ABSTRACTA much debated passage in the Metaphysics of Morals often leads commentators to believe that it is not possible to act from juridical duty. On the one hand, Kant says that all lawgiving inc...

In spite of its dominance, there are well-known problems with Rawls’s method of reflective equilibrium (MRE), as a method of justification in meta-ethics. One issue in particular has preoccupied commentators, namely, the capacity of this method to provide a convincing account of the objectivity of our moral beliefs. Call this the Lack-of-Objectivity Charge. One aim of this article is to examine the charge within the context of Rawls’s later philosophy, and I claim that the lack-of-objectivity charge remains unanswered. A second (...) aim of this article is to examine the extent to which, despite Rawls’s express intention to avoid reliance on Kant’s moral philosophy, supplementing Rawls’s political constructivism with some Kantian elements, in particular Kant’s idea of a universal principle of right, not only addresses some of the issues raised by the lack-of-objectivity charge, but also does so without compromising the ability of the Rawlsian account to accommodate the pluralism of conceptions of the good, which he takes to be a fact of modern democracies. I argue for a revised justificatory methodology, which combines Rawls’s MRE and Kant’s Critical Method. (shrink)

This paper analyzes the ethical-political dilemma in Kant’s work, sometimes expressed through the metaphor of the “crooked wood of humanity.” Kant separates external and internal freedom and the types of legislation each form of freedom requires (coercive and noncoercive). Yet, he also argues that corrupt political institutions adversely affect individual ethical development, and, reciprocally, corrupt inner dispositions of a populace adversely affect the establishment of just political institutions. I argue that a major way in which Kant addresses this vicious circle (...) is through ethical institutions, that is, noncoercive public resources for articulating and disseminating the principles of the moral law. I discuss the idea of an ethico-civil society or ethical community formulated in the Religion as an ideal model for ethical institutions mediating the ethical and the legal-political in a noncoercive, progressive manner. (shrink)

This essay questions what is argued by many scholars today, namely that the moral concept of human dignity provides the basis for the establishment of human rights. More specifically, I critically discuss the two most prominent conceptions of human dignity, the ‘status’ and the ‘value’ conceptions of dignity, which are suggested today as the foundations of human rights. Ultimately, I propose a different, ‘duty-based’ philosophical account for the justification of the latter.

This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is presented in his Doctrine of Right, provides us with the much needed resolution to the question of the normativity of law, precisely because it brings in a perspective that avoids both positivism and ethicism. This particular interpretation follows a strategy of argumentation that I call the “argument for the intrinsic normativity of law”, i.e., the argument that law is defined and justified on its own grounds, without (...) any need to refer to ethics, or rational/enlightened self-interest. This argument highlights the concept of legal person with the innate right to freedom as the necessary presupposition of legal practices, and sets forth a fundamental sense of justice inherent to the concept of law that consists in the reciprocal recognition of legal personality. In the end, I come up with a distinctive conception of law that I formulate as a last resort of normativity in the face of a conflict wherein an ethical solution does not appeal to all parties. (shrink)