A Critique of Rawls's 'Freestanding'Justice

Rawls's recent articulation of his theory of justice in Political Liberalism (1993) carries on the contractarian approach to defining justice, which was first laid out in A Theory of Justice (1971). However, this approach is now characterised as 'political', not metaphysical. It is intended to appeal to those who are deeply divided by cultural, religious, and moral beliefs: it is to explain how justice can be stable in a divided society. This 'political'approach, nevertheless, has narrowed its appeal. Since it relies on the shared ideas in democratic societies, its appeal becomes political and cultural. Morever, this theory's requirement of equal basic liberties for a just society calls for a relatively developed economy and social institutions. It fails to provide guidance to societies that, owing to their lesser development, cannot afford to guarantee the worth of equal basic liberties. The structual insufficiency of Rawls's 'political'theory explains the failure of his continuing efforts to extend his liberal theory of justice to the international terrain. This essay analyses this insufficiency and the narrow applicability of Rawls's 'political'theory of justice.     

Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services.     

A Kantian Take on the Supererogatory

This article presents a Kantian alternative to the mainstream approach in ethics concerning the phenomena that are widely thought to require a category of the supererogatory. My view is that the phenomena do not require this category of (Kantian style) imperfect duties. Elsewhere I have written on Kant on this topic; here I shift my focus away from interpretive issues and consider the pros and cons of the Kantian approach. What background assumptions would lean one to favour the Kantian approach and what sorts would lean one to favour the mainstream approach? I also consider the possibility that in institutional contexts, there is a need for the category of the supererogatory. Here, it seems, we do need to know what we really have to do and what is beyond the call of duty; in this context, however, duty is not the Kantian moral notion, but rather is pegged to particular roles, or to the needs of the institution or group or club of which one is a member. But even here, I argue, the notion of the supererogatory is not crucial.     

Kantian Schemata: A Critique Consistent with the Critique

Kant posits the schema as a hybrid bridging the generality of pure concepts and the particularity of sensible intuitions. However, I argue that countenancing such schemata leads to a third‐man regress. Siding with those who think that the mid‐way posit of the Critique of Pure Reason's schematism section is untenable, my diagnosis is that Kant's transcendental inquiry goes awry because it attempts to analyse a form/matter union that is primitive. I therefore sketch a nonrepresentational stance aimed at respecting this primitivity.     

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.     

The Liberty of the Liberty Principle

Res Publica - Mill’s Liberty Principle aims to protect ‘social’ freedom, which is traditionally understood as negative freedom. I argue that Mill’s conception of social...     

Wittgenstein on the grounds of religious faith: A Kantian proposal

This paper argues that there is an important continuity between Wittgenstein's early remarks on religion and his later treatment of the theme as it appears in his lectures in the 1930s and in his personal diary notes at that time. This continuity pertains to 3 features. First, the early and later Wittgenstein share a critical stance on methodological naturalism, that is, the view that the method of philosophy is relevantly similar to that of the natural sciences. Importantly, religion figures as one of Wittgenstein's examples of the limits of the factual language of natural sciences. Second, both the early and the later Wittgenstein connect religion to the problem of seeing one's life as meaningful while denying the possibility of establishing any objectively understood meaning of life. Third, both evoke the idea of different types of judgments, the conditions of which are independent of each other. Although religious faith is not grounded in factual knowledge and cannot be justified by appeal to empirical evidence or conceptual argumentation, it is not groundless either. Rather, in accordance with Kant who claims that faith may have a nontheoretical justification, Wittgenstein shows that religious faith may result from a personal experience of one's life as a meaningful whole.     

A representationalist reading of Kantian intuitions

Synthese - There are passages in Kant’s writings according to which empirical intuitions have to be (a) singular, (b) object-dependent, and (c) immediate. It has also been argued that...     

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.     

Animality and Agency: A Kantian Approach to Abortion

This paper situates abortion in the context of women's duties to themselves. I argue that the fundamental Kantian requirement to respect oneself as a rational being, combined with Kant's view of our animal nature, form the basis for a view of pregnancy and abortion that focuses on women's agency and characters without diminishing the importance of their bodies and emotions. The Kantian view of abortion that emerges takes abortion to be morally problematic, but sometimes permissible, and sometimes even required.
After sketching Kant's account of duties to oneself, I discuss the challenges pregnancy poses to women's agency. I then argue that abortion is morally problematic because it is antagonistic to an important subset of morally useful emotions that we have self-regarding duties to protect and cultivate; thus, there is a rebuttable deliberative presumption against maxims of abortion for inclination-based ends. I close by considering objections.