My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian (...) philosophy to the development of interesting theories on the logic of legal reasoning. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing (...) x into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

In two recent articles I have argued that Kant’s legal and political philosophy can shed new light on his much-contested account of moral autonomy and that important changes in his political theory help to explain why in his later work the Formula of Autonomy disappears. In the present essay, I respond to comments by Sorin Baiasu and Marie Newhouse, who argue that the changes in Kant’s political theory fail to explain the disappearance of the Formula of Autonomy, since in (...) both phases Kant held that laws are given by the people’s representatives. I offer additional support for my original argument by developing a more detailed account of Kant’s conception of the relation between the legislating representatives and the people they are taken to represent. I argue that Kant’s conception of the proper representation relation changed, and that it changed so fundamentally that the analogy at the basis of the Formula of Autonomy was no longer apt, thus providing a plausible explanation for its disappearance. I also address several related comments and propose an explanation for why Kant dropped the very idea of autonomy as a property of the will. (shrink)

Kant's analysis of ordinary moral consciousness reveals that people believe they are bound by duty. Duty, in turn, Kant explains, "is the necessity of an action from respect for law." All inclination to the contrary, and even inclination toward duty is set aside, so that the only motivation is respect for law. The binding power of the law reflects not only a universal command but also a universal command of reason. After all, given that the realm of experience is, (...) by nature, contingent, no empirical fact can command as completely. Reason's command is an imperative: it is what must be done. When one does one's duty for its own sake, then one acts from respect for the moral law. (shrink)

In the ‘Appendix to the Transcendental Dialectic’ of the Critique of Pure Reason, Kant contends that the idea of God has a positive regulative role in the systematization of empirical knowledge. But why is this regulative role assigned to this specific idea? Kant’s account is rather opaque and this question has also not received much attention in the literature. In this paper I argue that an adequate understanding of the regulative role of the idea of God depends on the specific (...) metaphysical content Kant attributes to it in the Critique and other writings. I show that neither a heuristic principle of conceptual systematicity, nor conceiving God as a hypothesis of an intelligent designer, can satisfy the demands of reason to make the unity and necessity of the laws of nature intelligible. Regarding the positive account about the metaphysical content of the idea of God, I support my argument by referring to Kant’s pre-critical discussion of the usefulness of the conception of God for the project of science, and by expounding Kant’s critical account of the necessity of the laws of nature. Thus my account sheds light on the continuity of Kant’s conception of God and his appropriation of his own rationalistic metaphysics. (shrink)

According to the objection from positive duties, Kant's Formula of Universal Law is flawed because it cannot be used to derive any affirmative moral requirements. This paper offers a response to that objection and proposes a novel way to derive positive duties from Kant's formula. The Formula of Universal Law yields positive duties to adopt our own perfection and others’ happiness as ends because we could not rationally fail to will those ends as universal ends.

In the Critique of Practical Reason, Kant grounds his postulate for the immortality of the soul on the presupposed practical necessity of the will’s endless progress toward complete conformity with the moral law. Given the important role that this postulate plays in Kant’s ethical and political philosophy, it is hard to understand why it has received relatively little attention. It is even more surprising considering the attention given to his other postulates of practical reason: the existence of God and (...) freedom. The project of this paper is to examine Kant’s postulate of the immortality of the soul, examine critiques of this argument, and show why the argument succeeds in showing that belief in the moral law also obligates one to believe in the soul’s immortality. (shrink)

Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to (...) conflicting assessments and interpretations. In this major re-reading of Kant, Owen Ware defends the controversial view that Kant’s mature writings on ethics share a unified commitment to the moral law’s primacy. Using both close analysis and historical contextualization, Owen Ware overturns a paradigmatic way of reading Kant’s arguments for morality and freedom, situating them within Kant’s critical methodology at large. The result is a novel understanding of Kant that challenges much of what goes under the banner of Kantian arguments for moral normativity today. (shrink)

A strong distinction is often made between personal autonomy and moral autonomy. Personal autonomy involves governing yourself in the pursuit of your own conception of the good. Moral autonomy involves legislating the moral law for yourself. Viewed in this way personal autonomy seems at best marginal and at worst a positive hindrance to moral autonomy, since personal autonomy can conflict with moral autonomy. Given that Kantian approaches to morality are closely aligned with moral autonomy, does that mean that the Kantian (...) must view personal autonomy as a moral hindrance? Can there be a legitimate role for personal autonomy within Kant’s ethical framework? This paper will seek to argue: that personal and moral autonomy need not be seen as in tension or at odds with one another; that Kant defends an attractive weak substantive theory of personal autonomy; that socialisation plays an important role (both positive and negative) in the development of autonomy competences in Kant’s theory; and that personal autonomy (properly understood) has an essential role to play in Kant’s ethical framework. (shrink)

In this paper I critically engage with Pauline Kleingeld’s ‘volitional self-contradiction’ interpretation of Kant’s formula of universal law. I make three remarks: first, I seek to clarify what it means for a contradiction to be volitional as opposed to logical; second, I suggest that her interpretation might need to be closer to Korsgaard’s ‘practical contradiction’ interpretation than she thinks; and third, I suggest that more work needs to be done to explain how a volitional self-contradiction generates both a ‘contradiction in (...) conception’ and a ‘contradiction in will.’. (shrink)

The goal of this paper is to better understand Kant’s conception of philosophy as a “world concept”, which is at the heart of the Architectonic of Pure Reason. This is pursued in two major parts. The first evaluates the textual foundation for reading Kant’s world concept of philosophy as cosmopolitanism and concludes that he most probably never himself equated philosophy as a world concept with any form of cosmopolitanism. The second major part of the paper clarifies this (...) concept of philosophy through the specific role it plays in the argument of the Architectonic. Kant’s unique concept of science is examined and compared with several specific applications of it found elsewhere in Kant’s writings. From this it is concluded that Kant’s intention in the Architectonic was to derive his world concept of philosophy from its logical counterpart, namely the scholastic concept of philosophy, and that its function there is to provide the idea from which the entire structure of Kantian critical metaphysics can be derived. Philosophy as a world concept, it is further argued, is the complete system of critical or Kantian metaphysics in application and the philosopher in this sense is the ideal critical metaphysician who fully realizes its laws through her own understanding and will. (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)

This paper examines the origin, range and meaning of the Principle of Action and Reaction in Kant’s mechanics. On the received view, it is a version of Newton’s Third Law. I argue that Kant meant his principle as foundation for a Leibnizian mechanics. To find a ‘Newtonian’ law of action and reaction, we must look to Kant’s ‘dynamics,’ or theory of matter. I begin, in part I, by noting marked differences between Newton’s and Kant’s laws of action and reaction. I (...) argue that these are explainable by Kant’s allegiance to a Leibnizian mechanics. I show (in part II) that Leibniz too had a model of action and reaction, at odds with Newton’s. Then I reconstruct how Jakob Hermann and Christian Wolff received Leibniz’s model. I present (in Part III) Kant’s early law of action and reaction for mechanics. I show that he devised it so as to solve extant problems in the Hermann-Wolff account. I reconstruct Kant’s views on ‘mechanical’ action and reaction in the 1780s, and highlight strong continuities with his earlier, pre-Critical stance. I use these continuities, and Kant’s earlier engagement with post-Leibnizians, to explain the un-Newtonian features of his law of action and reaction. (shrink)

Kant’s theory of friendship is crucial in defending his ethics against the longstanding charge of emotional detachment. But his theory of friendship is vulnerable to this charge too: the Kantian sage can appear to reject sympathetic suffering when she cannot help a suffering friend. I argue that Kant is committed to the view that both sages and ordinary people must suffer in sympathy with friends even when they cannot help, because sympathy is necessary to fulfill the imperfect duty to adopt (...) others’ merely permissible ends, and we ought to take friends’ MPEs as our own. MPEs are individuated in terms of concepts which include marks of the first person, and no marks of law other than permissibility. To adopt ends of others individuated in terms of such concepts rather than merely promote them as means to different ends, those concepts must engage with one’s feelings in a way that requires sympathy. (shrink)

Like previous theorists of natural law, Kant believes in the possibility of a rational theory of ius, but also claims that the very concept of ius naturae and the method of investigation of its principles must be thoroughly reformulated. I will maintain that Kant solves the methodological problem of natural law theories by stating that a rational doctrine of Right concerns pure rational knowledge. Right must be conceived as a metaphysical doctrine in which its principles and laws are determined a (...) priori. By conceiving the idea of a “metaphysics of morals” and linking Right with it, he finds a way both to conserve the notion of ius naturae ) and to purify it from any empirical or anthropological element. (shrink)

For Kant, inquiry into nature properly requires seeking to explain all material wholes merely mechanically, in terms of their parts. There is no consensus on how he justifies this Principle of Mechanism. I argue that Kant seeks to derive this claim about part and wholes neither from his laws or mechanics, nor from the mere discursivity of our understanding (two standard options in the literature), but instead from a priori principles laid out in the first Critique, which govern parts, wholes, (...) and magnitudes. These principles are also fundamental to Kant’s account of mathematics. Therefore, Kant’s Principle of Mechanism and his philosophy of mathematics have common foundations. (shrink)

Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the ‘power of judgment’ (...) [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

Show more ▾ There are various dichotomies in Kant’s philosophy: sensibility vs. rationality, nature vs. freedom, cognition vs. morality, noumenon vs. phenomenon, among others. There are also different ways of mediating these dichotomies, which is the systematic undertaking of Kant’s Critique of the Power of Judgment. One of the most important concepts in this work is the sublime, which exemplifies the connections between the different dichotomies; this fact means the concept’s construction is full of tension. On the one hand, (...) as a pure reflection of aesthetic judgment the sublime must be without interest or purpose, but on the other hand it is “based on the concept of reason” (KU AA:292). On the one hand, the sublime “represents merely the subjective play of the powers of the mind (imagination and reason) as harmonious” (KU AA5:258), but on the other hand, reason “exercises dominion over sensibility” and the imagination is “purposively determined in accordance with a law” of reason (KU AA5:268f). Taking into account these problems concerning the essential definition the sublime, this paper will first illustrate how the sublime embodies the a priori principle of aesthetic judgment through contrasting the judgment of the sublime with the judgment of taste in order to establish a basic logical frame for the judgment of the sublime. Second, this paper redefines the boundary between the mathematically and dynamically sublime in order to reveal both the coexistence of contemplation and movement within the sublime and the unrevealed function of reason and imagination. Finally, contrasting the sublime with moral feeling, this paper elaborates the turning-structure (from sensibility to rationality and from object-intuition to idea-exhibition) of the sublime. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

Kant and Leibniz are interested in explaining how a number of individuals can come together and form a single unified composite substance. Leibniz does not have a convincing account of how this is possible. In his pre-critical writings and in his later metaphysics lectures, Kant is committed to the claim that the idea of a world is the idea of a real whole, and hence is the idea of a composite substance. This metaphysical idea is taken over into his ethical (...) writings and becomes the idea of a realm of ends. I explain why a realm of ends, should be thought of as both a unum per se and as a real whole. A realm of ends is a whole of individuals unified by laws they have given themselves, that is, it is a community of autonomous individuals. Only such a community can be thought of as a composite individual. Such a whole will be real rather than ideal because the source of the unity of the whole is intrinsic to the whole, for what gives unity to the realm are laws and the sources of the laws are the individual members of the whole. It will be a unum per se because both the laws and the individuals constituting the realm are incomplete without one another. If this reading is correct, this requires a fundamental reevaluation of Kant’s notion of autonomy. To be autonomous is not, primarily, to be understood in terms of ruling oneself, but instead must be thought of primarily in terms of being a generative source of laws for an ideal community. (shrink)

Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a (...) normative gap between objective law and subjective rights. In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights. (shrink)

This paper sheds light on Kant’s notion of autonomy in his moral philosophy by considering Kant’s critique of the rationalist theories of morality that Kant discussed in his lectures on practical philosophy from the 1760s to the time of the Groundwork. The paper first explains Kant’s taxonomy of moral theories and his perspective on the history of ethics. Second, it considers Kant's arguments against the two main variants of ‘rationalism’ as he construes it, that is, perfectionism and (...) theological voluntarism, pointing out the similarities to previous criticisms. Third, the paper argues that Kant’s discussion of the 'rationalist' views does not amount to an unqualified dismissal, but to an attempt at working out a novel rationalist position. Kant’s criticisms of rationalist views suggest that his project emerges from the failures of previous rationalism, with the aim to work out a rationalist view that can account for moral obligation by integrating insights from the theological conception. The combination of perfectionism and theological views yields the basic outline of the idea of autonomy, consisting in the lawgiving function of a rational will as a key to the legislation of a necessary law. (shrink)

ABSTRACT: In a previous article (O’Shea 2006) I provided a concise overview of the reception of Kant’s philosophy among analytic philosophers during the periods from the ‘early analytic’ reactions to Kant in Frege, Russell, Carnap and others, to the systematic Kant-inspired works in epistemology and metaphysics of C. I. Lewis and P. F. Strawson, in particular. In this chapter I use the recently reinvigorated work of Wilfrid Sellars (1912–1989) in the second half of the twentieth century as the basis (...) for presenting some of the most familiar ‘analytic Kantian’ themes that continue to animate current debates. I also argue that the complex relationships between Sellars’ philosophy and Kant’s thought are often misunderstood. Overall the chapter examines Sellars’ analytic appropriations of Kant in three topic-areas of significant current philosophical debate: (1) conceptual analysis and the structure of human knowledge; (2) laws of nature, the causal modalities, and the pragmatic or relative a priori; and (3) the disputes concerning Kant and nonconceptual content. (shrink)

This article discusses a crucial question through an analysis of Adorno's critique of Kant's moral philosophy: can human beings live a good life? Kant optimistically argues that human beings as rational beings have transcendental freedom and can autonomously formulate and follow universal moral laws without any empirical conditions. Therefore, human beings can always act morally and live a good life. Adorno, on the other hand, argues that there is no right life in a wrong life. Adorno, who was (...) at a different time in history from Kant, criticized Kant's philosophy of transcendental freedom, moral imperative, and identity, and proposed new moral imperatives. I think Adorno's critique of Kant's conception of freedom failed, but his critique of the moral imperatives and identity shows a complex and profound philosophical reflection and practical concern. (shrink)

Since his Metaphysische Anfangsgründe der Naturwissenschaft was first published in 1786, controversy has surrounded Immanuel Kant’s conception of matter. In particular, the justification for both his dynamical theory of matter and the related dismissal of mechanical philosophy are obscure. In this paper, I address these longstanding issues and establish that Kant’s dynamism rests upon Leibnizian, metaphysical commitments held by Kant from his early pre-Critical texts on natural philosophy to his major critical works. I demonstrate that, throughout his corpus (...) and inspired by Leibniz, Kant endorses the a priori law of continuity of alteration as a truth of metaphysics, according to which all alterations in experience must occur gradually through all intervening degrees. The principle thus legislates against mechanical philosophy’s absolutely impenetrable atoms, as they would would involve instantaneous changes of velocity in impact. This reveals the metaphysical incoherencies in mechanical philosophy and leaves Kant’s own dynamical theory of matter, grounded on material forces, as the only viable approach to physical explanation. Subsequently, I demonstrate that Kant nevertheless made conceptual space in his system for the theoretical consideration of mechanical explanations, which makes manifest one of the positive roles that the faculty of reason can play with respect to natural science. (shrink)

This essay examines one of the most obscure and controversial tenets of Kant’s critical philosophy, his claim in the Critique of Practical Reason that the moral law is immediately and unquestionably valid as an a priori fact of reason (Factum der Vernunft). This argument curiously inverts Kant’s earlier stance in the Groundwork of the Metaphysics of Morals, in which he justifies the reality of the categorical imperative through a much more cautious and qualified authentication of transcendental freedom. Against constructivist (...) readings which tend to downplay the justificatory burden of the Factum, I claim that Kant’s position is best understood as a transcendental argument. In other words, he argues from a given or assured conditioned, consciousness of binding moral obligation, to the sole condition of its possibility in transcendental freedom. In order to rebut the standard objections prompted by this line of interpretation, I emphasize the technical function of Kant’s Factum as both a deed (Tat) and product (Tatsache) of practical reason. (shrink)

It is widely held that, in his pre-Critical works, Kant endorsed a necessitation account of laws of nature, where laws are grounded in essences or causal powers. Against this, I argue that the early Kant endorsed the priority of laws in explaining and unifying the natural world, as well as their irreducible role in in grounding natural necessity. Laws are a key constituent of Kant’s explanatory naturalism, rather than undermining it. By laying out neglected distinctions Kant draws among types of (...) natural law, grounding relations, and ontological levels, I show that his early works present a coherent and sophisticated laws-first account of the natural order. (shrink)

This paper asks how Kant’s mature theory of freedom handles an objection pertaining to chance. This question is significant given that Kant raises this criticism against libertarianism in his early writings on freedom before coming to adopt a libertarian view of freedom in the Critical period. After motivating the problem of how Kant can hold that the free actions of human beings lack determining grounds while at the same maintain that these are not the result of ‘blind chance,’ I argue (...) that Kant’s Critical doctrine of transcendental idealism, while creating the conceptual space’ for libertarian freedom, is not intended to provide an answer to the problem of chance with respect to our free agency. I go on to show how the resources for a refutation of chance only come about in the practical philosophy. In the 2nd Critique, Kant famously argues for the reality of freedom on the basis of our consciousness of the moral law as the law of a free will. However, Kant also comes to build into his account of the will a genuine power of choice, which involves the capacity to deviate from the moral law. I conclude by showing that this apparent tension can be resolved by turning to his argument for the impossibility of a diabolical will. This involves a consideration of the distinct kind of grounding relationship that practical laws have to the human will, as well as the way that transcendental idealism makes this possible. (shrink)

This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” (...) correspond to three sets of four gua in the Yijing: the fourfold nature of the soul in rational psychology (as substantial, simple, unified, spatially related) corresponds to gua 47, 6, 58, 10, respectively; the three “Definitive Articles” and fourth, “Secret Article”, in Perpetual Peace correspond to gua 16, 35,51, 21; and the four objective relations of law to duty in Metaphysics of Morals correspond to gua 45, 12, 17, 25. (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph (...) Walker provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (shrink)

This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...) Metaphysical Deduction, which establishes the purity of origin of the Categories, and, second, that in the second Critique, the relevant factum is the Fact of Reason, which amounts to the fact that the Moral Law is pure in origin. (shrink)

In the first half, I suggest that Kant’s conception of our moral life goes through a significant shift after 1793, with reverberations in his eschatology. The earlier account, based on the postulate of immortality, describes our moral life as an endless pursuit of the highest good, but all this changes in the later account, and I point out three possible reasons for this change of heart. In the second half, I explore how the considerations Kant brings up to argue for (...) his accounts can inform our process of formulating positions with respect to the afterlife. I argue that, in the absence of a convincing theoretical proof for or against the afterlife as well as apodictically certain knowledge of how demanding the moral law is, the Kantian strategy would be to ask which account of our moral life delivers the kind of contentment that can sustain our moral resolve. I also point out a way theists might be able to find contentment despite their moral failures by imagining God’s moral kenosis. (shrink)

This article presents a critical analysis of two influential readings of Kant’s Second Analogy, namely, Gerd Buchdahl’s “modest reading” and Michael Friedman’s “strong reading.” After pointing out the textual and philosophical problems with each, I advance an alternative reading of the Second Analogy argument. On my reading, the Second Analogy argument proves the existence of necessary and strictly universal causal laws. This, however, does not guarantee that Kant has a solution for the problem of induction. After I explain why the (...) empirical lawfulness of nature does not guarantee the empirical uniformity of nature, I examine the modal status of empirical laws in Kant and argue contra Buchdahl and Friedman that empirical laws express two different kinds of necessity that are not reducible to each other. -/- . (shrink)

Wang Yangming’s doctrine of the “unity of knowing and acting” (zhi xing heyi 知行合一) can be traced back to Mencius’s theory of “original knowing” (liangzhi 良知). Similarly, Kant discussed the relationship of theory to practice on three different levels (morality, the law of the state, and international law) in his article, “On the Common Saying: This May Be True in Theory, But It Does Not Apply in Practice.” Kant proposed the unity of theory and practice on the level of morality. (...) So, this article uses Kant’s related concepts of theory and practice to interpret Wang’s doctrine of the “unity of knowing and acting” with the aim of clarifying some misinterpretations of it. Thereby, I argue that, although Wang Yangming put forward the doctrine of “the unity of knowing and acting” at a different time than his doctrines of “heart-mind is principle” (xin ji li 心即理) and “the extension of original knowing” (zhi liangzhi 致良知), these three doctrines are logically interconnected. (shrink)

In his lectures on Logic and Metaphysics, Kant distinguishes between logical and real essences. While the former is related to concepts and is knowable, the latter is related to things and is unknowable. In this paper, I argue that the unknowability is explained by the modal characteristic of real essences as a necessitating ground on which a priori knowledge is impossible. I also show how this claim is related to the unknowable necessity of particular laws of nature. Since laws of (...) nature are conceived as grounded in real essences, the unknowability of the latter is equivalent to Kant's other claim that there can be no knowledge of the necessity of particular laws of nature. Necessity can only be known a priori, and therefore, the necessity of particular laws is only assumed and conceived as grounded in something unknowable, a real essence. This conclusion will allow me to attribute to Kant a position I label as “regulative essentialism”, meaning that real essences have an indispensable role in accordance with the rational interest to explain nature as a system of laws and natural kinds, combined with an epistemic humility about the correspondence of our empirical concepts to real essences. (shrink)

The primary concern of this paper is to outline an explanation of how Kant derives morality from reason. We all know that Kant thought that morality comprises a set of demands that are unconditionally and universally valid. In addition, he thought that to support this understanding of moral principles, one must show that they originate in reason a priori, rather than in contingent facts about human psychology, or the circumstances of human life. But do we really understand how he tries (...) to establish that moral principles originate in reason? In at least two passages in the second section of the Groundwork, Kant insists upon the importance of grounding the moral law in practical reason a priori, and subsequently states a conception of practical reason from which he appears to extract a formulation of the Categorical Imperative. The reasoning employed in these passages would appear to be of central importance to the overall argument of the Groundwork, but in each case the route travelled from the definition of practical reason to the ensuing formulation of the moral law is obscure. My goal is to work out a plausible reconstruction of this portion of Kant’s argument. At the very least, I hope that my interpretation will illuminate the distinctive structure of the Kantian approach to questions of justification in ethics. What I understand of Kant’s view leads me to believe that its aims and overall shape are different in important respects from what is often assumed. It also represents an approach to foundational issues in ethics, which provides an alternative to many contemporary attempts to ground morality in reason. (shrink)

In general, Confucians have taken a dim view of the law. They have felt warranted in this view by a reading of Confucius’ Analects 2.3 in which the Master apparently disparages law-centered governance. Two great Confucian philosophers, however, Zhu Xi and Jeong Yakyong (widely known by his pen name, Dasan), view the role of law in society differently. Like all Confucians, they teach the cultivation of virtue, but alongside building social harmony through ritual and good character, these two philosophers perceive (...) that social order also requires the penal law. In this paper, I argue that Zhu Xi and Dasan, and Dasan in particular, follow the evidentiary lead of the classical Chinese philosopher Mozi to support their legal philosophy. Mozi offered three standards for establishing truth claims: empirical evidence from common life, authoritative evidence, and evidence of outcomes. Mozi’s empirical standard takes evidence of common life from what ordinary people have seen. Zhu Xi and Dasan take the evidence of common life, not from what the people have seen, but from common understandings contained in the written language. They use this approach to arrive at a different understanding of Analects 2.3 than other Confucians, one that relates the content of that passage to Analects 12.17. They interpret the passage on a philological basis that supports the presence of penal law from a perspective of ordinary life. For authoritative evidence, Zhu Xi and Dasan like Mozi appeal to the authority of the ancient sages, who register their support for penal law. Dasan also follows Mozi’s evidentiary lead in the evidence of outcomes by fully developing a consequential picture of how the absence of law detrimentally affects society. On this point, Dasan establishes a new and revolutionary legal outlook that differs from that of Zhu Xi. I show Dasan taking lessons from the classical Legalists to arrive at this position warranted by the evidence of outcomes. Having satisfied the three evidentiary standards, Dasan thus establishes the importance of the penal law from a Confucian perspective. (shrink)

I uncover here a conflict in Kant’s natural philosophy. His matter theory and laws of mechanics are in tension. Kant’s laws are fit for particles but are too narrow to handle continuous bodies, which his doctrine of matter demands. To fix this defect, Kant ultimately must ground the Torque Law; that is, the impressed torque equals the change in angular momentum. But that grounding requires a premise—the symmetry of the stress tensor—that Kant denies himself. I argue that his problem (...) would not arise if he had kept his early theory of matter as made of mass points, or “physical monads.”. (shrink)

The present article aims to analyze systematically the formularization of Kant on the dignity of the human person, in order to offer a interpretative direction to the jurists at the moment of the application of this principle, which today appears as one of the beddings of the Democratic State of Law(art. 1o, III, of the Federal Constitution of 1988). To carry through such task, the work is divided in two parts: the first one studies the conceptual elements of the moral (...) philosophy of Kant, having as base the book Groundwork of the Metaphysics of Morals. The second one investigates the main aspects of the principle of the dignity of the human person - its origin, its meaning and its limits - according to the thought of this philosopher. In this perspective, the kantian's categorical imperative prescribes that the rational being never must be treated merely as a mean, but always as end in itself. (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of 'autonomy' (...) as apt to express the principle of morality---at least in the mid 1780s. (shrink)

Kant argues that it is only as citizens of a properly constituted state that persons are able to respect one another’s innate right to freedom, for joint subjection to the authority of a state enables them to avoid what Kantians call “the problem of unilateralism”: when I interact with you in a state of nature according to my judgment of right in circumstances of disagreement between us, I implicitly claim that my judgment, and not yours, has authority over us simply (...) because it is mine. But this argument seems vulnerable to a powerful objection: my reason for acting on my judgment of right is not that it is mine but rather that it is, as I believe, correct, and so there is no sense in which I am claiming special authority for that judgment. This paper defends the Kantian problem of unilateralism against this objection and, in so doing, illuminates the feature of the Kantian conception of right that accounts for why, no matter how good and right-loving they might be, persons in a state of nature about right are unable coherently to pursue the aim of acting rightly. (shrink)

Immanuel Kant (1724-1804), the German philosopher, is considered as the father of modern ethics and one of the great philosophers in the history of philosophy. He wanted to establish a firm foundation for moral philosophy. He contributed something new to modern ethics which was not attempted by earlier ethicists. He wanted to show by using reason that morality is based on a single supreme universal principle, which is binding to all rational beings. Precisely, Kant wanted to establish the (...) first principle of morality which neglects all consideration of self-interest and even particular human problems. In the Groundwork of the Metaphysics of Morals, Kant claimed that his intention is to seek out and establish the supreme principle of morality, and that supreme principle is the categorical imperative. He puts the supreme principle of morality or the categorical imperative in at least five ways. These are formula of universal law (FUL), formula of universal law (FLN), formula of humanity (FH), formula of humanity (FA), and formula of realm of ends (FRE). However, Kant affirms that there is one canonical and general formulation of the categorical imperative and it is the FUL. For him, the other formulas are not distinct ethical principles; rather they are the reformulations or variant formulations of the single categorical imperative. Kant put this position in his works, The Groundwork of the Metaphysics of Morals. So, in this paper, I will mainly concentrate on the fundamental doctrine of the Groundwork of the Metaphysics of Morals. As I have tried to make clear before, Kant’s aim in the Groundwork of the Metaphysics of Morals is to search for and establish the supreme principle of morality (i.e., categorical imperative). He attempted to do this at the end of the Groundwork of the Metaphysics of Morals. But, to me, the way he attempted to justify the categorical imperative is problematic. Thus, in this paper, I argue that Kant did not put the categorical imperative or morality on a solid ground. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...) of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

In this essay, “The Principle of Autonomy in Kant’s Moral Theory: Its Rise and Fall,” Pauline Kleingeld notes that Kant’s Principle of Autonomy, which played a central role in both the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason, disappeared by the time of the Metaphysics of Morals. She argues that its disappearance is due to significant changes in Kant’s political philosophy. The Principle of Autonomy states that one ought to act as if one were (...) giving universal laws through one’s maxims. The criterion of just legislation that Kant accepted in the mid-1780s does not require any actual consent on the part of the citizens—genuine universality is sufficient for a law to be just. Hence, at that time, Kant could indeed explicate the criterion governing the moral permissibility of one’s maxims by drawing an analogy with the criterion governing the justice of political laws. In the Metaphysics of Morals and in other works in the 1790s, however, he added the further condition that laws must be given with the consent of the citizens. With this further condition, the moral criterion was no longer fully analogous to the criterion for political laws being just. Accordingly, Kleingeld argues, Kant dropped the Principle of Autonomy, which was firmly based on that analogy. (shrink)

This essay offers a strategic reinterpretation of Kant’s philosophy of mathematics in Critique of Pure Reason via a broad, empirically based reconception of Kant’s conception of drawing. It begins with a general overview of Kant’s philosophy of mathematics, observing how he differentiates mathematics in the Critique from both the dynamical and the philosophical. Second, it examines how a recent wave of critical analyses of Kant’s constructivism takes up these issues, largely inspired by Hintikka’s unorthodox conception of Kantian intuition. (...) Third, it offers further analyses of three Kantian concepts vitally linked to that of drawing. It concludes with an etymologically based exploration of the seven clusters of meanings of the word drawing to gesture toward new possibilities for interpreting a Kantian philosophy of mathematics. (shrink)

This thesis examines the theoretical foundations of Kant's moral philosophy. I argue that Kant's moral ideal of a kingdom of ends is to be identified with the theoretical idea of a community, and that this idea can be traced back to the category of community introduced in his table of categories. In particular I argue that, for the mature Kant, the only application of the theoretical idea of community is the moral idea of a kingdom of ends, (...) the only way we can conceive of a kingdom of ends is as a political community governed by juridical laws, and the only way we can conceive of a member of a community is as an autonomous agent. To support my interpretation I show how an understanding of Kant's theoretical work on community and interaction helps us understand the motivation behind the theory of property Kant offers in the Metaphysics of Morals. In addition, I trace the development of Kant's ethics back to his reading of Swedenborg in the early 1760s. (shrink)

Plato conceived of the Form of Beauty as quite distinct from the Form of the Good. Beauty was a means to the Good. The ascent theory of the Symposium has suggested to some commentators that Plato envisaged two kinds of beauty, the sensuous and the intellectual, and that to reach the Good we must transcend our sensuous desires and cultivate an appreciation of intellectual beauty. However, in the Laws Plato presents us with a third notion of beauty, which is neither (...) sensuous nor intellectual. To experience beauty we need to cultivate our pleasure in harmonious forms. This is where we find a theory of beauty that resonates in Kant’s aesthetic theory. According to the latter, the feeling for beauty is a feeling for harmony that takes us beyond the confines of a world marked out by self-interest. I conclude that Plato’s aesthetic theory anticipates the role that aesthetic judgment would play in Immanuel Kant’s system of the mind. (shrink)

Kant takes the idea of autonomy of the will to be his distinctive contribution to moral philosophy. However, this idea is more nuanced and complicated than one might think. In this chapter, I sketch the rough outlines of Kant’s idea of autonomy of the will while also highlighting contentious exegetical issues that give rise to various possible interpretations. I tentatively defend four basic claims. First, autonomy primarily features in Kant’s account of moral agency, as the condition of the possibility (...) of moral obligation. Second, autonomy amounts to a metaphysical property as well as a normative principle and a psychological capacity. Third, although there is legitimate scholarly disagreement about whether or not autonomy involves self-legislation of the moral law, there is good reason to believe it underwrites an ‘inside-out’ (as opposed to ‘outside-in’) conception of the relationship between the will and moral requirements. Fourth, persons have dignity because their autonomy makes them members in the set of beings over whom the categorical imperative requires us to universalise our maxims, not because autonomy is an independently important property. (shrink)

In this paper, I explore a tension between the Law in the novel The Island of Doctor Moreau, by H. G. Wells, and Kant's reciprocity thesis. The Law is a series of prohibitions that Moreau has his beasts recite. Moreau devotes his time to transforming animals through a painful surgery into beings that resemble humans, but the humanized beasts are constantly slipping back into animalistic habits, and so Moreau promulgates the Law to maintain decorum. Kant's reciprocity thesis states (...) that free will is the necessary and sufficient condition of moral practical laws. That is, in order for a moral practical law to be applicable, there must be free will, and, if free will is present, then there will be a moral practical law that sets a standard for the free will. However, in Wells's novel, the humanized beasts seem to lack free will. So, how can a law be applicable to them? By delving deeper into the mystery of Moreau's strange island, I will shed light on the otherwise cumbersome concepts of free will, natural impulses, and practical laws, as well as their interrelationships. The upshot will be a deeper understanding of personhood through an exploration of the instinctual nature of animals, moral law, and free will. (shrink)

A testimony is somebody else’s reported experience of what has happened. It is an indispensable source of knowledge. It only gives us historical cognition, however, which stands in a complex relation to rational or philosophical cognition: while the latter presupposes historical cognition as its matter, one needs the architectonic “eye of a philosopher” to select, interpret, and organize historical cognition. Kant develops this rationalist theory of testimony. He also practices it in his own work, especially while theorizing about race as (...) a subject of natural philosophy. In three dedicated essays on this subject, he treats race from the standpoint of a philosophical investigator of nature (Naturforscher), who (as Kant puts it in the first Critique) learns from nature “like an appointed judge who compels witnesses to answer the questions he puts to them.” This view underwrites Kant’s use of travel reports (a type of testimony) in developing and defending his theory of race. (shrink)