Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, or the hope of (...) deterring other criminals. Because the most commonly discussed version of retributivism is developed from Kant's moral and legal theory, I will refer to it as Kantian Retributivism. Despite its appeal, Kantian Retributivism cannot provide a satisfactory response to a kind of case that is receiving increasingly serious consideration in philosophical literature. The case is this: Many crimes are committed by individuals profoundly disadvantaged by unjust social institutions, such as racism, classism, and/or sexism. If such individuals commit crimes, the retributivist is placed in a very difficult position: Either she must claim that the individual has willfully committed a crime and for that reason deserves punishment, seeming to ignore entirely the social background of the individual, or she can claim that the individual—in virtue of being disadvantaged by social injustices(s)—does not deserve punishment because such punishment would be unfair. I have argued elsewhere that neither strategy is tenable. (shrink)

Hegel claims that punishment is justified because it annuls crimes thereby revealing the criminal act for what it is, a will “null and void.” In this paper I analyze the complex notion of annulment, arguing that Hegel is claiming that punishment does not change the past, but alters the status of the criminal will so as to reveal that will for what it is, a violation of a victim’s rights. In short, punishment invalidates the criminal's will and validates the victim's (...) rights. I conclude that Hegel has offered a compelling reason to punish criminals and one that fits well a commitment to taking victim rights seriously. (shrink)

This paper demonstrates something that Kant notoriously claimed to be possible, but which Kant scholars today widely believe to be impossible: unification of all three formulations of the Categorical Imperative. Part 1 of this paper tells a broad-brush story of how I understand Kant’s theory of practical reason and morality, showing how the three formulations of the Categorical Imperative appear to me to be unified. Part 2 then provides clear textual support for each premise in the argument for my interpretation.

Some philosophers object that Kant's respect cannot express mutual recognition because it is an attitude owed to persons in virtue of an abstract notion of autonomy and invite us to integrate the vocabulary of respect with other persons-concepts or to replace it with a social conception of recognition. This paper argues for a dialogical interpretation of respect as the key-mode of recognition of membership in the moral community. This interpretation highlights the relational and practical nature of respect, and accounts for (...) its governing role over other persons-regarding concepts. (shrink)

On Kant's view, the feeling of respect is the mark of moral agency, and is peculiar to us, animals endowed with reason. Unlike any other feeling, respect originates in the contemplation of the moral law, that is, the idea of lawful activity. This idea works as a constraint on our deliberation by discounting the pretenses of our natural desires and demoting our selfish maxims. We experience its workings in the guise of respect. Respect shows that from the agent's subjective perspective, (...) morality is the experience of being bound and necessitated, but also of being free and emancipated from inclinations. (shrink)

In this paper, I examine a variety of agents that appear in Kantian ethics in order to determine which would be necessary to make a robot a genuine moral agent. However, building such an agent would require that we structure into a robot’s behavioral repertoire the possibility for immoral behavior, for only then can the moral law, according to Kant, manifest itself as an ought, a prerequisite for being able to hold an agent morally accountable for its actions. Since (...) building a moral robot requires the possibility of immoral behavior, I go on to argue that we cannot morally want robots to be genuine moral agents, but only beings that simulate moral behavior. Finally, I raise but do not answer the question that if morality requires us to want robots that are not genuine moral agents, why should we want something different in the case of human beings. (shrink)

ABSTRACT: A brief critique of Bruno Haas’ interpretation of Kant’s categories of practical reason and a reply to his criticism of my paper 'Die Kategorien der Freiheit bei Kant' ('Kant's Categories of Freedom').

ABSTRACT: A general interpretation and close textual analysis of Kant’s theory of the categories of freedom (or categories of practical reason) in his Critique of Practical Reason. My main concerns in the paper are the following: (1) I show that Kant’s categories of freedom have primarily three functions: as conditions of the possibility for actions (i) to be free, (ii) to be comprehensible as free and (iii) to be morally evaluated. (2) I show that for Kant actions, although qua theoretical (...) objects they are always already constituted by means of the theoretical categories, qua practical objects (objects of reason in its practical use, i.e. objects qua possibly good or bad) they are constituted by means of the categories of freedom; and that it is only in this way that actions, qua phenomena, can be a consequence of freedom, and can be understood and evaluated as such. (English translation in progress.). (shrink)

Kant's claim that the rational will has absolute value or dignity appears to render any prudential suicide morally impermissible. Although the previous appeals of Kantians (e. g., David Velleman) to the notion that pain or mental anguish can compromise dignity and justify prudential suicide are unsuccessful, these appeals suggest three constraints that an adequate Kantian defense of prudential suicide must meet. Here I off er an account that meets these constraints. Central to this account is the contention that some suicidal (...) agents, because they are unable to fashion a rational conception of their own happiness, are diminished with respect to their dignity of humanity, and as a result, lack the pricelessness that makes prudential suicide wrong on a Kantian view. (shrink)

Though Kant calls the prohibition against suicide the first duty of human beings to themselves, his arguments for this duty lack his characteristic rigor and systematicity. The lack of a single authoritative Kantian approach to suicide casts doubt on what is generally regarded as an extreme and implausible position, to wit, that not only is suicide wrong in every circumstance, but is among the gravest moral wrongs. Here I try to remedy this lack of systematicity in order to show that (...) Kant's position on suicide is more appealing and credible than it seems at first glance. Kant in fact offers three distinct lines of argument against suicide. The first, the chief argument in his Lectures on Ethics, holds that suicide violates the divine will, for in willing our own deaths we usurp God's right to determine the duration of our existence; as God's property, we are not entitled to end our own lives willfully. The second, rooted in the Groundwork, holds that suicide is incompatible with a system of willed ends conceived analogously with a system of nature, so a maxim to commit suicide cannot be coherently willed as a universal practical principle. The third argument, drawn from the Metaphysics of Morals, holds that because suicide obliterates the rational will from the world, and as the rational will is the source of moral worth, suicide cannot be consistently willed by beings subject to moral requirements. To authorize oneself to take one's own life, Kant claims, is to attempt 'to withdraw from all obligation.' We cannot, under the color of morality, seek to cancel the will that authorizes all obligation in the first place. This third argument is demonstrably superior to the other two in being both more philosophically plausible in its own right and more Kantian in flavor. (shrink)

I consider Kant’s use of claims about “nature’s ends” in his arguments to establish maxims of homosexual sex, masturbation, and bestiality as constituting “unnatural” sexual vices, which are contrary to one’s duties to oneself as an animal and moral being. I argue, first, that the formula of humanity is the principle best suited for understanding duties to oneself as an animal and moral being; and second, that although natural teleology is relevant to some degree in specifying these duties, it cannot (...) play a sufficiently robust role to establish Kant’s conclusion. I also discuss what the formula of humanity (along with warranted attention to natural teleology) suggests about the morality of homosexual sex, masturbation, and bestiality. (shrink)

Kant claims that we have a duty to promote our own moral perfection, but not the moral perfection of others. I examine three types of argument for this asymmetry, as well as the implications of these arguments--and their success or failure--for Kantian theory. The arguments I consider say that (first) to promote others’ perfection is impossible; (second) to try to promote others’ perfection is impermissible; and (third) one cannot be obligated to promote both others’ perfection and one’s own. I argue (...) that none of these arguments establishes Kant’s conclusion. Since the formula of humanity grounds a duty to promote our own perfection out of respect for our rational nature, the absence of an argument denying that we must promote others’ perfection suggests that we must do so (out of respect for their rational nature). Even so, Kant’s theory discourages moral paternalism and takes perfection to be a primarily self-regarding project. Thus, I also show that a Kantian duty to promote the moral perfection of others would be unobjectionable, despite the problems such a duty might initially seem to invite. (shrink)

The dispute between Kantians and Humeans over whether practical reason can justify moral reasons for all agents is often characterized as a debate over whether reasons are hypothetical or categorical. Instead, this debate must be understood in terms of the distinction between agent-neutral and agent-relative reasons. This paper considers Alan Gewirth’s Reason and Morality as a case study of a Kantian justification of morality focused on deriving categorical reasons from hypothetical reasons. The case study demonstrates first, the possibility of categorical (...) agent-relative reasons, and second, that inattention to this possibility has caused considerable confusion in the debate between Kantians and Humeans. (shrink)

This is the version of the interview with Professor Korsgaard that was supposed to have appeared in Constructions of Practical Reason: Interviews on Moral and Political Philosophy, edited by Herlinde Pauer-Studer (Stanford: Stanford University Press, 2002). Due to an unfortunate accident, the first edition of that volume contains an unedited transcript of that interview rather than the corrected version below.

Ethical concepts are, or purport to be, normative. They make claims on us: they command, oblige, recommend, or guide. Or at least when we invoke them, we make claims on one another; but where does their authority over us - or ours over one another - come from? Christine Korsgaard identifies four accounts of the source of normativity that have been advocated by modern moral philosophers: voluntarism, realism, reflective endorsement, and the appeal to autonomy. She traces their history, showing how (...) each developed in response to the prior one and comparing their early versions with those on the contemporary philosophical scene. Kant's theory that normativity springs from our own autonomy emerges as a synthesis of the other three, and Korsgaard concludes with her own version of the Kantian account. Her discussion is followed by commentary from G. A. Cohen, Raymond Geuss, Thomas Nagel, and Bernard Williams, and a reply by Korsgaard. (shrink)

I defend a certain claim about rationing in the context of HIV/AIDS, namely, the 'priority thesis' that the state of a developing country with a high rate of HIV should provide highly active anti-retroviral treatment (HAART) to those who would die without it, even if doing so would require not treating most other life-threatening diseases. More specifically, I defend the priority thesis in a negative way, by refuting two influential and important arguments against it inspired by the Kantian principle of (...) respect for persons. The 'equality argument' more or less maintains that prioritizing treatment for HIV/AIDS would objectionably treat those who suffer from it as more important than those who do not. The 'responsibility argument' says, roughly, that to ration life-saving treatment by prioritizing those with HIV would wrongly fail to hold people responsible for their actions, since most people infected with HIV could have avoided the foreseeable harm of infection. While it appears that a Kantian must think that one of these two arguments is sound, I maintain that, in fact, respect for persons grounds neither the equality nor responsibility argument against prioritizing HAART and hence at least permits doing so. If this negative defence of the priority thesis succeeds, then conceptual space is opened up for the possibility that respect for persons requires prioritizing HAART, which argument I sketch in the conclusion as something to articulate and defend in future work. (shrink)

Despite the current popularity of 'Kantian' ethical theory, Kant's applied ethical conclusions receive little respect. Kantians provide a variety of reasons for rejecting Kant's own application of his ethical theory, but the justification repeated perhaps most frequently, with varying degrees of bluntness, is that in arguing for his (allegedly) objectionable results, Kant abuses his theory to rationalize prevailing cultural norms. Against this view, this paper argues that Kant is not guilty of widespread misapplication of his meta-ethical theory. This paper considers (...) a number of applied results contemporary Kantians are eager to rid themselves of and shows how Kant provides support for each of them by considering the crucial concept of personality. Because of the central role this concept plays in Kant's theory and the strength of the support it provides for his conclusions, it will be difficult for any Kantian theory to jettison Kant's unpopular applied ethics without seriously distorting his understanding of the Categorical Imperative. (shrink)

When is one person entitled to sanction another for moral wrongdoing? When, instead, must one mind one’s own business? Stephen Darwall argues that the legitimacy of social sanctioning is essential to the very concept of moral obligation. But, I will argue, Darwall’s “second person” theory of accountability unfortunately implies that every person is entitled to sanction every wrongdoer for every misdeed. In this essay, I defend a set of principles for differentiating those who have the standing to sanction from those (...) who do not. (shrink)

The utilitarian conception, which I call “action as production,” holds that action is a way of making use of the world, conceived as a causal mechanism. According to the rational intuitionist conception, which I call “action as assertion,” action is a way of acknowledging the value in the world, conceived as a realm of status. On the Kantian constructivist conception, which I call “action as participation,” action is a way of making the world, qua causal mechanism, come to count as (...) a realm of status. My rather limited aim in this paper is to identify three substantively different answers the question of how action relates an agent to the world, regarded as a context of action. (shrink)

It is widely thought to be unfair to hold people responsible, or to blame or punish them, for wrongful acts or omissions that are beyond their control. Because this principle is often taken to support incompatibilism, and because it has led many to deny the possibility of moral luck, we might expect its normative underpinnings to have been carefully scrutinized. However, surprisingly, they have not. In the current paper, I will try to fill this gap by first reconstructing, and then (...) criticizing, what I take to be the principle’s most compelling rationale. Because I will argue that that rationale is irretrievably flawed, the thrust of my discussion will be to raise doubts both about the principle itself and about the philosophical theses that it is said to support. (shrink)

In many histories of modern ethics, Kant is supposed to have ushered in an anti-realist or constructivist turn by holding that unless we ourselves 'author' or lay down moral norms and values for ourselves, our autonomy as agents will be threatened. In this book, Robert Stern challenges the cogency of this 'argument from autonomy', and claims that Kant never subscribed to it. Rather, it is not value realism but the apparent obligatoriness of morality that really poses a challenge to our (...) autonomy: how can this be accounted for without taking away our freedom? The debate the book focuses on therefore concerns whether this obligatoriness should be located in ourselves (Kant), in others (Hegel) or in God (Kierkegaard). Stern traces the historical dialectic that drove the development of these respective theories, and clearly and sympathetically considers their merits and disadvantages; he concludes by arguing that the choice between them remains open. (shrink)

Despite Kant's lasting influence on philosophical accounts of moral motivation, many details of his own position remain elusive. In the Critique of Practical Reason, for example, Kant argues that our recognition of the moral law’s authority must elicit both painful and pleasurable feelings in us. On reflection, however, it is unclear how these effects could motivate us to act from duty. As a result, Kant’s theory of moral sensibility comes under a skeptical threat: the possibility of a morally motivating feeling (...) seems incoherent. My aim in this paper is to reconstruct Kant’s theory in a way that overcomes this threat. By way of conclusion, I show how my reconstruction brings a new perspective to a long-standing dispute over intellectualist and affectivist views of moral motivation. (shrink)

This paper interprets facts about actions and responsibility in terms of Kant’s category of the ‘intelligible,’ but is also broadly naturalistic in its approach. It analyses intelligible facts in terms of two elements, the institutional and the normative. First, I draw on John Searle’s account of institutional facts. Searle emphasises that neither the meaning of a word nor my possession of something is a matter of empirical facts concerning the entity itself. Instead, to understand the nature of such facts, we (...) must take account of people’s shared beliefs. Kant’s account of property relations can, in part, be understood as an institution in Searle’s sense. Drawing on the work of Tamar Schapiro and Arthur Ripstein, I extend this idea to illuminate our ‘ownership’ of our deeds. Second, and more briefly, I present a normative element. Institutional facts need not, in themselves, be morally compelling. Under conditions of relative freedom and equality, however, I argue that practices of responsibility can be seen as a practical manifestation of critique. This generates a critical self-reflexivity that, I suggest, provides normative warrant to the practices of action and responsibility that we institute among ourselves. (shrink)

This paper looks at the attribution of moral responsibility in the light of Kant's claim that the maxims of our actions should be universalizable. Assuming that it is often difficult for us to judge which actions satisfy this test, it suggests one way of translating Kantian morality into practice. Suppose that it is possible to read each action, via its maxim, as a communication addressed to the world: as an attempt to set the terms on which we should interact with (...) one another. The paper suggests that respect for the actor requires us to take this communication seriously. When we suppose that an action is wrong, we then have a powerful reason to dispute its message: to hold the actor responsible for her deed. Although we are often unreliable judges ‘in our own case’, our mutual attributions of responsibility show us judging together, what the moral law should mean in practice. (shrink)

Although commentators sometimes mention a link between Kant and Nietzsche, this paper claims that the continuities in their moral thought have been insufficiently explored. I argue that Nietzsche may offer us a profound rethinking of Kant’s morality – one indebted to Kant’s ideal of critique. The paper first considers the wide apparent gulf between the thinkers. The second section seeks to explain this gulf in terms which relate to Kant’s overall project, while the final section deals with Nietzsche’s critique of (...) Kant’s reliance on rules of various sorts. I conclude with two suggestions for contemporary Kantian ethics that we might take from Nietzsche’s engagement. (shrink)

This paper explores some ways in which Immanuel Kant’s ethical theory can be brought to bear on professional and health care ethics. Health care professionals are not mere individuals acting upon their own ends. Rather, their principles of action must be defined in terms of participation in a cooperative endeavor. This generates complex questions as to how well their roles mesh with one another and whether they comprise a well-formed collective agent. We argue that Kant’s ethics therefore, and perhaps surprisingly, (...) requires us to consider the institutions, procedures, and politics that decide who should play what part in a complex collective enterprise. Likewise, professional responsibility involves – alongside a readiness to play one’s individual part – a concern for these collective aspects of healthcare. (shrink)

This essay examines the connection between the concept of autonomy and the concept of an ideal, moral self in Kant’s practical philosophy. Its central thesis is that self-legislation does not rest on the capacity to exempt oneself from nature’s causal network. Instead, it rests on the practical capacity for identification with what Kant calls an individual’s “moral personality.” A person’s ability to identify with this morally ideal version of himself gives shape to his will, enabling him to decide how to (...) act on the basis of reasons that do not stem from desires or inclinations. It thus makes possible a form of volition that is autonomous rather than heteronomous. (shrink)