In On What Matters Derek Parfit advocates the Kantian Contractualist Formula as one of three supreme moral principles. In important cases, this formula entails that it is wrong for an agent to act in a way that would be partially best. In contrast, Parfit’s wide value-based objective view of reasons entails that the agent often have sufficient reasons to perform such acts. It seems then that agents might have sufficient reasons to act wrongly. In this paper (...) I will argue that such reasons are a symptom of a fundamental inconsistency between the Kantian Contractualist Formula and Parfit’s view of reasons. The formula requires that we consider what everyone could rationally will, while a wide value-based objective view requires that we consider only what the agent has sufficient reasons for doing. The same inconsistency is particularly obvious in Parfit’s version of the Consent Principle, which share important features with the Kantian Contractualist Formula. Parfit accepts that moral principles might entail that we sometimes have sufficient reasons to act wrongly. However, to accept that supreme moral principles have such implications is objectionable if you, like Parfit, also hold that principles with such implications should be rejected or revised. I suggest that we could abandon the requirement that we have to consider the reasons of everyone. This would make the Kantian Contractualist Formula consistent with Parfit’s view of reasons, at least in this respect. I also argue that we can keep most implications of the Kantian Contractualist Formula that Parfit finds attractive. (shrink)

This chapter contains sections titled: Kantian Contractualism Exegesis A Counterexample, and a Response Another Counterexample The Refutation of Rule‐Consequentialism Kantian Contractualism Revised (KCR) Discharging the Metaphor Might KCPR Be the Supreme Principle of Morality?

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about (...) the primacy of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning. (shrink)

A critical examination of Parfit’s attempt to reconcile Kantian contractualism with consequentialism, which disputes his contention that the contracting parties would lack decisive reasons to choose principles that ground prohibitions against harming of the sort to which non-consequentialists have been attracted.

According to Parfit, the best version of Kantian ethics takes as its central principle Kantian Contractualism: the thesis that everyone ought to follow the principles whose universal acceptance everyone could rationally will. This paper examines that thesis, identifies a class of annoying counterexamples, and suggests that when Kantian Contractualism is modified in response to these examples, the resulting principle is too complex and ad hoc to serve as the 'supreme principle of morality'.

Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, (...) there is little realistic prospect of Kantian Contractualism converging with Rule Consequentialism unless the same impartial reasons drive rule selection in the two theories. (shrink)

Part I: WHAT IS ETHICS? Plato: Socratic Morality: Crito. Suggestions for Further Reading. Part II: ETHICAL RELATIVISM VERSUS ETHICAL OBJECTIVISM. Herodotus: Custom is King. Thomas Aquinas: Objectivism: Natural Law. Ruth Benedict: A Defense of Ethical Relativism. Louis Pojman: A Critique of Ethical Relativism. Gilbert Harman: Moral Relativism Defended. Alan Gewirth: The Objective Status of Human Rights. Suggestions for Further Reading. Part III: MORALITY, SELF-INTEREST AND FUTURE SELVES. Plato: Why Be Moral? Richard Taylor: On the Socratic Dilemma. David Gauthier: Morality and (...) Advantage. Gregory Kavka: A Reconciliation Project. Derek Parfit: Later Selves and Moral Principles. Bernard Williams: Persons, Character, and Morality. Suggestions for Further Reading. Part IV: VALUE. Jeremy Bentham: Classical Hedonism. Robert Nozick: The Experience Machine. Richard Taylor: Value and the Origin of Right and Wrong. Friedrich Nietzsche: The Transvaluation of Values. Derek Parfit: What Makes Someone’s Life Go Best? Thomas Nagel: Value: The View from Nowhere. Suggestions for Further Reading. Part V: UTILITARIANISM AND CONSEQUENTIALISM. John Stuart Mill: Utilitarianism. J.J.C. Smart: Extreme and Restricted Utilitarianism. Kai Nielsen: Against Moral Conservatism. Bernard Williams: Against Utilitarianism. John Hospers: Rule-Utilitarianism. Robert Nozick: Side Constraints. Peter Singer: Famine, Affluence and Morality. Suggestions for Further Reading. Part VI: KANTIAN AND DEONTOLOGICAL SYSTEMS. Immanuel Kant: Foundation for the Metaphysic of Morals. W. D. Ross: What Makes Right Acts Right? Onora O’Neill: Kantian Formula of the End in Itself and World Hunger. Thomas Nagel: Moral Luck. Philippa Foot: Morality as a System of Hypothetical Imperatives. Judith Jarvis Thomson: Killing, Letting Die, and the Trolley Problem. Suggestions for Further Reading. Part VII: CONTRACTARIAN ETHICAL SYSTEMS. Thomas Hobbes: The Leviathan. David Gauthier: Why Contractarianism? John Rawls: Contractualism: Justice as Fairness. T.M. Scanlon: Contractualism and Utilitarianism. Suggestions for Further Reading. Part VIII: VIRTUE-BASED ETHICAL SYSTEMS. Aristotle: The Ethics of Virtue. Bernard Mayo: Virtue and the Moral Life. William Frankena: A Critique of Virtue-Based Ethics. Walter Schaller: Are Virtues No More than Dispositions to Obey Moral Rules? Alasdair MacIntyre: The Nature of the Virtues. Susan Wolf: Moral Saints. Louis P. Pojman: In Defense of Moral Saints. Suggestions for Further Reading. Part IX: THE FACT/VALUE PROBLEM: METAETHICS IN THE TWENTIETH CENTURY. David Hume: On Reason and the Emotions: The Fact/Value Distinction. G. E. Moore: Non-Naturalism. A. J. Ayer: Emotivism. R. M. Hare: Prescriptivism: The Structure of Ethics and Morals. Geoffrey Warnock: The Object of Morality. Suggestions for Further Reading. Part X: MORAL REALISM AND THE CHALLENGE OF SKEPTICISM. J.L. Mackie: The Subjectivity of Values. Jonathan Harrison: A Critique of Mackie’s Error Theory. Gilbert Harman: Moral Nihilism. Nicholas Sturgeon: Moral Explanations. Bernard Williams: Ethics and the Limits of Philosophy. Bruce Russell: Two Forms of Ethical Skepticism. Michael Smith: A Defense of Moral Realism. Suggestions for Further Reading. Part XI: RELIGION AND ETHICS. Plato: Morality and Religion. Immanuel Kant: God and Immortality as Necessary Postulates of Morality. George Mavrodes: Religious and the Queerness of Morality. Kai Nielson: Ethics Without God. Suggestions for Further Reading. Part XII: CONTEMPORARY CHALLENGES TO CLASSICAL ETHICAL THEORY. Part A. Sociobiology and the Question of Moral Responsibility. Charles Darwin: Ethics and the Descent of Man. E.O.Wilson: Sociobiology and Ethics. Michael Ruse: Evolution and Ethics: The Sociobiological Approach. Elliot Sober: Prospects for an Evolutionary Ethics. J.L. Mackie: The Law of the Jungle, Evolution and Morality. Suggestions for Further Readingon Sociobiology. Part B. The Challenge of Determinism to Moral Responsibility and Desert. Galen Strawson: The Impossibility of Moral Responsibility. Louis Pojman: Free Will, Determinism, and Moral Responsibility:A Response to Galen Strawson. Richard Taylor: A Libertarian Defense of Free Will and Responsibility. Suggestions for Further Reading on Moral Responsibility. Glossary of Ethical Terms. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 108 Heft: 2 Seiten: 218-246.

Despite an impressive philosophical pedigree, contractualism (or contractarianism) has only been properly developed in two ways: by appeal to the idea of an instrumentally rational bargain or contract between self-interested individuals (Hobbesian contractualism) and by appeal to the idea of a substantively reasonable agreement among individuals who regard one another as free and equal persons warranting equal moral respect (Kantian contractualism). Both of these existing models of contractualism are susceptible to apparently devastating objections. In this article, I outline a (...) third, `deliberative' model of contractualism, which is based on the idea of a deliberatively rational agreement and which, I argue, represents a significant improvement on the Hobbesian and Kantian models in certain important respects. Key Words: contractualism • contractarianism • deliberation • deliberative rationality • Scanlon • Gauthier. (shrink)

Immanuel Kant’s categorical imperative can be expressed as the formula of humanity. This states that rational beings ought always to treat humanity, whether in our own persons or in others, as ends in themselves and never as mere means. In this essay, I argue that if God exists, then the Kantian formula of humanity is false. The basic idea behind my argument is that if God exists, then he has knowingly created a world with all kinds of (...) naturally occurring threats, such as disease, flood, drought, etc. and he has knowingly placed human beings in such a world without their consent, knowing that many innocent human beings will be led to suffer, and he allows this suffering to occur. I argue that even if this is somehow for their own good or the good of others or contributes to the goodness of the world as a whole, God treats these innocent human beings as mere means when he places humans in such a world without their consent and allows this suffering to occur. (shrink)

How should contractualists seek to accommodate and respond to the existence of radical pluralism within contemporary liberal states? Ryan Muldoon has recently argued that a) the dominant Kantian liberal model of contractualism is hopelessly ill equipped to do so but that b) there is a particular kind of Hobbesian contractualism that can do much better. I raise some problems concerning the capacity of Muldoonian contractualism to respond appropriately to the problem of radical pluralism. I then propose a very different (...) kind of solution that involves embracing an advice model of contractualism. Keywords: contractualism; contractarianism; pluralism; diversity; disagreement . (shrink)

A critical examination of Parfit's attempt to reconcile Kantian contractualism with consequentialism, which disputes his contention that the contracting parties would lack decisive reasons to choose principles that ground prohibitions against harming of the sort to which non-consequentialists have been attracted. 1.

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to (...) it – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

Kantian respect for persons is based on the special status and dignity of humanity. There are, however, at least three distinct kinds of interpretation of the principle of respect for the dignity of persons: the contractualist conception, the substantive conception and the direct conception. Contractualist theories are the most common and familiar interpretation. The contractualist assumes that some form of consent or agreement is the crucial factor that is required by respect for persons. The substantive conceptions (...) of dignity, on the other hand, treat the concept of dignity as a substantive value that justifies a deontological conception of respect for persons. A third conception of respect for the dignity of persons, the conception that I favor, focuses directly on the special value of our rational nature. According to this consequentialist conception, we respect the dignity of persons by promoting the flourishing of rational nature. (shrink)

A discussion of T M Scanlon's contractualism as a foundational account of the nature of morality. The article discusses how contractualism provides an account of moral truth and objectivity that is based in an idealization of moral reasoning. It then develops contractualism's account of moral motivation to show how it provides a way to understand obscure but central aspects of Kantian views: the claims that moral reasons are of a special kind, and that moral motives have a basis in (...) practical reason. This account is contrasted with human conceptions of moral motivation, which are argued to be incapable of accounting for the stringency of moral reasons and obligations. (shrink)

One of the reasons why Kantian contractualism has been seen as an appealing alternative to utilitarianism is that it seems to be able to avoid utilitarianism's extreme demandingness, while retaining a fully impartial moral point of view. I argue that in the current state of the world, contractualist obligations to help those in need are not significantly less demanding than utilitarian obligations. I also argue that while a plausible version of utilitarianism would be considerably less demanding if the (...) state of the world were different, a central aspect of contractualism means that it would remain exceedingly demanding in any practically realizable state of the world. (shrink)

In this volume Paul Formosa sets out a novel approach to Kantian ethics as an ethics of dignity by focusing on the Formula of Humanity as a normative principle distinct from the Formula of Universal Law. By situating the Kantian conception of dignity within the wider literature on dignity, he develops an important distinction between status dignity, which all rational agents have, and achievement dignity, which all rational agents should aspire to. He then explores constructivist and (...) realist views on the foundation of the dignity of rational agents, before developing a compelling account of who does and does not have status dignity and of what kind of achievement dignity or virtue we, as vulnerable rational agents, can and should strive for. His study will be highly valuable for those interested in Kant's ethical, moral and political philosophies. (shrink)

Kantians are increasingly deserting the universal law formula in favor of the humanity formula. The former, they argue, is open to various decisive objections; the two are not equivalent; and it is only by appealing to the humanity formula that Kant can reliably generate substantive implications from his theory of an acceptable sort. These assessments of the universal law formula, which clash starkly with Kant's own assessment of it, are based on various widely accepted interpretative assumptions. (...) These assumptions, it is argued in this article, depend on misleading translations of key terms; selective attention to Kant's concrete examples; not taking seriously Kant's theoretical claims about the relations among his various ideas; and a failure to take into account Kant's idiosyncratic definitions of key concepts. The article seeks to right these interpretative wrongs, and finds that the universal law formula is not open to many of the standard objections. (shrink)

In On What Matters Derek Parfit argues that we need to make a significant reassessment of the relationship between some central positions in moral philosophy, because, contrary to received opinion, Kantians, contractualists and consequentialists are all 'climbing the same mountain on different sides'. In Parfit's view Kant's own attempt to outline an account of moral obligation fails, but when it is modified in ways entirely congenial to his thinking, a defensible Kantian contractualism can be produced, which survives the objections (...) which are fatal for Kant's own theory. This form of contractualism would then lead rational agents to choose consequentialist moral principles. I argue that Parfit significantly misrepresents Kant's project in moral philosophy, and that no genuinely Kantian moral theory could issue in a form of consequentialism. (shrink)

This article explores Darwall’s second-­‐personal account of morality, which draws on Fichte’s practical philosophy, particularly Fichte’s notions of a summons and principle of right. Darwall maintains that Fichte offers a philosophically more appealing account of relations of right than Kant. Likewise, he thinks that his second-­‐personal interpretation of morality gives rise to contractualism. I reject Darwall’s criticism of Kant’s conception of right. Moreover, I try to show that Darwall’s second-­‐personal conception of morality relies on a Kantian form of contractualism. (...) Instead of accepting Darwall’s claim that contractualism depends upon a second-­‐personal account of morality, I will argue that contractualism provides the foundations not only for second-­‐personal moral relations, but also for first-­‐personal moral authority. (shrink)

Kantian socialists at the turn of the twentieth century, as well as contemporary authors seeking a principle with which to condemn capitalism, have turned to Kant’s Formula of the End in Itself. This article assesses the arguments from FEI against capitalism from the perspective of the issues that arise in interpreting and applying Kant’s formula. There are various strategies with which a Kantian might use FEI to condemn conduct that Kant did not use FEI to condemn. (...) The article asks whether any of the existing arguments from FEI employ plausible versions of these strategies to derive a strict duty from that formula’s Never Merely as a Means principle that condemns capitalism. (shrink)

The formula of universal law (FUL) is a natural starting point for philosophers interested in a Kantian perspective on the morality of abortion. I argue, however, that FUL does not yield much in the way of promising or substantive conclusions regarding the morality of abortion. I first reveal how two philosophers' (Hare's and Gensler's) attempts to use Kantian considerations of universality and prescriptivity fail to provide analyses of abortion that are either compelling or true to Kant=s understanding (...) of FUL. I then turn to some recent interpretations of Kant=s FUL contradiction in conception (CC) and contradiction in will (CW) tests. I argue that none of the interpretations of the CC testBincluding the practical interpretation favored by KorsgaardBdoes much to reveal moral problems with maxims of abortion. The CW test (as developed by Herman) is more helpful. Nevertheless, I argue that neither by considering abortion maxims as a subset of maxims of convenience killing, nor by considering such maxims as maxims of refusing to aid, can the CW test generate a general prohibition of abortion. At best, the CW test illuminates the abortion issue because by forcing us to think about how killing a fetus differs from killing other human beings, what attitudes we may reasonably have toward a fetus, and whether Kant's moral theory must be amended to do justice to the problem of abortion. But to pursue these questions, we must look beyond FUL; Kant’s formula of humanity and doctrine of virtue may well have more to offer. (shrink)

This chapter proposes a solution to the Trolley Problem in terms of the Kantian prohibition on using a person ‘merely as a means.’ A solution of this type seems impossible due to the difficulties it is widely thought to encounter in the scenario known as the Loop case. The chapter offers a conception of ‘using merely as a means’ that explains the morally relevant difference between the classic Bystander and Footbridge cases. It then shows, contrary to the standard view, (...) that a bystander who diverts the trolley in the Loop case need not be using someone ‘merely as a means’ in doing so. This makes it possible to show why the Loop scenario does not undermine the explanation of the salient moral difference between the Bystander and Footbridge cases. (shrink)

In this paper, I appeal to two aspects of Immanuel Kant’s philosophy – his metaphysics and ethics – in defense of abortion rights. Many Kantian pro-life philosophers argue that Kant’s second principle formulation of the categorical imperative, which proscribes treating persons as mere means, applies to human embryos and fetuses. Kant is clear, however, that he means his imperatives to apply to persons, individuals of a rational nature. It is important to determine, therefore, whether there is anything in Kant’s (...) philosophy that permits regarding embryos and fetuses as persons, since they lack the capacity for sentience (at least until mid-gestation), let alone rational thought. In the first part of the paper, I will illustrate why there are difficulties maintaining, from a Kantian perspective, that conception marks the genesis of a new person. Even granting that embryos and fetuses are persons, however, this alone would not entail the moral impermissibility of abortion rights, mainly because prohibiting abortion, and compelling women to gestate, violates the formula of humanity against them. Developing this thesis encompasses the second part of my essay. Finally, although I argue that Kant’s philosophy lends strong support to abortion rights, this does not thereby entail that it allows for the complete dehumanization of the human fetus. By appealing to the writings of Kantian scholar Allen Wood, I will argue that a fetus’ status as a potential person does render it worthy of some degree of respect and moral value. (shrink)

Distinguishes basic and more extreme ideas underlying three related Kantian themes: that fundamental questions of moral philosophy require an a priori method, that moral duties are conceived as categorical imperatives, and that moral agents have autonomy of the will. Arguably, an a priori method is needed for analysis and assessment of rationality claims, and we can act on moral reasons implicit in the humanity formula without a sense of constraint or an objectionably impartial attitude. The idea of a (...) noumenal world is not a premise of Kantian ethics, but a conclusion to which Kant thought his ethics inevitably led. (shrink)

This is a survey article in which I explore some important recent work on the topic in question, Kant’s formula of the end in itself (or “formula of humanity”). I first provide an overview of the formulation, including what the formula seems roughly to be saying, and what Kant’s main argument for it seems to be. I then call the reader’s attention to a variety of questions one might have about the import of and argument for this (...) formula, alluding to some of the works in which philosophers have recently raised or tried to answer these questions. Then, for the bulk of the paper, I focus my discussion on two issues of contention: the identity of the “end in itself” that the formula refers to, and the relation between the value of the end in itself and the value of other ends. I do not attempt to argue for a particular position of my own regarding these issues. Instead, I explain a number of the more interesting or influential recent attempts to answer these questions, compare these approaches in various ways, draw implications from them, and raise concerns about some of them. I also suggest that an important link connects the question about the identity of the end in itself and the question about the relation between the value of the end in itself in relation to the value of other ends: How one answers these questions commits one to a position on the thorny issue of whether, how, and how fully, autonomy is manifested through empirical (not simply pure) practical reason. (shrink)

In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.

I articulate and defend the most central claims of contemporary Kantian moral theory. I also explain some of the most important internal disagreements in the field, contrasting two approaches to Kantian ethics: Kantian Constructivism and Kantian Realism. I connect the former to Kant’s Formula of Universal Law and the latter to his Formula of Humanity. I end by discussing applications of the Formula of Humanity in normative ethics.

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...) something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are, how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features. (shrink)

In the contemporary philosophical debate, there are two opposing contractualist views. On the one side, Hobbesian contractualisms take moral principles as side-constraints to redress the failures of the interaction among self-interested individuals. On the other, Kantian versions of the social contract ground morality on an impartial and moralized viewpoint. In his recent Contractualism and the Foundations of Morality, Nicholas Southwood proposes a third and novel form of contractualism, with the aim to overcome the “implausibly personal and partial characterization (...) of the moral point of view” of Hobbesian positions, as well as the “excessively substantive conception of practical reason” of Kantian theories .On Southwood’s view, perfectly rational individuals—who see themselves as “simultaneously co-legislator and co-subject among individuals with whom one shares an authority as a fellow deliberative agent” —agree upon a “common code” to live by, which is “a relatively compreh .. (shrink)

Many Kantian scholars have debated what normative guidance the formula of the law of nature provides. There are three ways of understanding the role of FLN in Kant’s ethics. The first line of interpretation claims that FLN and FLU are logically equivalent. The second line claims that there are only subjective differences, meaning that FLN is easier to apply than the abstrct method of FUL. The third line of interpretation claims that there are objective differences between FLN and (...) FUL in the sense that each formula has an irreducible role in Kant’s ethics. In this article I will show that the first and second lines of interpretation cannot fully explain Kant’s account of FLN and I will propose a new interpretation which pertains to the third type. I will explore the schematism model to understand the role of FLN and argue that it is an intermediary principle that fills in a practical gap between the moral law and action. In the end, I will consider a possible objection against this understanding which claims that the schematism model is not applicable to practical judgment since nothing is given in experience. (shrink)

The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend (...) that a regard for publicity and a moral conception’s potential to provide a public basis for justification and agreement account for much of the evolution of Rawls’s account of justice after A Theory of Justice . I also discuss whether contractualism can provide a basis for justification and general agreement under the social conditions that it endorses. I contend that it cannot, and conclude with a discussion showing why this should not be a problem for contractualism. Despite appearances, contractualism is a distinctive form of contractarianism, substantially different from Rawls’s position and the social contract tradition out of which it evolved. Key Words: contractarianism • contractualism • John Rawls • public justification • T.M. Scanlon • justice. (shrink)

One of the most important difficulties facing Kant’s Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate a ‘contradiction in conception’, producing only a (...) ‘contradiction in the will’ when subjected to the two-fold test associated with the FUL. This result is thought to imply that the FUL allows us sometimes to kill for the sake of convenience. In this essay, I argue that the very diagnosis of the problem rests on a mistake, and that if the maxim of convenience killing generates a contradiction in the will, then acting on it is never permissible. (shrink)

Opponents of commerce in organs sometimes appeal to Kant’s Formula of Humanity to justify their position. Kant implies that anyone who sells an integral part of his body violates this principle and thereby acts wrongly. Although appeals to Kant’s Formula are apt, they are less helpful than they might be because they invoke the necessity of respecting the dignity of ends in themselves without specifying in detail what dignity is or what it means to respect it, and they (...) cite the wrongness of an agent’s treating another merely as a means without clarifying conditions under which this occurs. This paper crystallizes two different approaches to the Formula of Humanity and probes when, according to them, the principle would imply that it is wrong to engage in “live donor” transactions, in which someone chooses to undergo a kidney extraction in exchange for money. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kantian Ethics and Economics: Autonomy, Dignity, and CharacterIvan A. BoldyrevMark D. White. Kantian Ethics and Economics: Autonomy, Dignity, and Character. Stanford, CA: Stanford University Press, 2011. Pp. xi + 270. Cloth, $55.00.This remarkable book provides a new ethical perspective for economics based on Kantian ethics of autonomy and dignity. There are two main messages in it that I find particularly important. First, Mark White derives (...) from Kant the idea of irreducible moral principles that govern the behavior of economic agents independently of welfarist and, more generally, consequentialist concerns. These principles of duty and the “incomparable worth” (21) of human dignity, as well as justice or rights, may not be economically traded off against some other motivations; hence, they simply evade economic reasoning altogether.Second, White endorses a version of libertarian Kantianism that treats people as individuals in essence (“autonomous”) and social in orientation (respecting the rights and the choices of the others). In discussing individualism, White attacks the conventional wisdom of economics and claims that preferences alone do not account for the identity of individuals [End Page 298] in space and time, although their unique characters do. Persons should be given free choice (absent in deterministic rational-choice models) and hence responsibility for their choices that incorporates the social factors in decision-making. However, White never mentions the almost insurmountable difficulties associated with fleshing out the truly individual features of a given person. Although he allows for a person’s identity and character changing over time, he does not recognize that character itself is in many respects a social construction.White criticizes paternalistic economic policies that suggest manipulating choice environments in order to follow the “true” preferences of the individuals. Instead, real consent, as satisfying both relevant preferences and principles (e.g. rights and human dignity), is, in his view, the sole criterion for justifying particular policy measures—not Pareto-efficiency or Kaldor-Hicks compensation. Economists’ obsession with efficiency leading to the misconceived notions such as “efficient level of crime” or “manageable level of terrorism” is also severely criticized.For White, the most popular formalistic version of the categorical imperative is less important than the other two—prohibiting treating other people simply as means and instituting the “Kingdom of Ends.” Formalism is reserved merely for the negative evaluation of actions and providing strict perfect duties that give clear guidance concerning what should not be done. White’s “Kantian-economic” model of decision-making incorporates perfect duties as constraints, and imperfect (positive) duties as preferences. He also stresses that for Kant, duties derived from the imperative depend on empirical knowledge, the context of decision-making, and judgment as a unique personal interpretation of the moral law. He further emphasizes the intersubjective role of Kantian morality: moral law should be universalizable to all rational persons (the “Kingdom of Ends” formula of the imperative), whereas rationality means not just following the patterns of behavior developed in the preference-oriented choice model, but rather acting on one’s beliefs and desires or choosing not to follow them, thus exhibiting genuine autonomy.The new and important contribution to the discussion is an explicit treatment of will as an inner faculty that, together with judgment, constitutes a person’s character or “self,” and helps to overcome the mere inclination to follow duty. Will is the missing link between decision and action and should be “well-trained” for bringing about true morality.The book is clearly written, and the author has upheld the interdisciplinary appeal of the topic, demonstrating an outstanding knowledge of the vast literature on ethics (both Kantian and not) and economics. White’s emphasis on the irreducibility of moral principles is absolutely relevant for current economic and political debates. However, some reservations are in order.There is an ambiguity concerning the status of his analysis. If in its positive aspect White’s recommendations for economists is to accept the Kantian vision of morality, then almost no arguments are given for this, and his modifications of the standard choice model are introduced in an ad hoc manner, just to reconcile it with the Kantian framework. Are an individual’s decisions to act on principles and to overcome mere inclinations really... (shrink)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld (...) and Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or to adopt maxims) cannot. The (...) paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (shrink)

According to the standard reading of Kant's formula of universal law (FUL), positive duties can be derived from FUL. In this article, I argue that the standard reading does not work. In the first section, I articulate FUL and what I mean by a positive duty. In the second section, I set out an intuitive version of the standard reading of FUL and argue that it does not work. In the third section, I set out a more rigorous version (...) of the standard reading of FUL and argue that even this more rigorous version does not work. (shrink)

This paper examines the issue of abortion from a Kantian perspective. More specifically, it focuses on Kant’s Formula of Humanity of the Categorical Imperative and the prohibition against treating humanity merely as a means. It has been argued by feminists that forcing a woman to continue a pregnancy against her will is treating her as a mere means for sustaining the fetus, a mere “fetal incubator”. Accordingly, feminists believe, this constitutes an assault on her humanity, the capacity for (...) rationally setting and pursuing her own ends. On the other hand, the woman who aborts her fetus can be seen as treating a being which has the potential for humanity merely as a means for her own ends. The Kantian discussion of abortion gives rise to a number of important questions: Does respecting the pregnant woman’s humanity, and hence enabling her to have an abortion if she chooses that way, go against appropriately respecting the fetus? What does it really mean to respect a fetus’ potential for humanity? Attempting to answer these questions helps us to see the Kantian prohibition against treating humanity merely as a means from a different, less familiar perspective, and puts out some new challenges to Kant’s theory. At the same time, it gives us new and useful insights on the much-discussed issue of the fetus’ status in the abortion debate. (shrink)

Is the Kantian basis of valuing in humanity sufficient or sound enough to account for all valuing? At least two other such bases have been proposed across the ages, that of the sentiments and the valuing of life itself. This article focuses on the Kantian view, the first of these three possible bases of valuing. The concern is: by which criteria can we assess whether a given theory of or approach to basing a value is in fact usable (...) and optimal, that is can in fact explain why a value can be assuredly based on a theory of value. That is, can a possible theory of value indeed explain all other values? That is, it seems a “meta” analysis of the situation is due. The article looks to five perspectives on the Kantian concept of humanity to determine if that humanity, as a theory of all valuing’s bases, is at least supportable / sustainable, if not yet sufficiently fleshed out. The article concludes that these five perspective may each and severally leave some cogent doubt of humanity as the basis of all other value, while leaving unsettled the possibility the perspective is flawed or is not thorough enough for due criticism of humanity as basis. (shrink)

No presente trabalho são expostas e examinadas as críticas eudemonistas de Gottlob August Tittel (1739-1816) à Fundamentação da metafísica dos costumes, a partir da alusão indirecta de Kant a elas no Prefácio à Crítica da razão prática. Por outro lado, são também fornecidas em apêndice as informações, constantes na correspondência de Hamann, de que Kant com aquela primeira obra de filosofia moral preparava uma crítica ao eudemonismo similar de Garve, expresso em seus comentários ao De officiis de Cícero. O artigo (...) fornece assim o contexto polémico de surgimento dessas obras práticas, no qual Kant não se deixou envolver directamente, mas só teórica e argumentativamente. /// The present article aims at an exposition and an examination of the eudemonistic criticisms of Gottlieb August Tittel (1739-1816) to Kant's Grundlegung der Metaphysik der Sitten. This goal shall be achieved through an indirect reference to those criticisms as they appear in the Preface to the Kritik der praktischen Vernunft On the other hand, however, the article also gives information related to the fact that, as it appears in Kant's correspondence with Hamann, in publishing his first work in the realm of moral philosophy Kant was also preparing a critical review of Garve's similar eudemonism, as it is expressed in his commentaries to Cicero's De officiis. The article offers thus the polemic context for the emergence of those Kantian works in the realm of practical philosophy, being demonstrated that Kant did not allow himself to be involved directly in them, but only in a theoretic and argumentative way. (shrink)

The paper argues that Toni Rønnow-Rasmussen’s fitting-attitude analysis of ‘good’ and ‘good for’ allows us to interpret and justify Kant’s Formula of Humanity (FH) in a constructive way. His classification of ‘good’ as a non-relational intrinsic final value and ‘good for’ as a relational extrinsic final value sheds light on two main features of FH, namely that it requires us to display a specific attitude to human beings, while also obligating us to recognize this value in the relational dimension. (...) Based on a reflection of what attitudes toward persons are fitting, we might well come to endorse that persons are “ends in themselves” and merit respect and recognition. I then argue (by way of an ethical reading of Kant’s demand to leave the state of nature and move to a rightful civil condition) that we have, in addition to a fitting attitude, deontic normative reasons (not mere pro tanto reasons) for making this very attitude toward persons the principal standard for our relations to others and to ourselves. (shrink)

In his Groundwork of the Metaphysics of Morals, Kant’s desiderata for a supreme principle of practical reasoning and morality require that the subjective conditions under which some action is thought of as justified via some maxim be sufficient for judging the same action as justified by any agent in those conditions. This describes the kind of universalization conditions now known as moral supervenience. But when he specifies his “formula of universal law” (FUL) Kant replaces this condition with a quite (...) different kind of universality: the judgment that some agent could rationally (i.e., without willing the frustration of his own valued ends) will his adoption of some maxim under the condition that this would cause all agents in his world to adopt it as well. Our wills typically lack this efficacy, so requiring that our wills conform to what would be rational for a hypothetical agent in this situation to will is a heteronomous requirement. Several intuitively wrong maxims pass Kant’s test but fail the test of supervenience, because they generate no contradiction in a world of universal compliance but do so in non-ideal worlds, demonstrating the inadequacy of the FUL and the logical superiority of moral supervenience. -/- NOTE: in the published version of this article's title, "became" is mistakenly, and ungrammatically, replaced with "become.". (shrink)

One argument used by detractors of human embryonic stem cell research (hESCR) invokes Kant's formula of humanity, which proscribes treating persons solely as a means to an end, rather than as ends in themselves. According to Fuat S. Oduncu, for example, adhering to this imperative entails that human embryos should not be disaggregated to obtain pluripotent stem cells for hESCR. Given that human embryos are Kantian persons from the time of their conception, killing them to obtain their cells (...) for research fails to treat them as ends in themselves. (shrink)

Two fundamental assumptions of Kant’s procedure for testing a maxim’s morality via the Formula of Universal Law are that a contradiction in will is 1) generated by the universal practice of immoral maxims, and 2) constituted by the impossibility of an agent’s therein satisfying certain ends. These features are the source of two types of false positive counter-examples, involving maxims where 1) the harmful effects of the maxims are non-linear and hence vanish when universalized, and 2) even the universal (...) practice of a harmful maxim makes it less likely that certain ends can be satisfied, but not impossible. The test can be fixed by replacing these two features with the criteria of moral supervenience and requiring that agents will end-satisfaction probability maximization respectively. (shrink)

In his Groundwork of the Metaphysics of Morals, Kant’s desiderata for a supreme principle of practical reasoning and morality require that the subjective conditions under which some action is thought of as justified via some maxim be sufficient for judging the same action as justified by any agent in those conditions. This describes the kind of universalization conditions now known as moral supervenience. But when he specifies his “formula of universal law” (FUL) Kant replaces this condition with a quite (...) different kind of universality: the judgment that some agent could rationally (i.e., without willing the frustration of his own valued ends) will his adoption of some maxim under the condition that this would cause all agents in his world to adopt it as well. Our wills typically lack this efficacy, so requiring that our wills conform to what would be rational for a hypothetical agent in this situation to will is a heteronomous requirement. Several intuitively wrong maxims pass Kant’s test but fail the test of supervenience, because they generate no contradiction in a world of universal compliance but do so in non-ideal worlds, demonstrating the inadequacy of the FUL and the logical superiority of moral supervenience. -/- Note that in the published version the title of this article incorrectly had the word "become" instead "became.". (shrink)

What place, if any, does love have in Kantian ethics? This chapter is divided into three parts. First, I discuss Kant’s own account of moral versus non-moral love as found throughout his various writings and show how this closely parallels his account of moral versus non-moral friendship. Second, I discuss contemporary Kantian accounts of both friendship and love, highlighting how they go beyond, and in some ways seem to significantly improve upon, Kant’s own views via their appeal to (...) Kant’s Formula of Humanity. Lastly, I discuss the overall merits of what I call ‘Kantian moral love’. I argue that while Kantian moral love might rightly identify, from the moral point of view, how we ought to act and think when loving other people, it fails to provide a complete account of love, crucially leaving out certain key elements from the wide range of loving relationships we find ourselves in, especially romantic love. That is, while Kantian moral love might successfully identify a morally ideal way to love other people, it falls short of capturing the full essence of love—mainly because love is not simply a moral affair but also a matter of the heart. (shrink)

Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and her (...) response to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)