Kantian Ethics, Misc

One of the explanations frequently offered for current social problems is the breakdown of the family as an institution and the decline of values such as trust and responsibility that were until recently associated with it. While the philosophical position of many commentators in this area is rooted in a broadly utilitarian social philosophy, there is a case for an alternative?i.e. non-utilitarian?philosophical point of view. The essential requirement for such an alternative approach is that it accords a place to certain (...) moral absolutes: promises, principles, obligations, and the rights accruing to others as a result of those obligations. Currently procreation, marriage, and family life are being subjected to unprecedented shifts in both meaning and practice, and this is a situation in which a Kantian approach, especially the Kantian dictum that persons should not be treated solely as means to other people's ends, can find new contemporary applications. An unqualified utilitarian spirit has led us into a world where parenthood and child-raising have been split from each other and where money changes hands for the elements of child-making and for the labour of gestation. The pressure for the new constructivist consensus is strong, but so is the case against a trivial or unnecessary extension of choice in procreation and against the increasing commercialisation of human conception. In these circumstances, Kantian ethics has a distinctive role to play in assessing the values at issue in today's ?new families? debate. (shrink)

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)

Buscando inspiración en el equilibrio kantiano entre dignidad y felicidad, el autor apunta hacia la polaridad entre los ideales de solidaridad y los de bienestar en el consumo, que podrían ser manifestaciones contemporánea de una vieja tensión que se origina ya con estoicos y epicúreos. El utópico reino de los fines en sí, de Kant, sería un intento de plasmar el equilibrio entre felicidad y dignidad tanto propias como ajenas. Con todo, es necesario ir más allá de Kant, con las (...) correcciones que hace la ética discursiva, y la apertura ética a la alteridad que permita escuchar al otro en la búsqueda común de felicidad y dignidad. (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)

The past three decades have witnessed the emergence, at the forefront of political thought, of several Kantian theories. Both the critical reaction to consequentialism inspired by Rawlsian constructivism and the universalism of more recent theories informed by Habermasian discourse ethics trace their main sources of inspiration back to Kant's writings. Yet much of what is Kantian in contemporary theory is formulated with more or less strict caveats concerning Kant's metaphysics. These range from radical claims that theories of justice must be (...) political, not metaphysical, to more cautious calls for replacing Kant's metaphysics with a more modest ontology, for instance, one informed by the relatively recent linguistic turn in philosophy. The volume will consist of thirteen state-of-the-art essays which explore the relationship between politics and metaphysics in Kant and Kantian political philosophy. All essays will be published for the first time in this volume and will be preceded by an Introduction from the editors. Given the current "legitimation crisis" of modern liberal democracies, the purpose of the collection as a whole is to revisit the question concerning the role of metaphysics in moral and political philosophy and to suggest new perspectives on the question of legitimation. (shrink)

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...) about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

MANY COMMENTATORS HAVE SAID THAT KANT'S DOCTRINE OF THE HIGHEST GOOD - AS EXPRESSED IN THE SECOND CRITIQUE, FOR EXAMPLE - IS SERIOUSLY FLAWED BOTH IN ITSELF AND IN THAT IT CONTRADICTS OTHER IMPORTANT CLAIMS OF KANT'S MORAL PHILOSOPHY. I ADVANCE AN INTERPRETATION OF KANT'S DOCTRINE ON WHICH IT SUFFERS FROM NONE OF THESE ALLEGED FLAWS.

During the past decade ethical theory has been in a lively state of development, and three basic approaches to ethics - Kantian ethics, consequentialism, and virtue ethics - have assumed positions of particular prominence.

This paper presents a critique of a prevailing conception of the relation between moral reasoning and judgment on the one hand, and moral goodness on the other. I argue that moral reasoning is inescapably vulnerable to moral, as opposed to merely theoretical, failure. This, I argue, means that there is something deeply misleading in the way that Kant's moral theory, and some of its main rivals, have invited us to conceive of their subject matter.

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)

It is a personal matter, a point of autobiography, but it illustrates something that beats in the heart of Cillian McBride’s compact and quietly ambitious book, that I cannot myself choose to value, that I cannot myself choose to esteem, racial or homophobic bigotry. Hence bigots cannot justifiably demand that I recognize the alleged value of their bigotry; nor can they demand such recognition from society more generally, esteem being tied in this way to sincere evaluation. Although a failure to (...) obtain social recognition might result in a loss of self-esteem for some bigots, and although this would in a way be bad, this negative result would be, in another way, simply too bad for bigotry. (shrink)

Two perennial doubts can linger in the minds of people working in the history of philosophy. Those who approach philosophical problems in a systematic, analytic spirit may come to think that work in the history of philosophy fails to amount to genuine philosophy; and those who are more historically-minded may come to think that the very same work fails to amount to genuine history. In this rich and rewarding new book, Allen Wood nevertheless succeeds in delivering a defense of Kantian (...) ethics that should satisfy, in terms of its philosophical credentials, any philosopher interested in ethics; and it should also satisfy, in terms of its historical credentials, anyone interested in the ethical thought of Immanuel Kant himself. (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').

NOTE: The English translation is listed separately. 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. (3) Since Kant's presentation of his theory of the Categories of Freedom is extremely brief, Kant's parallel theory of the theoretical categories in his Critique of Pure Reason is used as a guide for the interpretation of the practical categories and their systematic relevance. (shrink)

British Journal for the History of Philosophy, Volume 0, Issue 0, Page 1-4, Ahead of Print.

Care ethicists have long insisted that Kantian moral theory fails to capture the partiality that ought to be present in our personal relationships. In her most recent book, Virginia Held claims that, unlike impartial moral theories, care ethics guides us in how we should act toward friends and family. Because these actions are performed out of care, they have moral value for a care ethicist. The same actions, Held claims, would not have moral worth for a Kantian because of the (...) requirement of impartiality. Although Kantian moral theory is an impartial theory, I argue that the categorical imperative in the Formulation of Humanity as an End and the duty of respect require that we give special treatment to friends and family because of their relationships with us. Therefore, this treatment does have moral value for a Kantian. (shrink)

This work seeks to develop a Kantian ethical theory in terms of a general ontology of values and norms together with a metaphysics of the person that makes sense of this ontology. It takes as its starting point Kant’s assertion that a good will is the only thing that has an unconditioned value and his accompanying view that the highest good consists in virtue and happiness in proportion to virtue. The soundness of Kant’s position on the value of the good (...) will is defended against criticisms directed against it by G. E. Moore and it is argued that there is an ambiguity in Moore’s notion of ‘intrinsic value’ that makes him unable to fully understand and appreciate the Kantian view. It is also argued that the special value of moral goodness has been unduly neglected in modern moral philosophy, even by those working in the Kantian tradition, and it is suggested that the possibility of a Kantian ethical theory centred on the notion of the highest good remains to be explored. In order to lay the ground for such a theory a Kantian approach to reasons for action and the metaphysics of the person is developed and defended, albeit in a way that, in contrast to Kant himself, emphasizes the social dimension inherent in being a person and acting on reasons. It is also argued that there exists what Henry Sidgwick has called a dualism of practical reason, which means that there are two systematic modes, the self-interested and the moral, of approaching action. These two modes correspond to the two components of the highest good as understood by Kant and it is argued that the highest good represents a reasonable way of unifying them. These two parts of the highest good are then considered, each in turn, and Kantian models for understanding them are elaborated and defended against main rivals. On the matter of happiness, it is argued that standard philosophical theories fail to properly account for the way in which a subject’s own opinions about what constitutes her happiness are important in determining where her happiness actually lies. On the matter of morality, Kantianism is contrasted with consequentialism, the other leading theory that understands morality in terms of an ideal of impartiality and it is argued that the Kantian ideal, which can be called ‘impartiality as universalizability’ is superior to the consequentialist one, which can be called ‘impartiality as impersonality’. A version of Kantian ethics that places its emphasis on the Formula of Universal Law is then elaborated and it is argued that it is reasonable to understand maxims, or at least those maxims eligible for the universalizability test, as having to do with the basic general principles according to which we live. This kind of interpretation creates a large room for the exercise of judgment on the part of the agent and it is suggested that the standards according to which such judgment is exercised are largely determined through our actual moral practices and discourses. (shrink)

Given Kant's exceptionless moral prohibition on lying, one might suspect that he is committed to a similar prohibition on withholding diagnostic and prognostic information from patients. I confirm this suspicion by adapting arguments against therapeutic privilege from his arguments against lying. However, I show that all these arguments are importantly flawed and submit that they should be rejected. A more compelling Kantian take on informed consent and therapeutic privilege is achievable, I argue, by focusing on Kant's duty of beneficence, which (...) requires us to aim at furthering others’ ends. But I show that there are some cases in which furthering a patient's ends requires withholding material medical information from her. Although I concede that these cases are probably quite rare, I conclude that the best Kantian thinking agrees with that of therapeutic privilege's advocates. (shrink)

Psychotherapy is an activity which takes many forms and which has many aims. The present paper argues that it can be viewed as a form of moral suasion. Kant's concepts of free will and ethics are described and these are then applied to the processes and outcome of psychotherapy. It is argued that his ideas, by linking rationality, free will and ethics into a single philosophical system, offer a valuable theoretical framework for thinking about aims and ethical issues in psychotherapy.