claims that arguments similar to Wittgenstein’s private-language argument can show that reasons are in fact essentially agent-neutral. This paper explains both of Korsgaard’s Wittgensteinian arguments, and shows why (...) neither of them work. The paper also provides a brief sketch of a different Wittgensteinian account of reasons that distinguishes the normative role of justification from that of requirement. On this account, the real agent-neutrality of reasons applies to their justificatory role, but not to their requiring role. (shrink)

Some commentators have attributed constructivism to Kant at the first-order level; others cast him as a meta-ethical constructivist. Among meta-ethical constructivist interpretations I distinguish between ‘atheistic’ and ‘agnostic’ versions regarding the existence of an independent moral order. Even though these two versions are incompatible, each is linked with central Kantian doctrines, revealing a tension within Kant's own view. Moreover, among interpretations that cast Kant as rejecting substantive realism but embracing procedural realism, some (i.e., those that are ‘constructivist’) face charges of (...) indeterminacy or relativism, while others (practical reasoning views) face ‘daunting rationalism’ objections. I close with some objections to interpreting Kant as a meta-ethical constructivist. (shrink)

The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend that (...) a regard for publicity and a moral conception’s potential to provide a public basis for justification and agreement account for much of the evolution of Rawls’s account of justice after A Theory of Justice . I also discuss whether contractualism can provide a basis for justification and general agreement under the social conditions that it endorses. I contend that it cannot, and conclude with a discussion showing why this should not be a problem for contractualism. Despite appearances, contractualism is a distinctive form of contractarianism, substantially different from Rawls’s position and the social contract tradition out of which it evolved. Key Words: contractarianism • contractualism • John Rawls • public justification • T.M. Scanlon • justice. (shrink)

The dominant interpretation of Kant as a moral constructivist has recently come under sustained philosophical attack by those defending a moral realist reading of Kant. In light of this, should we read Kant as endorsing moral constructivism or moral realism? In answering this question we encounter disagreement in regard to two key independence claims. First, the independence of the value of persons from the moral law (an independence that is rejected) and second, the independence of the content and authority of (...) the moral law from actual acts of willing on behalf of those bound by that law (an independence that is upheld). The resulting position, which is called not ‘all the way down’ constructivism, is attributed to Kant. (shrink)

There are two standard conceptions of the functioning of and rationale for the diachronic will, i.e., for an agent's capacity to settle on her future conduct in advance. According to the pragmatic-instrumentalist view, the diachronic will benefits us by increasing the long-term satisfaction of our rational preferences. According to the cognitive view, it benefits us by satisfying our standing desire for self-knowledge and self-understanding. Contrary to these views, I argue for a constitutive view of the diachronic will: the rationale for (...) it is that it makes possible to engage in activities with a radically novel temporal structure, activities that are not merely continuous over time, but temporally integrated and unified. These activities are essential to our form of life and to our existence as temporally unified agents. The instrumental and cognitive benefits, if any, are merely secondary to the ontological ones. (shrink)

A common feature of all versions of constitutivism is the “simple constitutivist move” to the effect that engagement in any enterprise requires respecting the constitutive standards of the enterpri...