Simon Blackburn can be seen as challenging those committed to sui generis moral facts to explain the supervenience of the moral on the descriptive. We hold that normative facts in general are sui generis. We also hold that the normative supervenes on the descriptive, and we here endeavour to answer the generalization of Blackburn's challenge. In the course of pursuing this answer, we suggest that Frank Jackson's descriptivism rests on a conception of properties inappropriate to discussions of normativity, and (...) we see reason to reject descriptivism generally. We also discuss the views of David Brink, Jonathan Dancy and Bernard Williams in this area. (shrink)

Simon Blackburn can be seen as challenging those committed to sui generis moral facts to explain the supervenience of the moral on the descriptive. We (like perhaps Derek Parfit) hold that normative facts in general are sui generis. We also hold that the normative supervenes on the descriptive, and we here endeavour to answer the generalization of Blackburn's challenge. In the course of pursuing this answer, we suggest that Frank Jackson's descriptivism rests on a conception of properties inappropriate to discussions (...) of normativity, and we see reason to reject descriptivism generally. We also discuss the views of David Brink, Jonathan Dancy and Bernard Williams in this area. (shrink)

McNaughton and Rawling's anti-reductionist intentions are to be welcomed, but are not well served by their continuing adherence to a neo-Humean notion of the 'descriptive'. Their too-willing acceptance of this notion is reflected in a denial of appropriate dialectical weight to considerations about the way 'pattern' disappears from the domain of value when we try to characterize the constituent features of the latter in non-evaluative terms. The need for a satisfactory account of the immanence of value in nature is real (...) enough, but such an account can be given without recourse to the problematic idea of a class of subvenient 'descriptive' properties. Likewise, McNaughton and Rawling's recognition of 'normative facts' is to be endorsed, but such facts are a more widespread and everyday phenomenon than they would have us think. (shrink)

I argue in this paper that Rawls is unable to offer a ground for the normativity of his freestanding politics, where his account is susceptible to a number of criticisms he raises against Hobbes. Rawls identifies three problems in Hobbes’s political view: the absence of reasonableness, the lack of a social role for morality, and finally resorting to an absolute sovereign to maintain stability. I maintain that Rawls’s Kantian account circumvents these problems. However, I argue (...) that his move to a freestanding politics that disposes of the Kantian moral basis is unable to justify normative commitments and ultimately resorts to contingent justifications resulting from uncritically accepting norms institutions inculcate. (shrink)

Trata-se de mostrar em que sentido a concepção normativa de pessoa em John Rawls pressupõe uma transformação semântica da concepção kantiana de subjetividade transcendental, em particular do seu ideal de personalidade (Persönlichkeit). Uma reinterpretação kantiana da concepção normativa de pessoa logra explicar o dispositivo procedimental do equilíbrio reflexivo para responder a críticas comunitaristas em defesa do individualismo inerente ao liberalismo político, concebido não mais como uma doutrina abrangente da auto-identidade mas como um construtivismo, num modelo coerentista de justificativa epistêmico-moral. (...) PALAVRAS-CHAVE – Construtivismo. Equilíbrio reflexivo. Liberalismo político. Personalidade. ABSTRACT The article seeks to show in which sense Rawls’s normative conception of the person does presuppose a semantic transformation of the Kantian conception of transcendental subjectivity, particularly of his ideal of personhood (Persönlichkeit). A Kantian reinterpretation of the normative conception of the person succeeds in accounting for the procedural device of reflective equilibrium so as to address communitarian criticisms in defense of the individualism inherent in political liberalism, conceived no longer as a comprehensive doctrine of selfidentity but as a constructivism, within a coherentist model of moral epistemology. KEY WORDS – Constructivism. Personhood. Political liberalism. Reflective equilibrium. (shrink)

Trata-se de mostrar em que sentido a concepção normativa de pessoa em John Rawls pressupõe uma transformação semântica da concepção kantiana de subjetividade transcendental, em particular do seu ideal de personalidade. Uma reinterpretação kantiana da concepção normativa de pessoa logra explicar o dispositivo procedimental do equilíbrio reflexivo para responder a críticas comunitaristas em defesa do individualismo inerente ao liberalismo político, concebido não mais como uma doutrina abrangente da auto-identidade mas como um construtivismo, num modelo coerentista de justificativa epistêmico-moral. PALAVRAS-CHAVE (...) – Construtivismo. Equilíbrio reflexivo. Liberalismo político. Personalidade. ABSTRACT The article seeks to show in which sense Rawls’s normative conception of the person does presuppose a semantic transformation of the Kantian conception of transcendental subjectivity, particularly of his ideal of personhood. A Kantian reinterpretation of the normative conception of the person succeeds in accounting for the procedural device of reflective equilibrium so as to address communitarian criticisms in defense of the individualism inherent in political liberalism, conceived no longer as a comprehensive doctrine of selfidentity but as a constructivism, within a coherentist model of moral epistemology. KEY WORDS – Constructivism. Personhood. Political liberalism. Reflective equilibrium. (shrink)

This article examines the nature of rationality. The domain of rationality is customarily divided into the theoretical and the practical. Whereas theoretical or epistemic rationality is concerned with what it is rational to believe, and sometimes with rational degrees of belief, practical rationality is concerned with what it is rational to do, or intend or desire to do. This article raises some of the main issues relevant to philosophical discussion of the nature of rationality. Discussions of the nature of practical (...) rationality and reason concern norms of choice, and it seems that if such norms are not arbitrary, arguments over what those norms are must ultimately be a theoretical matter. Furthermore, this article explores rationality's role in and relation to other domains of inquiry: psychology, gender, personhood, language, science, economics, law, and evolution. (shrink)

McNaughton and Rawling present a view on which practical reasons are facts, such as the fact that the rubbish bin is full. This is a non-normative fact, but it is a reason for you to do something, namely take the rubbish out. They see rationality as a matter of consistency. And they see duty as neither purely a matter of rationality nor of practical reason: on the one hand, the rational sociopath is immoral; but, on the other, morality does not (...) require that we always act on the weightiest moral reasons. McNaughton and Rawling criticize various forms of internalism, including Williams’s, and they tentatively propose a view of duty that is neither purely subjective in Prichard’s sense, nor purely objective. (shrink)

Rawlsian liberalism is best understood and defended on the basis of a concrete but widely shared ideal of the person as a rational agent capable of normative self?determination in the proper political and economic conditions. In Rawls? recent works, this neo?Kantian ideal of free moral personality is no longer understood as a requirement of rational or moral agency as such, but is a concrete historical ideal or meta?value presupposed by the living tradition of liberal?democratic judgment and practice, which (...) reason can recover through a critical reflection upon this tradition. Read in this way, Rawls? theory of social justice articulates a quite powerful, rational, concrete, historical, and social dimension of modern political identity, which the critics of liberalism cannot plausibly deny. But there are other rival, powerful bourgeois?individualist and patriarchal ideals of personhood, equally rooted in modern political judgments and practices, which Rawlsian liberalism ignores, and which taken together generate the social tensions, instabilities, and conflicts of social justice characteristic of modern liberal?democratic society. Rawlsian theory and liberal political thought requires but essentially lacks a conception of moral reason adequate to comprehend and mediate these normative incoherences built into modern Western political identity. A larger more adequate paradigm of moral reason and political theory is required to overcome these deficiencies. (shrink)

In this article we take off from critiques of psychological and school bullying typologies as creating problematic binary categories of bully and victim and neglecting sociocultural aspects of gender and sexuality. We review bullying research informed by Judith Butler’s theories of discursive performativity, which help us to understand how subjectification works through performative repetitions of heterosexual gender norms. We then build on these insights drawing on the feminist new materialist approach of Karen Barad’s posthuman performativity, which we argue enlarges our (...) scope of inquiry in profound ways. Barad’s theories suggest we move from psychological models of the inter-personal, and from Butlerian notions of discursive subjectification, to ideas of discursive-material intra-action to consider the more-thanhuman relationalities of bullying. Throughout the article, we demonstrate the approach using examples from qualitative research with teens in the UK and Australia, exploring nonhuman agentic matter such as space, objects and time as shaping the constitution of gender and sexual bullying events. Specifically we examine the discursive-material agential intraactions of skirts and hair through which ‘girl’ and ‘boy’ and ‘slut’ and ‘gay’ materialise in school spacetimematterings. In our conclusion we briefly suggest how the new materialism helps to shift the frame of attention and responses informing gendered intraactions in schools. (shrink)

In this essay I consider the normative implications of the notion of reasonability for the construction of an idea of public reason that is cosmopolitan in scope. First, I consider the argument for the distinction between reason and reasonability in the work of Sibley and Rawls. Second, I evaluate the normative implications of reasonability through a consideration of Korsgaard's recent work. Third, I argue for a notion of reasonability that moves us beyond a Kantian concept of autonomy through (...) a consideration of the relationship between reasonability and judgment vis-à-vis Arendt's work on Kant's Third Critique. Finally, I argue for a cosmopolitan appropriation of the notion of reasonability based on Kant's notion of the aesthetic idea. The latter argument relaxes the bonds of public reason, moving us beyond the domain of ethnocentricism. (shrink)

Trata-se de mostrar em que sentido a concepção normativa de pessoa em John Rawls pressupõe uma transformação semântica da concepção kantiana de subjetividade transcendental, em particular do seu ideal de personalidade. Uma reinterpretação kantiana da concepção normativa de pessoa logra explicar o dispositivo procedimental do equilíbrio reflexivopara responder a críticas comunitaristas em defesa do individualismo inerente ao liberalismo político, concebido não mais como uma doutrina abrangente da auto-identidade mas como um construtivismo, num modelo coerentista dejustificativa epistêmico-moral.The article seeks to (...) show in which sense Rawls’s normative conception of the person does presuppose a semantic transformation of the Kantian conception of transcendental subjectivity, particularly of his ideal of personhood . A Kantian reinterpretation of the normative conception of the person succeeds in accounting for the procedural device of reflective equilibrium so as to address communitarian criticisms in defense of the individualism inherent in political liberalism, conceived no longer as a comprehensive doctrine of self-identity but as a constructivism, within a coherentist model of moral epistemology. (shrink)

倫理学における『正義論』革命の全貌。「反照的均衡」という方法論を軸とした『正義論』は、規範倫理学・政治哲学の分野を活気づけた。しかしそれだけが『正義論』革命なのではない。ロールズの理論は、道徳の根本問 題を考える道徳哲学・倫理学の分野にも衝撃を与えたのである。 -/- This book explores the full story of A Theory of Justice revolution in ethics. A Justice of Theory, centered on the methodology of "reflective equilibrium," has energized the fields of normative ethics and political philosophy. However, this is not the only revolution in A Theory of Justice. Rawls's theory has also impacted the fields of moral philosophy and metaethics, which deal with fundamental questions of morality.

John Rawls shares the Enlightenment's commitment to finding moral and political principles which can be reflectively endorsed by all individuals autonomously. He usually presents reflective autonomy in Kantian, rationalist terms: autonomy is identified with the exercise of reason, and principles of justice must be constructed which are acceptable to all on the basis of reason alone. Yet David Hume, Adam Smith and many other Enlightenment thinkers rejected such rationalism, searching instead for principles which can be endorsed by all (...) on the basis of all the faculties of the human psyche, emotion and imagination included. The influence of these sentimentalists on Rawls is clearest in his descriptive moral psychology, but I argue that it is also present in Rawls's understanding of the sources of normativity. Although this debt is obscured by Rawls's explicit "Kantianism," his theory would be strengthened by a greater understanding of its debts to the sentimentalist Enlightenment. (shrink)

Kantian constitutivists, like Velleman and Korsgaard, argue that there are norms internal to individual agency. Yet as Gilbert and others have argued there may be norms internal to shared agency as well. Might political principles of justice be norms of this second kind? I turn to the history of philosophy for an answer, focusing on Rousseau’s classic work the Social Contract. Rousseau is much better known as a social contract theorist – but I argue that he is also a (...) constitutivist about group agency. This means he is a thinker for whom success or failure in realizing the demands of justice is nothing other than success or failure in acting together. Unjust regimes, e.g. despotic ones, are ones whose members fail to genuinely act together. Interpretively, this approach has the advantage of explaining away the appearance of totalitarian tendencies in Rousseau’s thinking (‘the general will is always right’). Philosophically, it has the advantage of revealing in Rousseau’s writings what I believe is a unique type of social contract theory, resolutely non-hypothetical and normatively robust. In the closing sections, I revisit the oft-raised question of Rousseau’s relation to Rawls in light of the interpretation of the former proposed here. (shrink)

"Dissertation Advisor: Richard Cobb-Stevens Second Reader: David Rasmussen -/- My overall concern is with the Kantian legacy in political thought. More specifically, I want to know if normative talk is still viable in the wake of Wittgenstein and the linguistic turn; and if so, in what form. Most commentators today believe we have to choose between these two thinkers, either sacrificing a real concern with normativity (“relativism”) or a convincing engagement with our ordinary language (“universalism”). I follow Hilary (...) Putnam in thinking we do not have to choose between these rather drastic construals. It might still be possible to defend the force and relevance of normative exchange while still being alive to the drift of ordinary communication. This middle stance is best exemplified, I believe, by what I have called normative evaluation. -/- Basically, I am building on and extending insights and styles of argumentation that Putnam has pioneered over the years. The universalist’s rigid dichotomies (norms vs. values, rules vs. attitudes, thick vs. thin ethical concepts, justice vs. the good life, etc.) all fail the test of ordinary language. As Putnam has also shown, however, we do rely on paired concepts like these and they might still be argued to be strong—rational—enough to justify making *relative distinctions*. A relative distinction between values and norms is decisive, I think, because it would put us in the position to talk meaningfully about and reasonable settle what is more proper to one particular individual, group, or society from what is less so, thereby also making possible a normative exchange *between* them. I am therefore taking Putnam as pointing out a way to preserve key Kantian insights about the irreducibility and ubiquity of the normative while discarding his transcendental wrapping, all the while avoiding the kind of slide to wholesale cultural relativism that so easily follows in the wake of standard critiques of Kant. -/- Chapter 1: General survey. Chapter 2: Historical background (Kant, Kierkegaard, Wittgenstein). Chapter 3: Basic language philosophical arguments. Chapter 4: Rejection of the quasi-transcendental model (Apel & Habermas). Chapter 5: Confrontation with Political Liberalism (the later Rawls). (shrink)

The main purpose of the paper is to contribute to reconstructing the kind of normativity underlying Rawls’s notion of public reason and of the reasonable. The implicit target is the somewhat popular view according to which the transition from the framework of A Theory of Justice to that of Political Liberalism would entail a loss of normativity. On the contrary, the related ideas of public reason and the reasonable are argued to presuppose a notion of normativity (...) – linked with judgment – far more consistent with the premise of the fact of pluralism. After reconstructing Rawls’s notion of public reason, the two following problems are addressed: the problem of determining when allegedly shared truths, the building stones of public reason, are really such and, second, the problem of what it means for one reason to follow or proceed from a shared basis. In the context of such discussion three distinct meanings of the term ‘reasonable’ are identified, and the normatively more demanding one – the notion of some thesis or proposal being not just reasonable, but comparatively ‘more reasonable’ than another – is found to require that the reasonable be understood as the exemplary and, consequently, that we find ways to translate the Kantian doctrine of the exemplary yet universalist validity of aesthetic judgments into a non-aesthetic vocabulary. (shrink)

G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...) Finally, on this basis, it draws a contrast between constructivist and foundational methods of ethics, such as deontology and teleology. (shrink)

For both John Rawls and Martha Nussbaum, the concept of love plays a significant role in moral psychology. Rawls views the sense of justice as grounded in parental love, and continuous with love of mankind. Nussbaum’s recent defence of patriotism revives the emotio n of love as essential for political contexts. I argue that love ought to play a substantial part in the shaping of global politics, and that a moral psychology of love based merely on a combination (...) of Rawls’s and Nussbaum’s accounts fails to produce an ad equate ground for conceptualizing moral motivation with respect to addressing transnational concerns of justice. I contend that by critically synthesizing Rawls’s and Nussbaum’s conceptions of love and moral psychology with resources from Kant’s ethics, it is possible to develop a more attractive, and potentially politically effective, conception of love of human beings in the framework of political liberalism. (shrink)

Artificial intelligence and robotics is pervasive in daily life and set to expand to new levels potentially replacing human decision-making and action. Self-driving cars, home and healthcare robots, and autonomous weapons are some examples. A distinction appears to be emerging between potentially benevolent civilian uses of the technology (eg unmanned aerial vehicles delivering medicines), and potentially malevolent military uses (eg lethal autonomous weapons killing human com- batants). Machine-mediated human interaction challenges the philosophical basis of human existence and ethical conduct. Aside (...) from technical challenges of ensuring ethical conduct in artificial intelligence and robotics, there are moral questions about the desirability of replacing human functions and the human mind with such technology. How will artificial intelligence and robotics engage in moral reasoning in order to act ethically? Is there a need for a new set of moral rules? What happens to human interaction when it is mediated by technology? Should such technology be used to end human life? Who bears responsibility for wrongdoing or harmful conduct by artificial intelligence and robotics? -/- Whilst Kant may be familiar to international lawyers for setting restraints on the use of force and rules for perpetual peace, his foundational work on ethics provides an inclusive moral philosophy for assessing ethical conduct of individuals and states and, thus, is relevant to discussions on the use and development of artificial intelligence and robotics. His philosophy is inclusive because it incorporates justifications for morals and legitimate responses to immoral conduct, and applies to all human agents irrespective of whether they are wrongdoers, unlawful combatants, or unjust enemies. Humans are at the centre of rational thinking, action, and norm-creation so that the rationale for restraints on methods and means of warfare, for example, is based on preserving human dignity as well as ensuring conditions for perpetual peace among states. Unlike utilitarian arguments which favour use of autonomous weapons on the basis of cost-benefit reasoning or the potential to save lives, Kantian ethics establish non-consequentialist and deontological rules which are good in themselves to follow and not dependent on expediency or achieving a greater public good. -/- Kantian ethics make two distinct contributions to the debate. First, they provide a human-centric ethical framework whereby human exist- ence and capacity are at the centre of a norm-creating moral philosophy guiding our understanding of moral conduct. Second, the ultimate aim of Kantian ethics is practical philosophy that is relevant and applicable to achieving moral conduct. -/- I will seek to address the moral questions outlined above by exploring how core elements of Kantian ethics relate to use of artificial intelli- gence and robotics in the civilian and military spheres. Section 2 sets out and examines core elements of Kantian ethics: the categorical imperative; autonomy of the will; rational beings and rational thinking capacity; and human dignity and humanity as an end in itself. Sections 3-7 consider how these core elements apply to artificial intelligence and robotics with discussion of fully autonomous and human-machine rule-generating approaches; types of moral reasoning; the difference be- tween ‘human will’ and ‘machine will’; and respecting human dignity. (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 (...) class='Hi'>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)

In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but rather the means by which we (...) collectively attempt to secure public criteria for evaluating what can and cannot be tolerated. Human rights are one expression of the fundamental value commitments of Political Liberalism to reasonableness and tolerance. If correct, this account provides good reasons for concluding that Political Liberalism has a normatively adequate conception of global justice. (shrink)

This article discusses the historical background to the concept of normativity which has a wide use in contemporary philosophy. It locates the origin of that concept in the Southwestern Neo-Kantian school, the writings of Windelband, Rickert and Lask. The Southwestern school made the concept of normativity central to epistemology, ethics and the interpretation of German idealism. It was their solution to the threats of psycologism and historicism. However, Windelband, Rickert and Lask found difficulties with the concept which (...) eventually forced them to abandon it. These difficulties might be of interest to contemporary philosophers who find the concept of normativity appealing. (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)

In this book Harris intends to construct an agent-centered conception of morality grounded on a naturalistic understanding of practical reason. In order to achieve this goal, he contrasts his Aristotelian revisionist perspective with the traditional and internalist Kantian proposals, focusing on two specific matters: the opposition between agent-centered and agent-neutral norms, and the newer and very interesting discussion of symmetrical versus asymmetrical regulative norms. The first topic will be especially relevant for the rejection of traditional Kantianism, while the second (...) will be the main argument against Kantian internalism. The author defends the thesis that some nouns have priority in some contexts and not in others against the context-insensibility of Kantian theories. In particular, giving a fair account of them and plenty of detailed argument to refute some of their aspects, he discusses Barbara Herman’s, Marcia Baron’s, Nancy Sherman’s, David Cummiskey’s, Christine Kosgaard’s, and John Rawls’s proposals. (shrink)

Are the houyhnhnms, the rational horses Gulliver meets in the fourth chapter of Jonathan Swift’s Gulliver’s Travels (1726), meant as role models for man? I think there are reasons to doubt this view. To illustrate this claim, I’ll compare Swift’s portrayal of the houyhnhnms with Immanuel Kant’s Groundwork to the Metaphysics of Morals (1785). There, Kant explicates that man is no ‘purely rational being’ but a ‘sensual rational being’. We’ll see that this characterization has tremendous consequences for the justification of (...) Kant’s moral principle. Similarly, Swift designates man as an animal rationis capax, i.e. an animal which is only capable of reasoning, but not wholly governed by it. Violations of moral norms are hence very likely to occur. Concluding, I shall argue that the houyhnhnms are no role-models because their morality runs counter to human nature. Instead, they serve to show that man adheres to an illusion. (shrink)

Scholarship on German Idealism typically couches the systems of Idealism in terms of a rejection of or departure from Kant's critical philosophy. The few accounts that do look to the positive influence of Kant on the Idealists typically focus on the perceived need among the Idealists to revise Kant's system due to various shortcomings arising from his dualism. This volume seeks to reverse this norm. It does this by bringing together an original set of critical reflections on the ways in (...) which the German Idealists maintain specific and fundamental Kantian qualities in their own systems. At the same time, the aim of this volume is not a reduction of German Idealism to Kant's thought. Instead, this volume highlights a set of core ways in which the German Idealists retain specific, fundamentally Kantian principles and qualities. To that extent, this volume paves the way for new interpretations by laying the ground for identifying those significant components of German Idealism that can defensibly be called "Kantian.". (shrink)

This essay argues that Rawls’s recent constructivist approach waivers between a relativist defense and a more Kantian account which grounds his conception of justice in the idea of an agreement between free and equal moral persons. It is suggested that this ambiguity lies at the center of his attempt to provide a “political not metaphysical” account which is also not “political in the wrong way”.

Thomas Pogge has been challenging liberal thinking on global politics, often through critical engagement with John Rawls’ work. Pogge presents both normative and empirical arguments against Rawls: normatively, Rawls’ domestic Theory of Justice and global Law of Peoples are incompatible ideal theories; empirically, LP is too removed from the actual world to guide the foreign policy of liberal societies. My main purpose here is to contest the first, ideal theory criticism in order to direct more attention to (...) the second, non-ideal objection. I argue against Pogge that TJ and LP can be read as coherent, once one employs a Rousseauian rather than Pogge’s economic Kantian reading of TJ. The first two sections present Pogge’s view of TJ and contrast it with a Rousseauian alternative that is less cosmopolitan and economic and much more focused on the democratic and sovereign context of justice as fairness. The third section seeks to refute Pogge’s incoherence arguments, which encompass the identity of the parties to the international original position, their motivations and their decisions. Instead of a conclusion, the last section emphasizes LP’s non-ideal problems, and suggests that insofar as LP is the most robust liberal ideal theory of global politics, its empirical failure indicates the need to shift global justice theorizing even more to the non-ideal realm.Keywords: Rawls; Pogge; global justice; ideal theory; non-ideal theory; cosmopolitanism; statism; Rousseau; Kant; democracy. (shrink)

Discursive theories of justice have been questioned for putting forward high-level principles that should nevertheless play a role in practical discourses in which the justice of a claim is at stake. Here, I will critically examine and systematize the main tenets in Rawls’s and Habermas’s discursive theories, and will suggest that the principles of justice (Rawls) and universalization (Habermas) can and play the role of mandates of optimalization in real deliberations on justice.

The dramatic events of the crisis have reignited debates on the independence of central banks and the scope of their mandates. In this article, I contribute to the normative understanding of these developments by discussing John Rawls’s position in debates of the 1950s and 1960s on the independence of the US Federal Reserve. Rawls’s account of the central bank in his property-owning democracy, Democratic Central Banking, assigns authority over monetary policy directly to the government and prioritizes low unemployment (...) over price stability. I contrast DCB with Central Bank Independence, which requires that the central bank is independent of the government and pursues low inflation. I evaluate DCB by asking whether justice as fairness requires democratic control of the central bank and argue that it does not. Instead, so I argue, the choice between DCB and CBI should be justified in terms of the difference principle. By reflecting on central banking in a property-owning democracy, I cast new light on the Rawlsian realistic utopia of a just capitalist society, while also investigating democratic objections to today’s independent central banks. (shrink)

Aesthetic normativity continues to be of interest in contemporary aesthetics, and significant contributions to the topic can be found in neo-Kantianism. This article examines the account of aesthetic normativity presented by Jonas Cohn (1869–1947), a member of the Southwestern school of neo-Kantianism and author of a 1901 book on aesthetics. Cohn's Kantian-Hegelian theory of aesthetic normativity deserves more examination than it has so far received. Even if one does not accept all of its main arguments, Cohn's (...) theory offers an interesting alternative to the third Critique's account of the universal validity of aesthetic judgments, and it reveals how Kant's aesthetic theory was appropriated at the turn of the century. Since a number of objections can be raised against Cohn's account, however, at the end of the paper I raise several of them. (shrink)

The introduction summarizes the main arguments formulated in the six papers of this special issue on Constitutivism and Kantian Constructivism in Ethical Theory. We highlight the unifying theme addressed in the essays, i.e., the question of whether constitutivism is able to fulfill the promise of providing an account of normativity starting from relatively slender assumptions, including the avoidance of realist presuppositions.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Previous edition, 1st, published in 1971.

This article notes six advances in recent analytic Kant research: (1) Strawson's interpretation, which, together with work by Bennett, Sellars, and others, brought renewed attention to Kant through its account of space, time, objects, and the Transcendental Deduction and its sharp criticisms of Kant on causality and idealism; (2) the subsequent investigations of Kantian topics ranging from cognitive science and philosophy of science to mathematics; (3) the detailed work, by a number of scholars, on the Transcendental Deduction; (4) the (...) clearer understanding of transcendental idealism sparked by reactions to Allison's epistemic account; (5) the resulting need—prompted also by new studies of the thing in itself—to face up to the old question of the philosophical defensibility of such idealism; and (6) the active engagement with Kant's ethics and political philosophy that derives from Rawls's and others' work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aesthetics and Humean Aesthetic Norms in the Novels of Jane AustenEva M. Dadlez (bio)IntroductionThe eighteenth century, Paul Oskar Kristeller tells us, in addition to crystallizing what we now call the fine arts, is also marked by an increased lay interest both in the arts and in criticism.1 Amateurs as well as philosophers ventured critical commentary on the arts. Talk concerning taste or beauty or the sublime was so much (...) a part of general discourse that even novelists of that era incorporated such subjects in their work. Henry Fielding "was able to construct a novel on the true and false sublime in art," according to Samuel Monk, "and to draw an analogy between the sublime in art and the sublime in character."2 So we shouldn't find it surprising that perspectives on aesthetics are sometimes presented in the novels of Jane Austen.3 This subject matter ranges from descriptions of skill in the execution and sensitivity in the appreciation of particular arts to general observations about beauty and taste and what is requisite for the apprehension of the former and the possession of the latter.Consider the following catalog of arts and beauties. Mansfield Park, Sense and Sensibility, and Northanger Abbey contain many references to the beauties of nature, both cultivated and wild. Taste in music is a topic in Persuasion, Mansfield Park, Pride and Prejudice, and Lady Susan. A taste for poetry and literature is the lot of the heroines of Persuasion, Northanger Abbey, Mansfield Park, and Sense and Sensibility. Taste and talent for drawing is exhibited by characters in Sense and Sensibility, Emma, and Northanger Abbey. Both Sense and Sensibility and Mansfield Park contain discussions of the merits of effective reading, that is, reading well aloud. Mansfield Park even comments on [End Page 46] acting ability, albeit rather disapprovingly. More general reflections on taste and beauty, as well as their connection to morality, are equally typical.It is possible to venture several different arguments about the philosophical perspective into which such observations best fit. Kantian analyses have already been ventured in the literature. Anne Crippen Ruderman calls our attention to the Kantian flavor of the connection Austen draws between a sensitivity to natural beauty and one's moral disposition, for instance, and David Kaufman compares Austen to Kant, though primarily in regard to ethics.4 Nonetheless, in this article I will argue that the strongest correlations and correspondences are in fact between Austen's and Hume's positions on aesthetics. Evidence in support of a Kantian analysis will first be canvassed and later compared with claims in favor of a Humean alternative.I will establish that the positions on taste and beauty and delicacy that are explicitly stated in or can be inferred from Austen's novels fit a Humean model—and fit it with a fair degree of precision. In doing so, I hope to demonstrate a correspondence strong enough to serve as the staging area for the further speculations that constitute the second thesis of this article. A great deal has already been said by philosophers about the capacity of literature to elicit moral reactions from the reader. Fictions can present ethical endorsements and invite us to adopt ethical perspectives by making it true in the world of the work that some course of action is right or some character is laudable. They can do this not by telling us that an act is right or a person meritorious but by showing us the rightness of the action and the commendability of the individual—by asking us to imagine traits that call forth our own approval and commendation. I will contend that aesthetic norms can be treated in much the same way as moral norms. That is, I will claim that the fiction of Jane Austen, in addition to evidencing the conscription of a Humean aesthetic, so engages and educates us that we are led imaginatively to adopt certain aesthetic perspectives in the course of its contemplation: not just by being told what is aesthetically pleasing or commendable, but by being made to feel pleasure and to experience commendation; not just by being told what constitutes discriminating taste, but by being led... (shrink)

This paper compares and contrasts the epistemologies of Rawls and Dworkin, both usually presented as either Kantian or pragmatist. It considers in particular the main pragmatist theses underlying their work, namely anti-metaphysics, anti-skepticism, fallibilism and objectivity as conditioned by practice, as well as their account of truth. It then examines an approach which takes Rawls’ epistemology as “anti-foundationalist” and argues that, to the extent that this qualification is connected to deliberative democracy, it should not be accepted without (...) reservation as an adequate account of the views of either philosopher. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

This paper discusses what type of sociological context is appropriate for Rawls’ ‘property-owning democracy’. Following certain suggestions offered by Rawls and in the work of Joshua Cohen, it explores, in particular, the kind of fraternity and social interaction suitable for citizens in Rawlsian society and the role of the state in engineering these bonds. Utilising a normative framework based on Rawls’ discussion of a property-owning democracy and various data sets, the paper argues that bonds of social trust, (...) active participation in trade unions and enrolment in public schools, and the use of state policy to organise a mixture of public, cooperative, and private economic institutions would be suitable for a Rawlsian society to adopt because it appears that these structures are favourably connected to the ends of Rawlsian justice. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section (...) 40 of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

In section 1 we present moral constructivism as a metaphysical project which grounds moral norms in the attitude of valuing by rational agents. In section 2 we establish that Kantian Constructivism – opposed to Humean Constructivism – seeks objective and universal moral norms through a process of rational construction and ratification of norms that does not draw on any kind of subjective attitude of valuing. In section 3 we explore whether Kant is a moral constructivist or moral realist, arguing (...) that he might be read as a proto-moral constructivist whose formulas impose standards of correctness upon our moral judgments, from which we formulate moral norms as necessary facts of reason. In section 4 we argue that: 1) vulnerabilities have moral relevance which adds merit to the project of finding objective moral norms, and 2) the inclusion of vulnerabilities as empirical contingencies is compatible with Kantian Constructivism. We do so by considering vulnerabilities a constitutive aspect of finite rational agents which must, therefore, be implied and considered in the process of moral construction. (shrink)