A Non-retributive Kantian Approach to Punishment

Traditionally Kant's theory of punishment has been seen as wholly retributive. Recent Kantian scholarship has interpreted the theory as more moderately retributive: punishment is deterrent in aim, and retributive only in so far as the amount and type of penalty is to be determined by retributive considerations (the ius talionis). But it is arguable that a more coherent Kantian theory of punishment can be developed which makes no appeal to retribution at all: hypothetical contractors would have no good reason to endorse punishment distributed retributively. This position is first sketched behind Rawls's neo‐Kantian ‘veil of ignorance’, and it is suggested that the same theory will emerge from Scanlon's more relaxed neo‐Kantian position.     

The Constitutive Approach to Kantian Rigorism

Critics often charge that Kantian ethics is implausibly rigoristic: that Kantianism recognizes a set of perfect duties, encapsulated in rules such as ‘don’t lie,’ ‘keep one’s promises,’ etc., and that these rules apply without exception. Though a number of Kantians have plausibly argued that Kantianism can acknowledge exceptions to perfect duties, this acknowledgment alone does not indicate how and when such exceptions ought to be made. This article critiques a recent attempt to motivate how such exceptions are to be made, namely, the constitutive approach developed by Tamar Schapiro. I argue that the constitutive approach is vulnerable to the objection that it is too permissive, justifying many morally dubious exceptions to perfect duties. I conclude by briefly outlining an alternative ‘fine print’ approach to the rigorism objection that appears to avoid the objection leveled at Schapiro’s approach, focusing on how modifying the constituents of agents’ maxims can change the deontic status of an act of a generally impermissible kind.     

Agency,human nature and character in Kantian theory

Conclusion In order for the duty of friendship to be practically possible, and for gratitude and beneficence to be unencumbered virtues, Kant need not have held that human beings are basically good. He need only have understood that they are social beings, with desires for both independence and connection, autonomy and affiliation, and purposes that are not always merely their own. I have argued that because he did not, his moral theory is flawed in three important respects.In Kant's theory, morality is only possible because humans are rational, and necessary because (absent morality) they are self-interested individuals, egoistically motivated, distrustful and isolated. When this view is applied to particular questions of friendship and the virtues, it becomes a distorting medium. It is my contention that a more adequate theory of character would result from the application of Kantian moral principles to a sounder, more social conception of human nature.In conclusion, I wish to make it clear that I am not arguing that human beings are basically good, only that they are essentially social. In his political writings Kant has emphasized the social dimension of reason itself, and I believe he would agree with Thomas Nagel's recent claim about human nature and morality: To say that altruism and morality are possible in virtue of something basic to human nature is not to say that men are basically good. Men are basically complicated; how good they are depends on whether certain conceptions and ways of thinking have achieved dominance, a dominance which is precarious in any case.

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Embodiment and Animality

The aim of this article is to examine the problematic frontier that separates the phenomenology of the body and the phenomenology of animality. The main difficulty is to differentiate phenomenologically not only between embodiment and animality, but also between specifically human embodied experience and what is accessible to us through empathy in relation to the corporeality of the animal. I will tackle these questions by considering relevant textual material from the writings of Edmund Husserl and Martin Heidegger. On the one hand, I will show that although embodiment and animality are convergent on the level of the naturalistic attitude in Husserl’s Ideas II, they are divergent as soon as we place ourselves in the personalistic attitude, where the body enters into a different conjunction—namely, with the idea of person and of the spiritual world. On the other hand, Heidegger claims that, in spite of the abysmal bodily kinship with the animal, there is an essential difference between the human body and the animal organism, thus opposing the tendencies to humanize the animal and to animalize the human.     

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.     

Schizophrenia and Moral Responsibility: A Kantian Essay

In this paper, I give a Kantian answer to the question whether and why it would be inappropriate to blame people suffering from mental disorders that fall within the schizophrenia spectrum. I answer this question by reconstructing Kant’s account of mental disorder, in particular his explanation of psychotic symptoms. Kant explains these symptoms in terms of various types of cognitive impairment. I show that this explanation is plausible and discuss Kant’s claim that the unifying feature of the symptoms is the patient’s inability to enter into an exchange of reasons with others. After developing a Kantian Quality of Will Thesis, I analyze some real life cases. Firstly, I argue that delusional patients who are unable to enter into an exchange of epistemic reasons are exempted from doxastic rather than moral responsibility. They are part of the moral community and exonerated from moral blame only if their actions do not express a lack of good will. Secondly, I argue that disorganized patients who are unable to form intentions and to make plans are exempted from moral responsibility because they do not satisfy the conditions for agency.     

A Reply to Cholbi's 'Suicide Intervention and Non-Ideal Kantian Theory'

abstract    In his 'Suicide Intervention and Non-Ideal Kantian Theory' (2002), Michael J. Cholbi argues that nihilism and hopelessness are often motivating factors behind suicide, contrary to Immanuel Kant's prescribed motive of self-love. In light of this, Cholbi argues that certain paternalistic modes of intervention may not only be effective in preventing suicide, but are ultimately consistent with Kantian morality. This paper addresses certain perceived shortcomings in Cholbi's account of Kantian suicide intervention. Once the psychological complexities of the suicidal person are brought to bear, the suicidal person is found in many cases to be irrational at the time of her death. Because of this, rationalistic intervention strategies may prove ineffective, despite their being consistent with Kantian morality, and despite instances of suicide being non-ideal circumstances. Cholbi assumes throughout his article that suicidal human beings remain Kantian moral agents. However, because rationality represents a crucial criterion for Kantian moral agency, and because certain human beings who commit suicide are not rational, such human beings are not Kantian moral agents. Because Cholbi's intervention strategies are not applicable to (or effective towards) irrational suicidal people, his account is found incomplete.     

Heidegger on Animality and Anthropocentrism

Throughout his writings, Heidegger's view of animals is ostensibly anthropocentric, defining them as deficient in relation to human beings. His most extensive analysis of animality, found in the 1929–1930 lecture course entitled The Fundamental Concepts of Metaphysics, seems to be a clear example of this anthropocentrism, defining the animal as poor in world in opposition to the human being's world-forming character. Nevertheless, Heidegger is explicitly ambivalent regarding the anthropocentric implications of this conception of animality. This paper examines Heidegger's articulation of the notion of world-poverty as a distinct form of negativity, its implications for the question concerning Heidegger's anthropocentrism, as well as his ambivalence with regard to this question.     

From data to phenomena: a Kantian stance

This paper investigates some metaphysical and epistemological assumptions behind Bogen and Woodward’s data-to-phenomena inferences. I raise a series of points and suggest an alternative possible Kantian stance about data-to-phenomena inferences. I clarify the nature of the suggested Kantian stance by contrasting it with McAllister’s view about phenomena as patterns in data sets.     

Form and Matter in Kantian Political Philosophy: A Reply

This paper responds briefly to four reviews of Force and Freedom. Valentini and Sangiovanni criticize what they see as the excessive formalism of the Kantian enterprise, contending that the Kantian project is circular, because it defines rights and freedom together, and that this circularity renders it unable to say anything determinate about appropriate restrictions and permissions. I show that the appearance of circularity arises from a misconstrual of the Kantian idea of a right. Properly understood, Kantian rights are partially indeterminate, but not in a way that causes problems for the account. Ronzoni and Williams seek to broaden the reach of public right, arguing that Kant's abstract approach overlooks pressing questions of social and political life, (Ronzoni) and that public right should allow for democratic deliberation about purposes that go beyond the requirement that a state provide a rightful condition for its members (Williams). I argue that the Kantian view makes room for these factors, but that each must be understood in relation to the formal constraints of right.     

A Neo-Meadian Approach to Human Agency: Relating the Social and the Psychological in the Ontogenesis of Perspective-Coordinating Persons

How can human agency be reconciled with bio-physical determinism? Starting with a discussion of the long standing debate between determinism and agency, we argue that the seeds of a reconciliation can be found in George Herbert Mead’s ideas concerning social acts, perspectives, differentiation, self-other interactivity, and conscious understanding. Drawing on more recent reformulations of Mead’s ideas, we present an integrated account of the ontogenesis of human agency. Human agency, we argue, should be conceptualized in terms of distanciation from immediate experience, and we show how social interactions, institutions and symbolic resources foster the development of agency in increasingly complex ways. We conclude by situating our work in relation to other developmental accounts and the larger project of theorizing and empirically supporting a compatibilist rendering of human agency as the “determined” self-determination of persons.     

A Kantian Hybrid Theory of Art Criticism: A Particularist Appeal to the Generalists

Noël Carroll proposes a generalist theory of art criticism, which essentially involves evaluations of artworks on the basis of their success value, at the cost of rendering evaluations of reception value irrelevant to criticism. In this article, I argue for a hybrid account of art criticism, which incorporates Carroll's objective model but puts Carroll‐type evaluations in the service of evaluations of reception value. I argue that this hybrid model is supported by Kant's theory of taste. Hence, I not only present an alternative theory of metacriticism, which has the merit of reinstating the centrality of reception value in art critics’ evaluations, but also show that, contrary to a common conception, Kant's aesthetic theory can house a fruitful account of art criticism. The benefit of this hybrid account is that, despite being essentially particularist, it should be appealing even to generalists, including Carroll.     

Autonomy and radical evil: a Kantian challenge to constitutivism

Properly understood, Kant’s moral philosophy is incompatible with constitutivism. According to the constitutivist, being subject to the moral law cannot be a matter of free choice, and failure to comply with it is to be understood as a deficiency in one’s integrity as an intentional agent. I reconstruct Kant’s arguments to the conclusion that immorality, moral evil, consists in choosing to give one’s unity as an intentional agent supremacy over the moral law, and that one’s being subject to the moral law must be one’s own free choice. And I explain how Kant’s doctrine of radical evil, according to which we cannot be subject to the moral law without actually being morally evil, protects this conclusion from entailing the denial of the unconditionally binding character of moral principles, which character constitutivists correctly identify as the central concern of Kant’s – or any – moral philosophy.