With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

While universalist theories have come under increasing attack from relativist and post-modern critics, such as Walzer, MacIntyre and Rorty, Kantian constructivism can be seen as a saviour of universalist ethics. Kantian constructivists accept the criticism that past universalist theories were foundational and philosophically comprehensive and thus contestable, but dispute that universalist principles are unattainable. The question then arises if Kantian constructivism can deliver a non-foundational justification of universal principles. Rawls, the first Kantian constructivist, has seemingly retreated from the universalist ambitions (...) of Kantian constructivism. However, others have taken up the project of Kantian constructivism. One of them is O’Neill, who argues that she can succeed where Rawls failed and provide a truly universal non-foundational constructivism. Her requirements for such a constructivism are a constructive justification of the procedure of construction and the use of only abstract, non-ideal starting points. I will argue that O’Neill fails on both accounts. Instead of justifying the principle of practical reason constructively she gives an instrumental and therefore conditional justification. Instead of relying on purely abstract starting points her account builds on an underlying value assumption. This indicates inherent contradictions within constructivism, and might force defenders of universalism to look elsewhere to answer the relativist and post-modern critic. (shrink)

It is common for constructivists to claim that Kant was the first philosopher to understand moral facts as ‘constructions of reason’. They think that Kant, just like the constructivist, proposes a procedure – the Categorical Imperative – from which the order of value can be ‘constructed’ and grounds the validity of this construction procedure not in some previous value but in its capacity to solve a practical problem, the problem of ‘free agency’. I here argue that this reading is misguided (...) and propose that we read Kant as a teleological realist instead. Kant is a realist in that he takes the value of rational nature to be objective and so not ‘constructed’. Kant is a teleological realist insofar as his derivation of the moral law from the objective value of rational nature relies on a teleological understanding of rational nature. (shrink)

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...) voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

The Kantian strain of practical constructivism (through Rawls, Korsgaard, and others) has been so influential that it is tempting to identify the constructivist approach in practical domains with the Kantian development of the outlook. In this essay, I explore a different variety of practical constructivism, what I call “Aristotelian constructivism”. My aim is to establish conceptual space for this form of constructivism by indicating in what ways Aristotelian constructivism agrees with its Kantian counterparts and in what ways it differs. I (...) claim that it is, in one sense, more faithful to the constructivist enterprise than the Kantian varieties, in that its understanding of both the establishment of practical truth and the vindication of the theory itself is constructivist. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

This critical survey of recent work on Kant's doctrine of the fact of reason and his doctrine of the practical postulates (of freedom, God, and immortality) assesses the implications of these doctrines for the debate about realism and antirealism in Kant's moral philosophy. Section 1 briefly surveys some salient considerations from the first Critique and Groundwork. In section 2, I argue that recent work on the role, content, "factual" nature, and epistemic status of the fact of reason does not support (...) an anti-realist interpretation of Kant's ethics. In section 3, I argue that recent work on the derivation and epistemic and ontological status of the practical postulates does not support an anti-realist interpretation of Kant's ethics. (shrink)

More and more people seem to think that constructivism - in political philosophy, in moral philosophy, and perhaps in practical reasoning most generally - is the way to go. And yet it is surprisingly hard to even characterize the view. In this paper, I go to some lengths trying to capture the essence of a constructivist position - mostly in the realm of practical reason - and to pinpoint its theoretical attractions. I then give some reason to suspect that there (...) cannot be a coherent constructivist view about practical reason as a whole, at least not if it is to be interestingly constructivist, in a sense I make reasonably precise. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 281-292, January 2022.

While universalist theories have come under increasing attack from relativist and post-modern critics, such as Walzer, MacIntyre and Rorty, Kantian constructivism can be seen as a saviour of universalist ethics. Kantian constructivists accept the criticism that past universalist theories were foundational and philosophically comprehensive and thus contestable, but dispute that universalist principles are unattainable. The question then arises if Kantian constructivism can deliver a non-foundational justification of universal principles. Rawls, the first Kantian constructivist, has seemingly retreated from the universalist ambitions (...) of Kantian constructivism. However, others have taken up the project of Kantian constructivism. One of them is O’Neill, who argues that she can succeed where Rawls failed and provide a truly universal non-foundational constructivism. Her requirements for such a constructivism are a constructive justification of the procedure of construction and the use of only abstract, non-ideal starting points. I will argue that O’Neill fails on both accounts. Instead of justifying the principle of practical reason constructively she gives an instrumental and therefore conditional justification. Instead of relying on purely abstract starting points her account builds on an underlying value assumption. This indicates inherent contradictions within constructivism, and might force defenders of universalism to look elsewhere to answer the relativist and post-modern critic. (shrink)

Constitutivism aims to justify substantial normative standards as constitutive of practical reason. In this way, it can defend the constructivist commitment to avoiding realism and anti-realism in normative disciplines. This metaphysical debate is the perspective from which the nature of the constitutivist justification is usually discussed. In this paper, I focus on a related, but distinct, debate. My concern will not be whether the substantial normative claims asserted by the constructivist have some elements, which are not constructed, but real, given (...) independently from us; instead, my concern will be more narrowly epistemic – whether those claims can be derived from premises, which are normatively less substantial than the normative conclusions themselves. I focus on Korsgaard’s transcendental articulation of the constitutivist argument. I conclude that more work would need to be done, in order for this argument to function as intended. (shrink)

Immanuel Kant (1724–1804) argued that moral requirements are based on a standard of rationality he dubbed the “Categorical Imperative” (CI). Immorality thus involves a violation of the CI and is thereby irrational. Other philosophers, such as Locke and Hobbes, had also argued that moral requirements are based on standards of rationality. However, these standards were either desirebased instrumental principles of rationality or based on sui generis rational intuitions. Kant agreed with many of his predecessors that an analysis of practical reason (...) will reveal only the requirement that rational agents must conform to instrumental principles. Yet he argued that conformity to the CI (a non-instrumental principle) and hence to moral requirements themselves, can nevertheless be shown to be essential to rational agency. This argument was based on his striking doctrine that a rational will must be regarded as autonomous, or free in the sense of being the author of the law that binds it. The fundamental principle of morality — the CI — is none other than the law of an autonomous will. Thus, at the heart of Kant's moral philosophy is a conception of reason whose reach in practical affairs goes well beyond that of a Humean ‘slave’ to the passions. Moreover, it is the presence of this self-governing reason in each person that Kant thought offered decisive grounds for viewing each as possessed of equal worth and deserving of equal respect. (shrink)

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...) no place within it at all. In fact, constructivism is sometimes defended as a normative theory about the justification of moral principles. Normative constructivism is the view that the moral principles we ought to accept are the ones that agents would agree to or endorse were they to engage in a hypothetical or idealized process of rational deliberation. -/- Metaethical constructivist theories aim to account for the nature of normative truths and practical reasons. They bear a problematic relation to traditional classifications of metaethical theories. In particular, there are disagreements about how to situate constructivism in the realism/antirealism debate. These disagreements are rooted in further differences about the definition of metaethics, the relation between normative and metaethical claims, and the purported methods pertinent and specific to metaethical inquiry. The question of how to classify metaethical constructivism will be addressed in what follows by focusing on the distinctive questions that constructivist theories have been designed to answer. Section 1 explains the origin and motivation of constructivism. Sections 2–4 examine the main varieties of metaethical constructivism. Section 5 illustrates related constructivist views, some of which are not proposed as metaethical accounts of all normative truths, but only of moral truths. Sections 6 and 7 review several debates about the problems, promise and prospects of metaethical constructivism. (shrink)

This dissertation is intended as an intervention in the interminable and apparently antinomical philosophical exchange between political theories of radical democracy descended from Ernesto Laclau and Chantal Mouffe and liberal democracy descended from John Rawls. Radical democrats have deployed the friend-enemy distinction of Carl Schmitt to criticize liberal democracy as hypocritical and ultimately undemocratic in its refusal to critique its own ground; liberal democrats have riposted by characterizing radical democracy as dangerously anarchic. In this project, I read Immanuel Kant in (...) dialog with the work of Ingeborg Maus to show in a novel way that contemporary radical democratic theories ultimately fall to the very critique upon which they indict liberal democracy, that they degenerate into the valorization of mere war, and that it was in fact in full recognition of this dynamic that Kants theory of liberal democracy begins. Kants theory of countervailing liberalism is ultimately discovered to be a politics of love over barbarism. The project ranges over a wide ground, from a close reading of Kant, to the 19th Century Pantheismusstreit, to works by Arendt, Hardt and Negri, Žižek, and Strauss. (shrink)