This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the Metaphysical (...) Deduction, which establishes the purity of origin of the Categories, and, second, that in the second Critique, the relevant factum is the Fact of Reason, which amounts to the fact that the Moral Law is pure in origin. (shrink)

Kant’s views on the relation between freedom and moral law seem to undergo a major, unannounced shift. In the third section of the Groundwork, Kant seems to be using the fact that we must act under the idea of freedom as a foundation for the moral law. However, in the Critique of Practical Reason, Kant claims that our awareness of our freedom depends on our awareness of the moral law. I argue that the apparent conflict between the two texts depends (...) on a reading of the opening paragraphs of Groundwork III, and on an interpretation of Kant’s claim that we “act under the idea of freedom”, that is implausible on textual and on philosophical grounds. I then present an alternative interpretation of what Kant means by “acting under the idea of freedom” and of the opening paragraphs of Groundwork III. I argue that the only substantive conclusion of these paragraphs is that no theoretical proof of freedom is necessary. Moreover I argue that although these paragraphs raise concerns about the validity of the moral law, these concerns and Kant’s answers to them, do not give rise to any significant conflict with his views in the Critique of Practical Reason. (shrink)

Kant’s views on the relation between freedom and moral law seem to undergo a major, unannounced shift. In the third section of the Groundwork, Kant seems to be using the fact that we must act under the idea of freedom as a foundation for the moral law. However, in the Critique of Practical Reason, Kant claims that our awareness of our freedom depends on our awareness of the moral law. I argue that the apparent conflict between the two texts depends (...) on a reading of the opening paragraphs of Groundwork III, and on an interpretation of Kant’s claim that we “act under the idea of freedom”, that is implausible on textual and on philosophical grounds. I then present an alternative interpretation of what Kant means by “acting under the idea of freedom” and of the opening paragraphs of Groundwork III. I argue that the only substantive conclusion of these paragraphs is that no theoretical proof of freedom is necessary. Moreover I argue that although these paragraphs raise concerns about the validity of the moral law, these concerns and Kant’s answers to them, do not give rise to any significant conflict with his views in the Critique of Practical Reason. (shrink)