Avoiding Vice and Pursuing Virtue: Kant on Perfect Duties and ‘Prudential latitude’

To fulfill a perfect duty an agent must avoid vice, yet when an agent refrains from acting on a prohibited maxim she still must do something. I argue that the setting of morally required ends ought to consistently inform an agent's judgment regarding what is to be done beyond compliance with perfect, negative duties. Kant's assertion of a puzzling version of latitude of choice within his discussion of perfect duties motivates and complicates the case I make for a more expansive interpretation of the duty to pursue virtue.     

Liberal internationalism and global social justice

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ‘negative duties’ with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice.     

The Market for Bodily Parts: Kant and duties to oneself

ABSTRACT The demand for bodily parts such as organs is increasing, and individuals in certain circumstances are responding by offering parts of their bodies for sale. Is there anything wrong in this? Kant had arguments to suggest that there is, namely that we have duties towards our own bodies, among which is the duty not to sell parts of them. Kant's reasons for holding this view are examined, and found to depend on a notion of what is intrinsically degrading. Rom Harré's recent revision of Kant's argument, in terms of an obligation to preserve the body's organic integrity, is considered. Harré's view does not rule out all acts of selling, but he too ultimately depends on a test of what is intrinsically degrading. Both his view and Kant's are rejected in favour of a view which argues that it does make sense to speak of duties towards our own bodies, grounded in the duty to promote the flourishing of human beings, including ourselves. This provides a reason for opposing the sale of bodily parts, and the current trend towards the market ethic in health care provision.     

A Direct Kantian Duty to Animals

Kant's view that we have only indirect duties to animals fails to capture the intuitive notion that wronging animals transgresses duties we owe to those animals. Here I argue that a suitably modified Kantianism can allow for direct duties to animals and, in particular, an imperfect duty to promote animal welfare without unduly compromising its core theoretical commitments, especially its commitments concerning the source and nature of our duties toward rational beings. The basis for such duties is that animal welfare, on my revised Kantian view, is neither a conditioned nor unconditioned good, but a final and nonderivative good that ought to be treated as an end‐in‐itself. However, this duty to promote animal welfare operates according to a broadly consequentialist logic that both accords well with our considered judgments about our duties to animals and explains differences between these duties and duties owed to rational agents.     

Kant's Criticism of Common Moral Rational Cognition

There is a consensus that Kant's aim in the Groundwork is to clarify, systematize and vindicate the common conception of morality. Philosophical theory hence serves a restorative function. It can strengthen agents' motivation, protect against self‐deception and correct misunderstandings produced by uncritical moral theory. In this paper, I argue that Kant also corrects the common perspective and that Kant's Groundwork shows in which senses the common perspective, even considered apart from its propensity to self‐deception and without being influenced by misleading theory, is deficient. Critical practical philosophy needs to set right agents about the stringency of some of their duties, and agents need to be made aware that they have certain other duties. I discuss how Kant corrects the common agent's notion of the stringency of the duty to not make false promises and how Kant corrects the common agent's notion of duties to self. I finally discuss how his critical practical philosophy can become popular and achieve the correction of the common perspective. I stress the role of education informed by philosophical theory for this and contrast it with so called ‘popular philosophy’.     

Dependence on Wrongdoing in the Consumption of Meat: A Kantian Analysis

Kant's ethics is used by some as a defence of the exploitation of animals and is criticised by others for not recognising any moral relevance of the plight of animals. These appeals overlook the broad applicability of Kant's principles. In this article, I argue that Kant's ethics implies a duty to abstain from most meat and some other animal products derived from farming. I argue that there is a Kantian principle not to choose goods that have been derived from wrongdoing, with certain qualifications. This principle isolates the wrong of using others to commit wrongdoing on one's behalf. As has been argued by others, Kant's ethics implies that animal farming as we know it in our society almost universally involves wrongdoing and the slaughter of animals is especially tied to wrongdoing. I argue for a broad sense in which these ideas together imply that choosing farmed meat, and probably other animal products, is treating animal industry workers as mere means. Thus, we have a Kantian duty to abstain from these products.     

A Liberal Defence of (Some) Duties to Compatriots

This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co‐citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, that it gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots.     

Basic Positive Duties of Justice and Narveson's Libertarian Challenge

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important principled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties of justice, whereas positive duties (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson's contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not provide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism's protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice.     

Carbon Sink Conservation and Global Justice: Benefitting,Free Riding and Non-compliance

It is often assumed that in order to avoid the most severe consequences of global anthropogenic climate change we have to preserve our existing carbon sinks, such as for instance tropical forests. Global carbon sink conservation raises a host of normative issues, though, since it is debatable who should pay the costs of carbon sink conservation, who has the duty to protect which sinks, and how far the duty to conserve one’s carbon sinks actually extends, especially if it conflicts with other duties one might have. According to some, forested states like Ecuador have a duty to preserve their tropical forests while the rich states of the global North have a duty of fairness to compensate states like Ecuador for the costs they incur. My aim in this paper is to critically analyse this standard line of argument and to criticise its validity both internally (i.e. with regard to its normative conclusion based on its premises) and externally (i.e. with regard to the argument’s underlying assumptions and its lack of contextualisation). As I will argue, the duty to conserve one’s forests is only a particular instantiation of a wider, more general duty to contribute towards global climate justice for which the context in which one operates (e.g. whether other agents are complying with their duties of global climate justice or not) matters significantly.     

Kant,Oppression, and the Possibility of Nonculpable Failures to Respect Oneself

I argue that Kant's ethical framework cannot countenance a certain kind of failure to respect oneself that can occur within oppressive social contexts. Kant's assumption that any person, qua rational being, has guaranteed epistemic access to the moral law as the standard of good action and the capacity to act upon this standard makes autonomy an achievement within the individual agent's power, but this is contrary to a feminist understanding of autonomy as a relational achievement that can be thwarted by the systematic attack on autonomy that occurs within oppressive social conditions. Insofar as Kant's negative duty of self‐respect is unable to accommodate the ways immersion in oppressive social environments can warp an individual's understanding of what she is owed and capable of as a moral agent, it perpetuates the cruelty of unjust social systems in the guise of respecting individual autonomy. I conclude by considering Carol Hay's argument that those who are oppressed have an obligation to themselves to resist their own oppression, in order to explore how this limitation in how Kant conceives of the duty to respect the self may reach expression in contemporary ethical theory inspired by Kant.     

FOUNDATIONS OF A KANTIAN THEORY OF PUNISHMENT

It has recently been argued that there is probably no theory of punishment to be found in Immanuel Kant's writings, but that “if one selects carefully among the many remarks and insights that Kant has left us about crime and punishment, one might even be able to build such an edifice from the bricks provided.”¹ In this paper, I seek to provide part of a foundation of a Kantian theory of punishment, one which is consistent with many, if not all, of Kant's own insights on justice. Finally, I assess the plausibility of Kant's view.     

Global Justice: Is Interventionalism Desirable?

In 1994, the European Parliament published a resolution on the right of humanitarian intervention. Interestingly, the declaration maintains that such intervention is not in contradiction with international law, although it formulates the concept of right in a way that is translatable into the vocabulary of individual rights. I analyze some implications of the resolution for the mutual duties of states. I thereby focus my attention on two possible applications: by way of Rawls's duty of assistance and by way of the cosmopolitan theory of global distributive justice. I conclude that the latter theory promises better results for protecting individuals' basic rights, but I also show that it is at the cost of a strongly interventionist structure requiring a powerful supranational institution. Finally, I envision the conditions under which such an increase of interventionism in favor of human rights can be acceptable.     

Hobbes's Account of Distributive Justice as Equity

This paper examines the rationale for and grounds and implications of Hobbes's redefinition of distributive justice as equity. I argue that this unprecedented reformulation served to ensure the justness of distributive laws. Hobbes acknowledges that the sovereign can distribute rights and goods iniquitously by failing to treat citizens as equals. However, he insists that improper allocations are not unjust, properly speaking – they do not `wrong' citizens. To support this claim, Hobbes puts forth the un-Aristotelian maxim that merit in distributive justice is due by grace alone. You deserve what the sovereign gives you: there is no desert prior to and independent of his allocation of rights. For Hobbes, distributive justice does not track but create merit. It follows that distributive laws cannot fail to give what is due (which would be unjust). This paper proceeds to analyze the nature of the limits equity sets to the apportionment of goods. I argue that these limits are moral and purely procedural: citizens cannot invoke equity to claim a fair share of the goods distributed. Thanks to Hobbes's redefinition of distributive justice, the justness of the sovereign's conduct, and hence his legal immunity, remains intact.     

A Kantian solution to the problem of imperceptible differences

There are cases such as climate change where the cumulative effects of the actions of several agents lead to grave harm but where no individual agent can make a perceptible difference for the better or worse. According to Derek Parfit, dealing with such imperceptible difference cases requires substantial changes to the way we think about morality. In On What Matters, Parfit builds on Kantian Ethics to address the problem of imperceptible differences, but the transformation that Kant's theory undergoes in his hands is radical. I argue that Parfit's changes to Kant's theory are not only unnecessary but also detrimental to making sense of the ethical dimensions of action in collective contexts. Building on the notion of imperfect duties, I offer an alternative solution to the problem of imperceptible difference cases that remains closer to Kant's original theory and avoids the difficulties of Parfit's approach.     

On the Existence of Duties to the Self (and Their Significance for Moral Philosophy)

Contemporary philosophers generally ignore the topic of duties to the self. I contend that they are mistaken to do so. The question of whether there are such duties, I argue, is of genuine significance when constructing theories of practical reasoning and moral psychology. In this essay, I show that much of the potential importance of duties to the self stems from what has been called the “second‐personal” character of moral duties—the fact that the performance of a duty is “owed to” someone. But this is problematic, as there is reason to doubt whether a person can genuinely owe to herself the performance of an action. Responding to this worry, I show that temporal divisions within an agent's life enable her to relate to herself second‐personally, in the way required by morality. The upshots, I argue, are that we need an intra‐personal theory of justice that specifies the extent of a person's authority over herself, and that we need to rethink our theories of moral emotions in order to specify how an individual ought to respond to attacks on her interests and autonomy that she herself perpetrates.     

Is Not Doing the Washing Up Like Draft Dodging? The Military Model for Resisting a Gender Based Labour Division

I will examine a version of Bubeck's and Robeyns' proposals for ‘care duty’ which looks at the ways in which care work is analogous to defence work, and what the implications are for the best models in terms both of distributive justice and serving the common good. My own analysis will differ from Bubeck's and Robeyns' in two respects. First I will apply their arguments to all aspects of care including housework. This will mean making a case for housework counting as a form of care work as it is not usually regarded as such, and in particular, would probably be excluded from Robeyns' own account as she follows Bubeck's earlier characterisation of care as involving face‐to‐face interaction. Secondly, I will explore various ways in which care, and especially housework, could and has been distributed by appealing to a number of military models, concluding that the best gender‐just distribution of care requires a style of care experience modelled on universal military service. I will consider a number of objections to my view before concluding that not doing one's share of the housework could indeed come to be regarded as not doing one's duty as a citizen.     

Nationality, Distributive Justice and the Use of Force

To whom do we owe obligations of distributive justice? In the last decade a number of distinguished political theorists — such as David Miller and Yael Tamir — have defended a nationalist account of our distributive obligations. This paper examines their account of distributive justice. In particular, it analyses their contention (a) that individuals owe special obligations to fellow-nationals, (b) that these obligations are obligations of distributive justice and (c) that these obligations are enforceable. Miller and Tamir's justifications, I argue, do not support these claims. Moreover, I argue, (a) and (c) should only be accepted in a greatly qualified form and (b) should be rejected altogether. The paper thus concludes that the nationalists' preferred account of distributive justice is untenable.     

Kant's Account of Nature's Systematicity and the Unity of Theoretical and Practical Reason1

In this paper I argue that if one is to do justice to reason's unity in Kant, then one must acknowledge that reason's practical ends are presupposed in every theoretical investigation of nature. Thus, contrary to some other commentators, I contend that the notion of the metaphysical ground of the unity of nature should not be attributed to the “dynamics of reason” and its “own practical purposes.” Instead, the metaphysical ground of the unity of nature is in fact an indispensable and necessary notion for reason in both its theoretical and practical functions, but this need of reason to presuppose such a notion can only find its adequate proof in the practical. By offering a synopsis of Kant's accounts of nature's systematicity in the Transcendental Ideal of the Critique of Pure Reason (Part I), the Appendix to the Dialectic of the Critique of Pure Reason (Part II), and in the Critique of Judgment (Part III), I identify in each section Kant's theoretical and practical arguments for reason's presupposition of the “unconditioned,” demonstrate their structural interdependence, and show a general continuity in Kant's position on this issue throughout his critical system.     

Customary Trade and the Complications of Consent

Global justice theorists have given much attention to corporations' purchases of state‐owned natural resources controlled by dictators. These resources, the common argument goes, belong to the people rather than to those who exercise effective political power. Dictators who rely on violence to secure their political power and who sell state‐owned natural resources without authorisation from their people, or from their people's elected delegates, are therefore violating their peoples' property rights. But many dictatorships also distribute natural resource revenue to the population, and stopping to purchase natural resources from them is therefore likely to produce relative deprivation for the people, even while increasing the chances of the people gaining control over their property. Given these circumstances, can corporations buying the people's natural resources from a distributive dictatorship appeal to the people's consent as justification for such purchases? I consider this question by inspecting three types of consent to which resource corporations might appeal. I show that, under the circumstances of natural resource trade with distributive dictatorships, none of these types of consent can obtain. Hence, resource corporations cannot appeal to popular consent to defend their transactions with distributive dictatorships.     

Realizing Honneth: redistribution,recognition, and global justice

The purpose of this article is to explore the potential contribution of Axel Honneth's critical theory of recognition to empirical and normative debates on global justice. I first present, very briefly, an overview of recent theories of global distributive justice. I argue that theorists of distributive justice do not pay enough attention to sources of self-respect and conditions for identity formation, and that they are blind toward the danger of harming people's sense of self even by well-intentioned redistributive policies. Honneth's theory suffers from complementary shortcomings; it is anti-technocratic but largely oblivious to the global nature of many contemporary justice claims. Given this situation, I seek to broaden the theory's scope by outlining transnational extensions of the recognition principles of love, rights and solidarity identified by Honneth. In conclusion, I show how utilizing a broadened conceptualization of the struggle for recognition allows us to better understand the changing logic of justice-oriented foreign policies.