In this paper I argue that there would be no obligatory maxims if the only standards for assessing maxims were Kant’s universalizability tests. The paper is divided into five sections. In the first, I clarify my thesis: I define my terms and disambiguate my thesis from other related theses for which one might argue. In the second, I confront the view that says that if a maxim passes the universalizability tests, then there is a positive duty to adopt that maxim; (...) I also confront a close relative of this view. In the third, I confront the view that says that if a maxim does not pass the universalizability tests, then there is a positive duty to adopt the contradictory of that maxim. In the fourth, I confront two variations of the view that says that if a maxim does not pass the universalizability tests and an agent is deliberating about the action in the maxim, then the agent has a positive duty to adopt the contrary of that maxim. In the fifth, I confront the view that says that if an agent has adopted a maxim of ends, then the agent has a positive duty to universalize that end. I then wrap up the paper with some concluding remarks. (shrink)

The following seems to be a truism in modern day philosophy: No agent can have had other parents (IDENTITY). IDENTITY shows up in discussions of moral luck, parenting, gene editing, and population ethics. In this paper, I challenge IDENTITY. I do so by showing that the most plausible arguments that can be made in favor of IDENTITY do not withstand critical scrutiny. The paper is divided into four sections. In the first, I document the prevalence of IDENTITY. In the second, (...) I examine a defense of IDENTITY on the basis of genetic considerations. In the third, I examine a defense of IDENTITY that I call gamete essentialism. In the fourth, I return to genetic considerations to wrap up the paper. (shrink)

In Wilmot-Smith’s recent “Law, ‘Ought’, and ‘Can’,” he argues that legal obligation does not imply ability. In this short reply, I show that Wilmot-Smith’s arguments do not withstand critical scrutiny. In section 1, I attack Wilmot-Smith’s argument for the claim that allowing for impossible obligations makes for a better legal system, and I introduce positive grounds for thinking otherwise. In section 2, I show that, even if Wilmot-Smith had established that impossible obligations make for a better legal system, his subsequent (...) attack on OIC fails. (shrink)

Šis straipsnis padalintas į tris dalis. Pirmojoje ir antrojoje dalyse pristatau žinomą Ištroškusio keliautojo mintinį eksperimentą ir analizuoju, kaip Carolina Sartorio aiškina jo kauzalinę struktūrą. Teigiu, kad kruopštesnis nagrinėjimas atveria šio aiškinimo spragas. Trečiojoje dalyje nagrinėju Sartorio siūlomą naują moralinės sėkmės rūšį, kurią, jos manymu, Ištroškusio keliautojo atvejis atskleidžia. Toliau išplečiu argumentacijos lauką apžvelgdamas kitas šiuolaikines moralinės sėkmės kategorijas ir darau išvadą, kad visos jos nepakankamai apgalvotos.

Kant’s Formula of Humanity can be analyzed into two parts. One is an injunction to treat humanity always as an end. The other is a prohibition on using humanity as a mere means. The second is often referred to as the FH prohibition or the mere means prohibition. It has become popular to interpret this prohibition in terms of consent. The idea is that, if X uses Y's humanity as a means and Y does not consent to it, then X (...) uses Y's humanity as a mere means. There is then debate about the kind of consent that is relevant: possible, actual, or rational. In this paper, I argue against this interpretation. Section one sets up the consent account. Section two attacks possible and actual consent accounts on doctrinal grounds. Section three extends this doctrinal attack to rational consent accounts. Section four circles back to the original motivation for the consent interpretation. I argue that the consent account rests on a misinterpretation, and I conclude with a quick sketch of an alternative interpretation of the FH prohibition. (shrink)

I argue that Kant’s Categorical Imperative should be applied to individual maxim tokens rather than abstract maxim types. The article is divided into five sections. In the first, I explain my thesis. In the second, I show that my thesis disagrees with Rawls. In the third, I argue for my thesis on the basis of the wording of the Categorical Imperative and on the basis of considerations about autonomy. In the fourth, I argue for my thesis on the basis of (...) considerations about the ‘ought implies can’ principle. In the fifth, I provide a summary of the main argumentative moves and also explain some of the philosophical advantages of my thesis. (shrink)

In this paper, I argue that Kant gives a philosophically plausible derivation of the general duty of benevolence and that this derivation can be used to show how to derive other general duties of commission with the universalizability tests.The paper is divided into four sections. In the first, I explain Kant’s notion of a general duty. In the second, I introduce the universalizability tests. In the third, I examine and argue against an account in the secondary literature of how to (...) derive general duties from these tests. In the fourth, I look at Kant’s derivation of the duty of benevolence in the Metaphysics of Morals, and I suggest how this reasoning can be extended to other duties. (shrink)

In Harry Frankfurt’s seminal “Alternate Possibilities and Moral Responsibility,” he advances an argument against the Principle of Alternate Possibilities: if an agent is responsible for performing some action, then she is able to do otherwise. However, almost all of the Frankfurt cases in this literature involve impermissible actions. In this article, I argue that the failure to consider other deontic categories exposes a deep problem, one that threatens either to upend much current moral theorizing or to upend the relevance of (...) Frankfurt cases. (shrink)

In the modern moral luck debate, Kant is standardly taken to be the enemy of moral luck. My goal in this paper is to show that this is mistaken. The paper is divided into six sections. In the first, I show that participants in the moral luck literature take moral luck to be anathema to Kantian ethics. In the second, I explain the kind of luck I am going to focus on here: consequence luck, a species of resultant luck. In (...) the third, I explain why philosophers have taken Kantian ethics to reject moral luck and, in particular, consequence luck. In the fourth, I explain why these philosophers are mistaken, and I set out Kant’s theoretical framework for consequence luck. In the fifth, I clarify and defend this framework, and in the sixth, I interrogate and attack it. (shrink)

Many take Kantian ethics to founder when it comes to our duties to animals. In this paper, I advocate a novel approach to this problem. The paper is divided into three sections. In the first, I canvass various passages from Kant in order to set up the problem. In the second, I introduce a novel approach to this problem. In the third, I defend my approach from various objections. By way of preview: I advocate rejecting the premise that nonhuman animals (...) are nonrational. (shrink)

In this article, I make a novel argument for scientific antirealism. My argument is as follows: (1) the best human chess players would lose to the best computer chess programs; (2) if the best human chess players would lose to the best computer chess programs, then there is good reason to think that the best human chess players do not understand how to make winning moves; (3) if there is good reason to think that the best human chess players do (...) not understand how to make winning moves, then there is good reason to think that the best human theories about unobservables are wrong; therefore, (4) there is good reason to think that the best human theories about unobservables are wrong. The article is divided into three sections. In the first, I outline the backdrop for my argument. In the second, I explain my argument. In the third, I consider some objections. (shrink)

The artwork from Bruno Bettelheim's Empty Fortress supplies a model of resistance to depiction. Little Joey, an autistic patient whose identity was likely forged, is a political agent despite evading representation. By doing so, he contests for authorship of "autistic identity" decades before the neurodiversity movement began.

In this discussion note, I aim to reconstruct and assess Korsgaard's recent attempt to extend her regress argument. I begin, in section 1, with a brief recapitulation of the regress argument. Then, in section 2, I turn to the extension. I argue that the extension does not work because Korsgaard cannot rule out the possibility--a possibility for which there is both empirical evidence and argumentative pressure coming directly from the original regress--that we value animality in ourselves qua animality of rational (...) beings. (shrink)

Die meisten Philosophen stimmen darin überein, dass Kant sich dem Prinzip „Sollen impliziert Können“, bzw. „ought implies can“ (OIC), verschrieben hat. Allerdings sind sich nur wenige darüber einig, wie die Bedeutung von OIC zu verstehen ist. Außerhalb der Kant-Wissenschaft gibt es Debatten über die Bedeutung von „sollen“, die Bedeutung von „impliziert“ und die Bedeutung von „können“ in diesem Prinzip. Innerhalb der Kant-Forschung besteht kein Konsens darüber, was Kant zu diesen Themen dachte. In diesem Artikel versuche ich, diese Situation zu verbessern. (...) In Abschnitt I überprüfe ich die Sekundärliteratur zu Kants Engagement für OIC und erkläre, wo die Interpretation meiner Meinung nach schief geht. In Abschnitt II untersuche ich einige der direkten Textbeweise dafür, dass Kant eine bestimmte Version von OIC zugeschrieben wird. In Abschnitt III lege ich dar, was meiner Meinung nach die wichtigsten doktrinären Gründe dafür sind, Kant diese Version von OIC zuzuschreiben. (shrink)

My goal in this paper is to show that two theses that are widely adopted among Kantian ethicists are irreconcilable. The paper is divided into four sections. In the first, I briefly sketch the contours of my own positive view of Kantian ethics, concentrating on the issues relevant to the two theses to be discussed: I argue that agents can perform actions from but not in conformity with duty, and I argue that agents intentionally can perform actions they take to (...) be contrary to duty. In the second, I focus on Barbara Herman’s non-accidental rightness condition from “On the Value of Acting from Duty.” In the third, I focus on Christine Korsgaard’s guise of the objectively good from “Formula of Humanity.” In the fourth, I explain why the positions developed by Herman and Korsgaard are irreconcilable and I make a suggestion about how to move forward. (shrink)

Lecture Notes On Eric Schmid's "Prospectus to a Homotopic Metatheory of Language" Presented at the Book Release Event at Triest Gallery (NYC) on January 19, 2024 -/- Prospectus to a Homotopic Metatheory of Language by Eric Schmid proposes that mathematics does not involve the discovery of a synthetic a priori. In other words, mathematics is not a stable transcendent object of knowledge. Instead, Schmid defines math as a language that depends on an infinitely large network topology of inferences. Importantly, this (...) metatheory can be applied not just to the disciplinary specific languages of computer & natural science, but also ordinary & public languages. Mathematics is not the discovery of transcendent concepts, but a dynamic evolving language of inquiry. (shrink)

In this paper I discuss Kant’s theory of conscience. In particular, I explicate the following two claims that Kant makes in the Metaphysics of Morals: (1) an erring conscience is an absurdity and (2) if an agent has acted according to his/her conscience, then s/he has done all that can be required of him/her. I argue that (1) is a very specific claim that does not bear on the problem of moral knowledge. I argue that (2) rests on a strongly (...) internalist line of argument. (shrink)

I want to distinguish between maxims at three levels of abstraction. At the first level are what I shall call individual maxims, or i‐maxims: maxim tokens as adopted by particular rational beings. At the second level are abstract maxims, or a‐maxims: abstract principles distinct from any individual who adopts them. At the third level are maxim kinds, or k‐maxims: sets of various action‐guiding principles that are grouped on the basis of their content. In this paper, I argue for the thesis (...) that i‐maxims are the locus of assessment in Kant's ethics. (shrink)

In a recent paper, Chunghyoung Lee argues that, because zygotes are developmentally plastic, they cannot be numerically identical to the singletons into which they develop, thereby undermining conceptionism. In this short paper, I respond to Lee. I argue, first, that, on the most popular theories of personal identity, zygotic plasticity does not undermine conceptionism, and, second, that, even overlooking this first issue, Lee’s plasticity argument is problematic. My goal in all of this is not to take a stand in the (...) abortion debate, which I remain silent on here, but, rather, to push for the conclusion that transitivity fails when we are talking about numerical identity of non-abstract objects. (shrink)

In a series of well known publications, Christine Korsgaard argues for the claim that an agent acts morally just in case s/he acts autonomously. Two of Korsgaard's signature arguments for the connection between morality and autonomy are the "argument from spontaneity" and the "regress argument." In this paper, I argue that neither the argument from spontaneity nor the regress argument is able to show that an agent would be acting wrongly even if s/he acts in a paradigmatically heteronomous fashion.

In this paper I intend to raise a problem for so-called Frankfurt examples. I begin by describing the examples and what they are used for. Then I describe the problem.

The purpose of this paper is to show that, if Kant’s universalization formulations of the Categorical Imperative are our only standards for judging right from wrong and permissible from impermissible, then we have no obligations. I shall do this by examining five different views of how obligations can be derived from the universalization formulations and arguing that each one fails. I shall argue that the first view rests on a misunderstanding of the universalization formulations; the second on a misunderstanding of (...) the concept of an obligation; the third on a misunderstanding of the concept of a maxim; the fourth on a misunderstanding of the limits of action description; and the fifth on a misunderstanding of the universalization formulations again. (shrink)

In this article, I explore an important difference between circumstantial luck on the one side and resultant and constitutive luck on the other. In section 1, I argue that, in circumstantial luck, the object of luck and the object of moral judgment are different even though, in resultant and constitutive luck, they are the same. In section 2, I explain that this difference (1) has the potential to undermine the regress argument for moral luck; (2) makes viable the “selective moral (...) luck” argument strategy (affirming some species of moral luck but denying others); and (3) has implications for the heritability of luck. (shrink)

According to Kant, if an agent acts according to his/her conscience, then s/he has done all that s/he ought as far as morality is concerned. But Kant thinks that agents can be mistaken in their subjective determinations of their duties. That is, Kant thinks it is possible for an agent to believe that some action X is right even though it is an objective truth that X is not right; according to Kant, agents do not have infallible knowledge of right (...) and wrong. In this paper, I explore this doctrine in order to determine whether it is defensible. In particular, I confront the blameworthiness of acting contrary to fallible knowledge and the blamelessness of acting according to fallible judgment. (shrink)

In Book I of the Religion within the Boundaries of Mere Reason Kant offers an explanation of freedom and moral good and evil that is different from that offered in the Groundwork for a Metaphysics of Morals. My primary goal in this paper is to analyze and elucidate this new theory. My secondary goal is to contrast this new theory with the older one that it is replacing. I argue that the new theory, which centers on the idea that evil (...) involves a sort of misprioritizing, enables Kant to get around two problems associated with the older theory. (shrink)

This paper considers imagination a performative expression using an ethico-aesthetic paradigm. Using William James’ notion of “medical materialism” as a critical tool, I turn to the work of autistic poet Tito Mukhopadhyay, demonstrating how disability politics restructures totalizing systems of domination without referring to rights or identity claims.

In Bencivenga’s “Consequences in Kantian Ethics,” he offers a version of Kant’s ethics according to which the most rational approach to living one’s life is “to always imagine what might follow from one’s moves and to choose moves accordingly” (284), but according to which agents always nevertheless must be modest in their judgments about what they ought to do because the actual consequences of their actions might not turn out as they imagined. In this way, he tries to foreground the (...) role of consequences in Kant's ethics. In this paper, I argue against Bencivenga and, in particular, against the idea that according to Kant, to determine whether an agent’s action is good we must wait for its consequences to unfold in time. (shrink)

In this paper, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how the Formula (...) of Universal Law can be employed to determine the deontic status of action tokens, action types, and maxims. (shrink)

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or to adopt maxims) cannot. The (...) paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (shrink)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...) Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

My aim here is to make sense of Plato's account of desire in the middle dialogues. To do that I need to unify or reconcile what are at first sight two quite different accounts: the doctrine of eros in the Symposium and the tripartite theory of motivation in the Republic. It may be that the two theories are after all irreconcilable, that Plato simply changed his mind on the nature of human desire after writing the Symposium and before composing the (...) Republic. But that conclusion can be justified only if attempts to reconcile the two theories end in failure. The attempt must be made first. (shrink)

In his discussion of the duty of benevolence in §27 of the Metaphysics of Morals, Kant argues that agents have no obligation to promote their own happiness, for ‘this happens unavoidably’ (MS, AA 6:451). In this paper I argue that Kant should not have said this. I argue that Kant should have conceded that agents do have an obligation to promote their own happiness.

Proponents of the utilitarian animal welfare argument (AWA) for veganism maintain that it is reasonable to expect that adopting a vegan diet will decrease animal suffering. In this paper I argue otherwise. I maintain that (i) there are plausible scenarios in which refraining from meat-consumption will not decrease animal suffering; (ii) the utilitarian AWA rests on a false dilemma; and (iii) there are no reasonable grounds for the expectation that adopting a vegan diet will decrease animal suffering. The paper is (...) divided into four sections. In the first, I set out the utilitarian AWA in its original form. I give some background and I distinguish it from other, related arguments. In the second, I discuss the causal impotence objection, a popular objection to the utilitarian AWA. I explain how the objection works by means of a conceptual distinction between consumers and producers. In the third, I explain how proponents of the utilitarian AWA respond to this objection. In particular, I set out in some detail what I call the expected utility response. In the fourth and final section, I use the three objections noted above to explain why I do not find this response convincing. (shrink)

I have two main goals in this paper. The first is to argue for the thesis that Kant gave up on his highest good argument for the existence of God around 1800. The second is to revive a dialogue about this thesis that died out in the 1960s. The paper is divided into three sections. In the first, I reconstruct Kant’s highest good argument. In the second, I turn to the post-1800 convolutes of Kant’s Opus postumum to discuss his repeated (...) claim that there is only one way to argue for the existence of God, a way which resembles the highest good argument only in taking the moral law as its starting point. In the third, I explain why I do not find the counterarguments to my thesis introduced in the 1960s persuasive. (shrink)

According to a common caricature of Kant’s ethics, it is synonymous with the Categorical Imperative (CI) and with the sublime and clarion call of duty. But in this paper, I argue that the conjunction of Kant’s concept of duty and his idea of morality as a system of imperatives is unsustainable on the grounds that it commits him to the following two theses: (I) If an agent has a duty to D, then she must be constrained to D, and (II) (...) the Supreme Law of Morality always manifests in the form of duty for humans. I begin by examining (and rejecting) various attempts to defend these two theses. I then explore how this bears on various central aspects of Kant's thought including “ought implies can” (OIC), “ought implies able not to” (OIAN), his system of duties, and the nature of respect. (shrink)

In this article, I explore an important difference between circumstantial luck on the one side and resultant and constitutive luck on the other. In section 1, I argue that, in circumstantial luck, the object of luck and the object of moral judgment are different even though, in resultant and constitutive luck, they are the same. In section 2, I explain that this difference (1) has the potential to undermine the regress argument for moral luck; (2) makes viable the “selective moral (...) luck” argument strategy (affirming some species of moral luck but denying others); and (3) has implications for the heritability of luck. (shrink)

In this article, I explicate Kant’s position on the wide right to abortion. That is, I explore the extent to which, according to Kant’s practical philosophy, abortion is punishable, even if it involves an unjust infringement of the right to life. By focusing on the state’s right to punish, rather than the right to life or the onset of personhood, I use Kant to expose a novel range of issues and questions about the legal status of abortion (and criminal punishment (...) more generally). The article is divided into four sections. In the first, I lay the groundwork for Kant’s theory of rights and briefly canvass some of the literature on Kantian approaches to abortion. In the second, I look at Kant’s discussion of equivocal rights. In the third, I turn to Kant’s discussions of capital punishment and suicide. In the fourth, I examine Kant on honor killings, and I use his position on infanticide in order to extrapolate and explain his ideas about the right to punish in the context of abortion. (shrink)

In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.

According to Kantian moral religion, because there is a duty to promote the highest good, we are warranted in believing in God and immortality. However, this article shows that the duty to promote the highest good is incoherent, and that popular conceptualizations of the highest good cannot avoid this incoherence. After arguing, additionally, against attempts to ground Kantian moral religion on the highest good in some role other than the object of duty, it is shown that Kant seems to have (...) been aware of the original problem, suggesting an explanation for why he abandoned the highest good around 1800. (shrink)

In Nicholas Smyth’s recent article, “When Does Self-Interest Distort Moral Belief,” he argues that self-interest undermines justification for moral belief if it justifies itself. In so doing, he opposes the standard account, which says that, to the extent that a person’s moral belief is explained by her egoistic or parochial interests, that belief is less justified. However, Smyth’s attack on the standard account, and the principle that he proposes to replace it with, do not withstand critical scrutiny, and that is (...) what this article is intended to show. To that end, the article is divided into three sections. In the first, I explain the standard account and provide some background. In the second, I critically examine Smyth’s three arguments against the standard account. In the third, I explain and attack Smyth’s own principle. I conclude that Smyth’s principle should not be accepted, and the standard account should not be rejected, at least on the basis of Smyth’s arguments: self-interest undermines justification in general, as per the standard account, not only when it justifies itself. (shrink)

According to the standard reading of Kant's formula of universal law (FUL), positive duties can be derived from FUL. In this article, I argue that the standard reading does not work. In the first section, I articulate FUL and what I mean by a positive duty. In the second section, I set out an intuitive version of the standard reading of FUL and argue that it does not work. In the third section, I set out a more rigorous version of (...) the standard reading of FUL and argue that even this more rigorous version does not work. (shrink)

My goal in this paper is to show that it is not the case that positive duties can be derived from Kant’s so-called universalizability tests. I begin by explaining in detail what I mean by this and distinguishing it from a few things that I am not doing in this paper. After that, I confront the idea of a maxim contradictory, a concept that is advanced by many com- mentators in the attempt to derive positive duties from the universalizability tests. (...) I ex- plain what a maxim contradictory is and how the concept is used to derive positive duties. Then I argue that the notion of a maxim contradictory presupposes an objectionable form of maxim realism. I move from there to the idea of a maxim contrary and the deliberative field. These two ideas are used in tandem by commentators who do not appeal to maxim contradictories. I explain how these concepts are used to derive positive duties and then I argue that there is a systematic error in the derivations that enables one to see that they cannot work. (shrink)

My goal in this piece is to show that there is a problem lurking in the shadows of recent attempts to derive positive duties from Kant’s so-called universalizability tests and, further, to show that the most obvious way of fixing these attempts renders them unable to fulfill their function. I shall begin by motivating and explaining such an attempt.

In this paper I argue that Kant would have endorsed Clifford’s principle. The paper is divided into four sections. In the first, I review Kant’s argument for the practical postulates. In the second, I discuss a traditional objection to the style of argument Kant employs. In the third, I explain how Kant would respond to this objection and how this renders the practical postulates consistent with Clifford’s principle. In the fourth, I introduce positive grounds for thinking that Kant would have (...) endorsed this principle. (shrink)

In this paper I provide a novel argument for scientific realism. In contrast to most recent defenses of SR, my defense of SR does not rely on the no-miracles argument. Instead, I take a more unconventional approach: I focus on the different kinds of justification available to different individuals in relation to different kinds of propositions. I maintain that this alternative focus shows that most people are warranted in believing many propositions about unobservables. The paper is divided into three main (...) sections. In the first, I rehearse the main moves in the recent debate about SR. In the second, I argue that the discussion in section one enables us to see that most of the arguments in the recent debate about SR mistake their target: instead of being about SR, they are about meta-SR. I argue that what I call the JJ-principle should be rejected and, further, that if the JJ-principle is rejected, then meta-SR may be cleaved from SR. This enables me to advance to a position I call thin realism in the third and final section of the paper. (shrink)

In this paper I look at the connection between willing and believing for Kant’s and Kantian ethics. I argue that the two main formulations of the categorical imperative are relativized to agents according to their beliefs. I then point out three different ways in which Kant or a present-day Kantian might defend this position. I conclude with some remarks about the contrast between Kant’s legal theory and his ethical theory.

In this paper I am going to raise a problem for recent attempts to derive positive duties from Kant’s universalizability tests. In particular, I argue that these recent attempts are subject to reductio and that the most obvious way of patching them renders them impracticable. I begin by explaining the motivation for these attempts. Then I describe how they work and begin my attack. I conclude by considering some patches.

In this article, I confront Jessica Flanigan’s recent attempt to show not merely that women have a right to commit prenatal injury, but also that women who act on this right are praiseworthy and should not be criticized for this injury. I show that Flanigan’s arguments do not work, and I establish presumptive grounds against any such right—namely, prenatal injury, by definition, involves intentional or negligent harm and, as such, may be subsumed under a wider class of actions that are (...) presumptively wrong. (shrink)