Kant: The Audacity of Judgement

In the legal judgement reason demands that it extend itself beyond the mere subjective limits of the self in order that it might fashion a judgement that speaks for the other. This is the universal necessity of the judgement. No claim of truth or the moral law can guarantee that others will agree with this judgement: thus disputation is the risk which reason takes in order to judge at all. The author examines this audacity of judgement by reference to Kant's autonomy of reason, which risks itself in the thought that thinks. This revised version was published online in June 2006 with corrections to the Cover Date.     

Kant and The Marriage Right*

Abstract: The provision of a marriage right is a distinctive aspect of Kant's political philosophy and seems, initially, difficult to reconcile with the general concern with ensuring external freedom of action apparent in the universal principle of Right and the sole innate right said to follow from this principle. I claim that this provision can be regarded as consistent with this general focus and that Kant's treatment of issue suggests an interesting secular argument for the institution of marriage.     

The Kant and Race Debate: A Frederick Douglass Intervention

Samuel Fleischacker is interested in two questions that are—what he refers to as—a rephrasing of three implications Charles Mills takes away from his encounter with Kant: (1) Is Kant's moral philosophy racist at its core? and (2) Whether it is or not, how should we respond to the fact that Kant displays open racism in some of his writings when we study, teach, or try to make use of his purportedly egalitarian teachings? Frederick Douglass was an abolitionist who wrestled with similar questions regarding the liberatory and inclusive nature of emancipatory documents like the Constitution. In this essay, I want to consider Douglass's changing views on this issue and reasons behind them to think about how he might offer insights into this current debate concerning Kant and race. In doing so, I will consider to what extent Fleischacker adheres to Douglass's guidelines on this matter as he makes his case. I then offer suggestions on how to move forward.     

Kant: constitutivism as capacities-first philosophy

Over the last two decades, Kant’s name has become closely associated with the “constitutivist” program within metaethics.¹1 The association of Kant and constitutivism is due above all to the work of Korsgaard – see for example Korsgaard (1996 Korsgaard, Christine. 1996. The Sources of Normativity. Cambridge: Cambridge University Press.[Crossref] , [Google Scholar], 2008 Korsgaard, Christine. 2008. The Constitution of Agency: Essays on Practical Reason and Moral Psychology. Oxford: Oxford University Press.[Crossref] , [Google Scholar], 2009 Korsgaard, Christine. 2009. Self-Constitution: Agency, Identity, and Integrity. Oxford: Oxford University Press.[Crossref] , [Google Scholar]). A close second in significance in this regard is Velleman (2000 Velleman, David. 2000. The Possibility of Practical Reason. Oxford: Clarendon Press. [Google Scholar], 2009 Velleman, David. 2009. How We Get Along. Cambridge: Cambridge University Press.[Crossref] , [Google Scholar]). For some of the other (Kantian and anti-Kantian) variants on the constitutivist idea, see Foot (2003 Foot, Philippa. 2003. Natural Goodness. Oxford: Oxford University Press. [Google Scholar]), O'Neill (1989 O’Neill, Onora. 1989. Constructions of Reason. Cambridge: Cambridge University Press. [Google Scholar]), Thomson (2008 Thomson, J. J. 2008. Normativity. New York: Open Court. [Google Scholar]), Thompson (2008 Thompson, Michael. 2008. Life and Action: Elementary Structures of Practice and Practical Thought. Cambridge: Harvard University Press.[Crossref] , [Google Scholar]), Smith (2012 Smith, Michael. 2012. “Agents and Patients, or: What We Learn About Reasons for Action by Reflecting on Our Choices in Process-of-Thought Cases.” Proceedings of the Aristotelian Society 112 (3): 309–331. doi: 10.1111/j.1467-9264.2012.00337.x[Crossref] , [Google Scholar], 2013 Smith, Michael. 2013. “A Constitutivist Theory of Reasons: Its Promise and Parts.” LEAP: Law, Ethics, and Philosophy 1: 9–30. [Google Scholar]), James (2012 James, Aaron. 2012. “Constructing Protagorean Objectivity.” In Constructivism in Practical Philosophy, edited by J. Lenman, and Y. Shemmer, 60–80. Oxford: Oxford University Press.[Crossref] , [Google Scholar]), Walden (2012 Walden, Kenny. 2012. “Laws of Nature, Laws of Freedom, and the Social Construction of Normativity.” Oxford Studies in Metaethics 7: 37–79. doi: 10.1093/acprof:oso/9780199653492.003.0002[Crossref] , [Google Scholar]), Katsafanas (2013 Katsafanas, Paul. 2013. Agency and the Foundations of Ethics: Nietzschean Constitutivism. Oxford: Oxford University Press.[Crossref] , [Google Scholar]), Setiya (2013 Setiya, Kieran. 2013. Knowing Right from Wrong. Oxford: Oxford University Press. [Google Scholar]), and Lavin (forthcoming Lavin, Doug. forthcoming. “Pluralism about Agency”. [Google Scholar]). But is Kant best read as pursuing a constitutivist approach to meta-normative questions? And if so, in what sense?²2 I’ve discussed this question previously (with a contemporary focus) in Schafer (2015a Schafer, Karl. 2015a. “Realism and Constructivism in Kantian Metaethics 1.” Philosophy Compass 10: 690–701. doi: 10.1111/phc3.12253[Crossref], [Web of Science ®] , [Google Scholar], 2015b Schafer, Karl. 2015b. “Realism and Constructivism in Kantian Metaethics 2.” Philosophy Compass 10: 702–713. doi: 10.1111/phc3.12252[Crossref], [Web of Science ®] , [Google Scholar], 2018a Schafer, Karl. 2018a. “Constitutivism About Reasons: Autonomy and Understanding.” In The Many Moral Rationalisms, edited by K. Jones, and F. Schroeter, 70–90. Oxford: Oxford University Press. [Google Scholar]). See also the discussion of Sensen (2013 Sensen, Oliver. 2013. “Kant’s Constructisivm.” In Constructivism in Ethics, edited by Carla Bagnoli, 63–81. Cambridge: Cambridge University Press.[Crossref] , [Google Scholar]), which arrives at a somewhat similar conclusion, albeit in a different systematic context. In this essay, I argue that we can best answer these questions by considering them in the context of how Kant understands the proper methodology for philosophy in general. The result of this investigation will be that, while Kant can indeed be read as a sort of constitutivist, his constitutivism is ultimately one instance of a more general approach to philosophy, which treats as fundamental our basic, self-conscious rational capacities. Thus, to truly understand why and how Kant is a constitutivist, we need to consider this question within the context of his more fundamental commitment to “capacities-first philosophy”.     

The Priority Principle from Kant to Frege

In a famous passage (A68/B93), Kant writes that “the understanding can make no other use of […] concepts than that of judging by means of them.” Kant's thought is often called the thesis of the priority of judgments over concepts. We find a similar sounding priority thesis in Frege: “it is one of the most important differences between my mode of interpretation and the Boolean mode […] that I do not proceed from concepts, but from judgments.” Many interpreters have thought that Frege's priority principle is close to (or at least derivable from) Kant's. I argue that it is not. Nevertheless, there was a gradual historical development that began with Kant's priority thesis and culminated in Frege's new logic.     

The Murderer at the Door: What Kant Should Have Said

Embarrassed by the apparent rigorism Kant expresses so bluntly in 'On a Supposed Right to Lie,' numerous contemporary Kantians have attempted to show that Kant's ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue (1) that our perfect Kantian duty of self-preservation can require our lying to save our own lives when threatened with unjust aggression, and (2) that Kant's understanding of moral duty was that duties are symmetrical , such that if one has a duty to perform a given action on one's own behalf or to protect one's own rational nature, then one also has a duty to perform similar acts on other's behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self-defense.     

Normative Force and Normative Freedom: Hume and Kant, But Not Hume versus Kant

Our notion of normativity appears to combine, in a way difficult to understand but seemingly familiar from experience, elements of force and freedom. On the one hand, a normative claim is thought to have a kind of compelling authority; on the other hand, if our respecting it is to be an appropriate species of respect, it must not be coerced, automatic, or trivially guaranteed by definition. Both Hume and Kant, I argue, looked to aesthetic experience as a convincing example exhibiting this marriage of force and freedom, as well as showing how our judgment can come to be properly attuned to the features that constitute value. This image of attunement carries over into their respective accounts of moral judgment. The seemingly radical difference between their moral theories may be traceable not to a different conception of normativity, but to a difference in their empirical psychological theories – a difference we can readily spot in their accounts of aesthetics.     

The Representation of an Action: Tragedy between Kant and Hegel

Hegel's theory of tragedy has polarized critics. In the past, many philosophers have claimed that Hegel's theory of tragedy removes Kant's critical insights and returns to pre‐critical metaphysics. More recently, several have argued that Hegel does not break faith with tragic experience but allows philosophy to be transformed by tragedy. In this paper I examine the strength of this revised position. First I show that it identifies Hegel's insightful critique of Kant's theoretical assumptions. Yet I then argue that it fails to note the practical importance of Kant's separation of knowledge and aesthetics. I propose an alternative approach to tragedy that builds from the revised view and yet maintains the autonomy of aesthetics. Tragedy represents an action, a set of events that are internally unified and yet cannot be reduced to theory. This is to say that tragedy confronts us with an aesthetic sphere of making and doing that, while constrained, is incessantly open and free.     

The Art of Becoming Human: Morality in Kant and Confucius

Kant and Confucius maintain that the art of becoming human is synonymous with the unending process of becoming moral. According to Kant, I must imagine a world in which the universality of my maxims were possible, while realizing that if such a world existed, then morality would disappear. Morality is an impossible possibility because it always meets resistance in our encounter with nature. According to Confucius, human beings become moral by integrating themselves into the already meaningful natural order that is tian 天. Like Kant, he upholds the dignity of human beings. For Kant this dignity rests on the autonomy of each human being’s reason, while for Confucius it is dependent upon our interconnection with each other, demanding ongoing self-extension. Despite these differences, the two thinkers would concur that our efforts at humanization are unceasing and that we may never fully live up to our human potential.     

康德关于责任的普遍命令

康德提出责任的普遍命令 ,并由此建立起纯粹的动机论。他的绝对的道德义务和动机论遭到了边沁、黑格尔、叔本华等思想家的批驳 ,但他们并未正确指出康德伦理学的根本缺陷。本文力图指出康德关于责任的普遍命令的证明本身所包含的逻辑错误 ,由此揭示康德动机论的内在矛盾     

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.