Korsgaard’s Constitutivism and the Possibility of Bad Action

Neo-Kantian accounts which try to ground morality in the necessary requirements of agency face the problem of “bad action”. The most prominent example is Christine Korsgaard’s version of constitutivism that considers the categorical imperative to be indispensable for an agent’s self-constitution. In my paper I will argue that a constitutive account can solve the problem of bad action by applying the distinction between constitutive and regulative rules to the categorical imperative. The result is that an autonomous agent can violate the categorical imperative in so far as it amounts to a regulative rule of morality; however, an agent cannot call into question the categorical imperative as a constitutive rule of the practice of morality without losing her or his identity as a moral agent. The paper then compares this approach to bad action with the one Korsgaard provides and outlines also a new way of grounding the categorical imperative.     

CATEGORICAL IMPERATIVES,MORAL REQUIREMENTS,AND MORAL MOTIVATION

Abstract: Kant has argued that moral requirements are categorical. Kant's claim has been challenged by some contemporary philosophers; this article defends Kant's doctrine. I argue that Kant's claim captures the unique feature of moral requirements. The main arguments against Kant's claim focus on one condition that a categorical imperative must meet: to be independent of desires. I argue that there is another important, but often ignored, condition that a categorical imperative must meet, and this second condition is crucial to understanding why moral requirements are not hypothetical. I also argue that the claim that moral requirements are not categorical because they depend on desires for motivation is beside the point. The issue of whether moral requirements are categorical is not an issue about whether moral desires or feelings are necessary for moral motivation but are rather an issue about the ground of moral desires or moral feelings. Moral requirements are categorical because they are requirements of reason, and reason makes moral desires or feelings possible.     

Eternal Recurrence and the Categorical Imperative

The question has been raised whether Nietzsche intends eternal recurrence to be like a categorical imperative. The obvious objection to understanding eternal recurrence as like a categorical imperative is that for a categorical imperative to make any sense, for moral obligation to make any sense, it must be possible for individuals to change themselves. And Nietzsche denies that individuals can change themselves. Magnus thinks the determinism “implicit in the doctine of the eternal recurrence of the same renders any imperative impotent…. How can one will what must happen in any case?” At the other end of the spectrum, those who do hold that eternal recurrence is like a categorical imperative, for their part, tend to ignore or deny the determinism involved in eternal recurrence. This article explores the extent to which it can be claimed that eternal recurrence is like a categorical imperative without downplaying Nietzsche's dterminism.     

Postmodernism's Self-Nullifying Reading of Nietzsche

In his very rich and insightful book, Kant's Theory of Freedom, Henry Allison argues that in the first Critique Kant's reason for rejecting Humean compatibilism in favor of an incompatibilist conception of practical freedom stems, not from a specific concern to ground morality, as many have supposed, but from his general conception of rational agency, which Allison explicates in terms of the idea of practical spontaneity. Practically spontaneous rational agency is subject to imperatives and therefore distinct from Humean agency. But it is not necessarily subject to the categorical imperative and hence is distinct from fully spontaneous (transcendentally free) moral agency. A conception thus emerges of an agent with limited spontaneity, subject to hypothetical but not categorical imperatives. A doubt may be raised, however, as to whether Kant's view can accommodate this conception of limited practical spontaneity. Reflection on Kant's notion of a hypothetical imperative suggests that the idea of limited spontaneity is in danger of either collapsing into the Humean picture or else turning out to be equivalent to the conception of full spontaneity appropriate to moral agency. There is thus reason to suppose that, for Kant, we would not be bound by imperatives at all if we were not bound by the categorical imperative.     

Ethical Lessons from Heidegger’s Phenomenological Reading of Kant’s Practical Philosophy: Heideggerian Revision of Kant’s Justification of Morality*

ABSTRACT

In The Essence of Human Freedom, Heidegger suggests that Kant’s idea of pure will and Heidegger’s own idea of resoluteness are rooted in the same experience of demand from our own essence. This experience can unfold, I argue, through twofold self-understanding: first, the primordial self-understanding on the existentiell level that results in the indefiniteness of pure will (or resoluteness), as Heidegger’s phenomenological reading of Kant (or his own existential analysis) presents; and second, the practical self-understanding on the rational level that results in the principle of morality, as Kant’s Groundwork of the Metaphysics of Morals demonstrates. Based on this approach, if we accept Heidegger’s phenomenological interpretation of pure will but do not follow his rejection of the categorical imperative formulas, we can achieve a Heideggerian revision of Kant’s original justification of morality while avoiding Kant’s problematic assumption that the authentic self belongs to the intelligible realm.     

Adorno,Ferenczi, and a new “categorical imperative after Auschwitz”

Abstract

Theodor W. Adorno's mature thought can be characterized by the attempt to articulate what he calls a “new categorical imperative after Auschwitz.” By this, Adorno means that theory and praxis must be organized in such a way that the Holocaust does not repeat itself. This article argues that Sándor Ferenczi’s metapsychology is key to understanding Adorno’s attempt to rethink the nature of precisely such a new categorical imperative. One of the key themes of Adorno’s entire corpus is the problem of the “identification with the aggressor” – an idea that originates with Ferenzci rather than, as is commonly thought, Anna Freud. The Ferenczian dimension of Adorno’s thinking becomes particularly clear in Adorno’s thoughts on the question of freedom. In this context, Adorno engages in a psychoanalytically informed critique of the philosophy of freedom and a speculative philosophical critique of psychoanalysis. The fashioning of a “new categorical imperative” after Auschwitz entails a form of education directed towards a new form of Mündigkeit, one oriented towards contradiction, resistance, and a steadfast refusal to “identify with the aggressor.”     

X—A Defence of Categorical Reasons

In this paper I offer two arguments designed to defend the existence of categorical reasons, which I define as those justifying considerations that obtain independently of their relation to an agent's commitments. The first argument is based on certain paradigm cases meant to reveal difficulties for practical instrumentalism—the view, as I define it here, that categorical reasons do not exist, because all reasons must serve the commitments of the agents to whom they apply. The second argument relies on considerations of responsibility and blame to establish the existence of categorical reasons.     

Do Hypothetical Imperatives Require Categorical Imperatives?

Abstract: Recently, the idea that every hypothetical imperative must somehow be 'backed up' by a prior categorical imperative has gained a certain influence among Kant interpreters and ethicists influenced by Kant. Since instrumentalism is the position that holds that hypothetical imperatives can by themselves and without the aid of categorical imperatives explain all valid forms of practical reasoning, the influential idea amounts to a rejection of instrumentalism as internally incoherent. This paper argues against this prevailing view both as an interpretation of Kant and as philosophical understanding of practical reason. In particular, it will be argued that many of the arguments that claim to show that hypothetical imperatives must be backed up by categorical imperatives mistakenly assume that the form of practical reasoning must itself occur as a premise within the reasoning. An alternative to this assumption will be offered. I will conclude that while instrumentalism may well be false, there is no reason to believe it is incoherent.     

Replies to Selim Berker and Karl Schafer

I respond to six objections, raised by Selim Berker and Karl Schafer, against the theory offered in my Empiricism and Experience: (1) that the theory needs a problematic notion of subjective character of experience; (2) that the transition from the hypothetical to the categorical fails because of a logical difficulty; (3) that the constraints imposed on admissible views are too weak; (4) that the theory does not deserve the label ‘empiricism’; (5) that the motivations provided for the Reliability constraint are insufficient; and (6) that convergence is bound to fail since epistemic entitlements are permissions.     

Kant's Critique of Instrumental Reason

I argue against the prevalent view that in addition to the categorical imperative of morality, Kant accepts a further law of practical reason, ‘the’ Hypothetical Imperative. Kant rejects the idea that instrumental reason can be a source of a priori, objectively necessary normative requirements. His critique of instrumental reason is a central component of his argument for the supreme rational authority of morality: only moral reason can provide genuine, objective normative‐practical necessities. There are no objective practical necessities in our pursuit of empirical ends and desires. Hence, non‐moral agency is a rationally impoverished form of agency.     

Observer-Relative Chances In Anthropic Reasoning?

John Leslie presents a thought experiment to show that chances are sometimes observer-relative in a paradoxical way. The pivotal assumption in his argument – a version of the weak anthropic principle – is the same as the one used to get the disturbing Doomsday argument off the ground. I show that Leslie's thought experiment trades on the sense/reference ambiguity and is fallacious. I then describe a related case where chances are observer-relative in an interesting way. But not in a paradoxical way. The result can be generalized: At least for a very wide range of cases, the weak anthropic principle does not giverise to paradoxical observer-relative chances. This finding could be taken to give new indirect support to the doomsday argument.     

Rethinking the Priority of Practical Reason in Kant

Throughout the critical period Kant enigmatically insists that reason is a ‘unity’, thereby suggesting that both our theoretical and practical endeavors are grounded in one and the same rational capacity. How Kant's unity thesis ought to be interpreted and whether it can be substantiated remain sources of controversy in the literature. According to the strong reading of this claim, reason is a ‘unity’ because all our reasoning, including our theoretical reasoning, functions practically. Although several prominent commentators endorse this view, it is widely thought to lack exegetical support. This paper seeks to strengthen the case for this reading by showing how theoretical reason's positive function, as Kant presents it in the Appendix to the Transcendental Dialectic, may be construed as fundamentally practical. I argue that reason's supreme regulative principle ought to be understood as a categorical practical imperative. This interpretation, I suggest, resolves the apparent inconsistencies that blight Kant's account of the principle in the Appendix, while bringing greater overall coherence to his account of theoretical reason's regulative function.     

What does it mean to use someone as "a means only": rereading Kant.

Debates about commodification in bioethics frequently appeal to Kant's famous second formulation of the categorical imperative, the formula requiring us to treat the rational (human) being as "an end in itself" and "never as a means only." In the course of her own treatment of commodification, Margaret Jane Radin observes that Kant's application of this formula "does not generate noncontroversial particular consequences." This is so, I argue, because Kant offers three different--and largely incompatible--interpretations of the formula. One focuses on the obligation to preserve rational willing; the second stresses respect for human (physical) dignity and integrity; the third views respect for others as "ends in themselves" as primarily involving a willingness to govern one's conduct by a procedure of impartial co-legislation. Only the third of these interpretations, I conclude, offers a reasonable and coherent approach to moral judgment about the limits of commodification.     

DISPOSITIONS,BASES, OVERDETERMINATION AND IDENTITIES1

In this paper I aim to make sense of our pre-theoretic intuitions about dispositions by presenting an argument for the identity of a disposition with its putative categorical base. The various possible ontologies for dispositions are outlined. The possibility of an empirical proof of identity is dismissed. Instead an a priori argument for identity is adapted from arguments in the philosophy of mind. I argue that dispositions occupy, by analytic necessity, the same causal roles that categorical bases occupy contingently and that properties with identical causal roles are identical. The validity of the argument depends upon the possibility of overdetermination of disposition manifestations being rejected. ‘Ungrounded dispositions’ are dismissed as not genuine dispositions. Identity conditions for dispositions and categorical bases are outlined.     

Tamir, Rawls and the Temple Mount

abstract What gives ethical and political validity to a state? This is to ask what a state is for and to provide a means to determine whether or not a constitution is just. In this paper I compare the account given by Tamir in Liberal Nationalism with that of Rawls, in order to clarify the decisive differences. Although both recognize the importance of particular associations and the moral imperative to be fair, Tamir places priority on the first and Rawls on the second. I explore their practical implications in regard to the ethical defensibility of Israel's self‐identification as a Jewish state and to conflicting nationalistic territorial claims for the Temple Mount (Haram esh‐Sharif) in Jerusalem. I suggest that if Tamir is correct in her analysis of nationalism, the Israeli‐Palestinian conflict is a problem that is without the sort of solution that is sought by those who are both interested parties and rational agents of good will.     

The “new categorical imperative” and Adorno’s aporetic moral philosophy

This article offers a new interpretation of Adorno’s “new categorical imperative”: it suggests that the new imperative is an important element of Adorno’s moral philosophy and at the same time runs counter to some of its essential features. It is suggested that Adorno’s moral philosophy leads to two aporiae, which create an impasse that the new categorical imperative attempts to circumvent. The first aporia results from the tension between Adorno’s acknowledgement that praxis is an essential part of moral philosophy, and his view according to which existing social conditions make it impossible for moral knowledge to be translated into “right” action. The second aporia results from the tension between the uncompromising sensitivity to suffering that underlies Adorno’s moral thought, and his analysis of the culture industry mechanisms which turn people into happy, satisfied customers—an incompatibility which threatens to pull the rug out from under Adorno’s moral philosophy. My interpretation of the “new categorical imperative” focuses on two characteristics it inherits from the “old,” Kantian one—self-evidence and unconditionality—in order to present the new imperative as a response to these two aporiae.     

Global Constraints on Imprecise Credences: Solving Reflection Violations,Belief Inertia,and Other Puzzles

The move to imprecise credence models leaves many formal norms of rationality surprisingly intact, as rational constraints on precise credences are often reinterpreted as constraints on individual elements of a rational agent’s representor. However, constraints on imprecise credences needn’t take this form. Whether an imprecise agent is rational might just as easily depend on global features of her representor. This paper is an extended investigation of global rules of rationality. I begin by distinguishing and defining multiple notions of globalness. Then I use these notions to solve several problems faced by fans of imprecise credences. On behalf of fans of imprecise credences, I respond to the problem of belief inertia, according to which certain imprecise agents are unable to engage in inductive learning. In addition, I answer the objection that that imprecise agents are doomed to violate the rational principle of Reflection.     

Forgotten Victims of Military Humanitarian Intervention: A Case for the Principle of Reparation?

The purpose of this article is briefly to present a case for the principle of reparation as a new jus in bello principle for just humanitarian intervention. The article is divided into three sections. In “Restorative Justice and Civilian Protection”, I investigate the idea of restorative justice in order to consider whether or not it can complement the shortcomings of the just war tradition in civilian protection. In “The Legal Framework on Reparation: Its Scope and Limitations”, I examine the scope of the law of armed conflict on reparatory measures in order to consider whether and how ideas of and measures for restorative justice might be incorporated in the jus in bello framework for military humanitarian intervention. In “The Issue of Civilian Victims: A Case for Reparation”, I explore the implications of reparatory measures for victims in order to suggest that these measures are not only beneficial to civilian victims but also imperative to be taken by the interveners if they undertake military intervention within the jus in bello framework and claim its moral justifiability.     

TWO CHALLENGES THAT CATEGORICAL PROPERTIES POSE TO PHYSICALISM

What are physical objects like when they are considered independently of their causal interactions? Many think that the answer to this question involves categorical properties– properties that make contributions to their bearers that are independent of any causal interactions those objects may enter into. In this paper, I examine two challenges that this solution poses to Physicalism. The first challenge is that, given that they are distinct from any of the scientifically described causal powers that they happen to convey, categorical properties will not qualify as being ‘physical’ properties. Given the right definition of ‘physical’, this challenge can be overcome. I argue, however, that the only way we can have a positive grasp of the nature of categorical properties is via ‘acquaintance’– a non‐physical relation. This second challenge to Physicalism cannot be overcome. ¹ 1 I would like to thank Brendan O'Sullivan for helpful comments on an earlier draft of this paper.
     

Credal imprecision and the value of evidence

This paper is about a tension between two theses. The first is Value of Evidence: roughly, the thesis that it is always rational for an agent to gather and use cost-free evidence for making decisions. The second is Rationality of Imprecision: the thesis that an agent can be rationally required to adopt doxastic states that are imprecise, i.e., not representable by a single credence function. While others have noticed this tension, I offer a new diagnosis of it. I show that it arises when an agent with an imprecise doxastic state engages in an unreflective inquiry, an inquiry where they revise their beliefs using an updating rule that doesn't satisfy a weak reflection principle. In such an unreflective inquiry, certain synchronic norms of instrumental rationality can make it instrumentally irrational for an agent to gather and use cost-free evidence. I then go on to propose a diachronic norm of instrumental rationality that preserves Value of Evidence in unreflective inquiries. This, I suggest, may help us reconcile this thesis with Rationality of Imprecision.