This chapter contains sections titled: Empty Formalism in the Philosophy of Right Kantian Reply Strategies Acknowledgments Notes Abbreviations References.

This chapter contains sections titled: 1 2 3 4 5.

Like two heavyweight boxers exchanging punches, but neither landing the knock-out blow, Kantians and Hegelians seem to be in a stand-off on what in contemporary parlance is known as the Empty Formalism Objection. Kant's ethics is charged with being merely formal and thereby failing to provide the kind of specific guidance that any defensible ethical system should have the resources to provide. Hegel is often credited with having formulated this objection in its most incisive way, and a wealth (...) of Kantian responses has been deployed to answer it. In this paper, I take up the objection as it appears in §135R ofElements of the Philosophy of Rightin order to scrutinise the contemporary debate between the two camps. I propose that there are, in fact, three different, albeit connected objections and examine the best Kantian replies to them. I will not adjudicate which of these replies is the most accurate interpretation of Kant's texts, nor trace the particular historical context in which Hegel takes up Kant's ethics, nor the way the Empty Formalism Objection fits into Hegel's wider system. This is partly because of constraints of space, and partly because many of the contemporary Kantian replies — for better or for worse — treat the Empty Formalism Objection as a self-standing philosophical problem, irrespective of its historical context or systematic place in Hegel's theory. My limited aim here is to show that, even if one grants — for argument's sake — the legitimacy of such a non-contextual approach, significant difficulties remain. (shrink)

In Moral Literacy, Barbara Herman informs us that she will defend an ‘enlarged version of Kantian moral theory’ . Her ‘enlarged version’, she says, will provide a much-needed alternative to the common but misguided characterization of Kant's practical philosophy as an empty formalism. I begin with a brief sketch of the main features of Herman's corrective account. I endorse her claim that the enlarged Kantianism she defends is true to Kant's intentions as well as successful in correcting the (...) objections she outlines. I then argue that there is another version of the empty formalism worry Herman does not address. Not only does she not address it, but her form of Kantianism provides fuel for its fire. (shrink)

It is well known that Hegel contrasts the “Moral standpoint” or “morality” with the higher standpoint of “social ethics” or “ethical life”, and that he regards Kant’s ethical theory as an expression of the moral standpoint. Hegel finds many shortcomings in the moral standpoint, but probably the most famous of Hegel’s criticisms of Kantian moral theory is the charge that Kant’s theory is an “empty formalism,” incapable of providing any “immanent doctrine of duties,” The Kantian moral law, says (...) Hegel, has no content; its only criterion of morally right action is non-contradictoriness, and that proves to be no criterion at all, because it is a criterion which even the most immoral actions are able to satisfy. (shrink)

This paper examines the relation between intuition and concept in Kant in light of John McDowell's neo-Kantian position that intuitions are concept-laden.2 The focus is on Kant's twofold pronouncement that thoughts without content are empty and that intuitions without concepts are blind. I show that intuitions as singular representations are not instances of passive data intake but the result of synthetic unification of the given manifold of the senses by the power of the imagination under the guidance of the (...) understanding. Against McDowell I argue that the amenability of intuitions to conceptual determination is not due some pre-existing, absolute conceptuality of the real but to the "work of the subject."3 On a more programmatic level, this paper seeks to demonstrate the limitations of a selective appropriation of Kant and the philosophical potential of a more comprehensive and thorough consideration of his work. Section 1 addresses the unique balance in Kant's philosophy between the work on particular problems and the orientation toward a systematic whole. Section 2 outlines McDowell's take on the Kantian distinction between intuition and concept in the context of the Kant readings by Sellars and Strawson. Section 3 exposes McDowell's relapse into the Myth of the Given. Section 4 proposes a reading of Kant's theoretical philosophy as an epistemology of metaphysical cognition. Section 5 details Kant's original account of sensible intuition in the Inaugural-Dissertation of 1770. Section 6 presents the transition from the manifold of the senses to the synthesis in the imagination and the unification through the categories in the Critique of pure reason . Section 7 addresses Kant's formalism in epistemology and metaphysics.Esse artigo examina a relação entre intuição e conceito em Kant à luz da posição neokantiana de John McDowell de que intuições estão conceitualmente "carregadas". 1 O foco é sobre o duplo pronunciamento de Kant, segundo o qual pensamentos sem conteúdo são vazios e intuições sem conceitos são cegas. Mostro que intuições como representações singuares não são casos de introdução passiva de dados, mas o resultado da unificação sintética do múltiplo dado dos sentidos pelo poder da imaginação sob a orientação do entendimento. Contra McDowell, defendo que a amabilidade das intuições para com a determinação conceitual não é devida a alguma conceitualidade pré-existente, absoluta do real, mas ao "trabalho do sujeito".2 Num nível mais programático, o presente artigo visa demonstrar as limitações de uma apropriação seletiva de Kant e o potencial filosófico de uma análise mais abrangente e aprofundada de sua obra. A seção 1 aborda o equilíbrio único na filosofia de Kant entre o trabalho com problemas particulares e a orientação em direção a um todo sistemático. A seção 2 descreve a posição de McDowell acerca da distinção kantiana entre intuição e conceito no contexto das leituras de Kant por Sellars e Strawson. A seção 3 expõe a reincidência de McDowell no "mito do dado". A seção 4 propõe uma leitura da filosofia teórica de Kant como uma epistemologia do conhecimento metafísico. A seção 5 detalha a explicação original de Kant sobre a intuição sensível na "Dissertação de 1770". A seção 6 apresenta a transição do múltiplo dos sentidos para a síntese na imaginação e para a unificação por meio das categorias na Crítica da razão pura . A seção 7 aborda o formalismo de Kant na epistemologia e na metafísica. (shrink)

The objective of this article is to provide a formalism to deal with the special theory of relativity (STR, in short) as riewed by Reichenbach, according to which STR involves an ineradicableconventionality of simultaneity. One of the two postulates of STR asserts that, in empty space, the one-way speed of light relative to inertial frames is constant. Experimental evidence, however, is related to the constancy of the round-trip speed of light and has no bearing on one-way speeds. Following (...) Reichenbach's viewpoint, we relax the second postulate of STR, abandoning the constancy of the one-way speed of light to the more realistic one asserting the constancy of the round-trip speed of light. This, in turn, results in a formalism to deal with Reichenbach's special theory of relativity (RSTR, in short) in which the two one-way speeds of light in empty space, C±, in the two senses of a round-trip are arbitrarily selected in such a way that their harmonic mean is the measurable round-trip speed of light, c. Experimentally, RSTR and STR are indistinguishable and, hence, represent the same physical theory. It is only the formalism that we use to deal with STR which is extended in RSTR to accommodate the immeasurability of one-way velocities. The usefulness of the proposed formalism to study special relativity is demonstrated. (shrink)

Despite the divide between American formalism and theoreticians of minimalism, Barnett Newman’s art received great acclaim from both schools of thought. Attempting to unearth the philosophical preconditions of this strange constellation, this article argues that the closeness between minimalism and formalism is due to their mutual reliance upon phenomenology and ordinary language philosophy. However, their proximity also conveys their distance, since they imply different interpretations and applications of the philosophical schools in question. Such theoretical differences shed light on (...) Newman’s paintings: both minimalism and formalism are right in their accounts – yet not exclusively so. What arguably makes up the distinctive fascination of Newman’s paintings is their incessant oscillation between empty physicality and powerful meaning. (shrink)

Hegel famously argued that Kantian Moralität is an empty formalism. This article offers a defense of Kant’s formalism and suggests that it is crucial to Hegel’s own idealism. My defense, however, depends on reading Kantian morality non-morally, as a theory of normative authority. Through a reading of the Grundlegung and Religion, the article delineates Kant’s hyperbolic formalism—the insistence on giving an account of the form of rational agency by isolating willing from all content. The article accordingly (...) assesses Kant’s understanding of autonomy as a matter of institution-subjection. It also critically engages Henry Allison’s groundbreaking work on Kant. Hegel follows Kant in arguing that determinacy is a matter of institution-subjection, and in the Logic provides a radically formalist justification of the role of normative authority in determinacy. Unlike Kant, who articulates institution-subjection as a matter of an isolated subject, Hegel shows that institution-subjection is a matter of social practices. (shrink)

One can only look with favor upon the appearance of the English translation of this tremendously important work in the history of ethical theory in twentieth century European philosophy. We are also fortunate to have in Manfred Frings both the general editor of the German edition of the collected works of Scheler and a skillful translator of this significant work. In this work, Scheler hopes to mediate between Kant’s empty formalism and ethical relativism by developing an absolutistic ethics (...) which nonetheless does not focus on mere "duty" but on a definite moral "content". In the absence of an adjectival form for "content," Frings and Funk have decided to translate "die materiale Wertethik" by "non-formal ethics of values." Such an ethics centers on the absolute value of persons; thus the subtitle of the work: "A New Attempt toward the Foundation of an Ethical Personalism." Scheler’s method in this work is, as is well known, "phenomenological," i.e., concerned with intuiting the essence or absolute being of ethical values. There is a helpful bibliography, an index of names, and a detailed index of subjects.—J.D.C. (shrink)

This paper deals with Frege’s early critique of formalism in the philosophy of mathematics. Frege opposes meaningful arithmetic, according to which arithmetical formulas express a sense and arithmetical rules are grounded in the reference of the signs, to formal arithmetic, exemplified in particular by J. Thomae, whose “formal standpoint”, according to Frege, is that arithmetic should be understood as a manipulation of meaningless figures. However, Frege’s discussion of Thomae’s analogy between arithmetic and chess shows that Frege does not understand (...) his main point, which is that we must distinguish conceptually between statements about chess figures, and the chess pieces they represent. Indeed, Thomae’s fruitful use of this comparison undermines the ontological conception of arithmetic represented by Frege. The chess pieces do not go proxy for anything, but playing chess is not for that reason just manipulation of physical chess figures. This is also Wittgenstein’s point when he criticizes Frege for not seeing the “justified side of formalism”. Thomae’s formalism can be clarified by using the distinction between sign and symbol. Symbols are never meaningless or empty forms or signs, since they have a role or function in a symbolism, which one may call their meaning. The discussion of the chess analogy shows that Frege fails to see this operative aspect of the symbolism. We can conclude that the “formal standpoint” that Frege criticizes is his fabrication, rather than anything we can attribute to Thomae. (shrink)

This chapter contains sections titled: Hegel's Empty Formalism Objection and the Concessive Kantian Response Hegel's Intuitionism: Against a “Supreme Principle of Morality” Kant on the Supreme Principle of Morality: Socratic or Pythagorean? Kant and Hegel: A Reconciliation? Acknowledgments Notes Abbreviations References.

In the first ever commentary on the Groundwork, one of Kant’s earliest critics, Gottlob August Tittel, argues that the categorical imperative is not a new principle of morality, but merely a new formula. This objection has been unjustly neglected in the secondary literature, despite the fact that Kant explicitly responds to it in a footnote in the second Critique. In this paper I seek to offer a thorough explanation of both Tittel’s ‘new formula’ objection and Kant’s response to it, as (...) well as illustrate its significance. I argue that the objection is in fact the third step in a line of argument that Tittel presents in his commentary, and that the objection is best understood within this context. I analyze Kant’s response in the second Critique footnote line-by-line so as to show that Kant both clarifies that it was never his aim to offer a new principle, but only ‘establish’ the principle that common human reason already implicitly employs. Furthermore, I show that Kant uses the opportunity to clarify the sense in which the categorical imperative is a ‘formula [Formel]’, namely as a representation of a complicated and abstract principle, like the moral law, in a way that is easier to understand and apply. I conclude by illustrating the fourth step in Tittel’s line of argument, which makes the overall significance of the ‘new formula’ objection clear: for Tittel, the problem is not that Kant seems to be offering merely a new formula, but that the categorical imperative lacks a foundation. (shrink)

Immanuel Kant's moral thesis is that reason alone must identify moral laws. Examining various interpretations of his ethics, this essay shows that the thesis fails. G. W. F. Hegel criticizes Kant's Formula of Universal Law as an empty formalism. Although Christine Korsgaard's Logical and Practical Contradiction Interpretations, Barbara Herman's contradiction in conception and contradiction in will tests, and Kenneth Westphal's paired use of Kant's universalization test all refute what Allen Wood calls a stronger form of the formalism (...) charge, they are not free from a weaker form of it. Some philosophers try to avoid both forms of the formalism charge in the following ways: First, some underline the roles of Kant's other formulas. Second, some interpret the Formula of Universal Law teleologically. Third, some claim that a maxim must be something all those potentially affected by it can rationally accept. Fourth, Robert Louden introduces the empirical to evaluate a maxim. All those attempts introduce heteronomy into Kant's ethics. Besides, on the third response, from the fact that all those potentially affected accept a maxim, it does not follow that it is morally right. It is impossible to avoid the formalism charge without making his ethics heteronomous. Thus, Kant's ethics is either empty or heteronomous. Either way it fails to identify moral laws by reason alone. (shrink)

'Two things', wrote Kant, 'fill the mind with ever new and increasing admiration and awe: the starry heavens above and the moral law within'. Many would argue that since Kant's day, the study of the starry heavens has advanced while ethics has stagnated, and in particular that Kant's ethics offers an empty formalism that tells us nothing about how we should live. In Acting on Principle Onora O'Neill shows that Kantian ethics has practical as well as philosophical importance. (...) First published in 1975, the book is regarded as a classic account and defence of the Kantian ethical position. It addresses Kant's account of reasoning about action, in particular his controversial claim that the Categorical Imperative guides action and is basic to ethics and justice. This second edition offers a substantial new introduction and updated bibliography, and will be valuable for a wide readership in Kant studies and those studying ethics. (shrink)

'Two things', wrote Kant, 'fill the mind with ever new and increasing admiration and awe: the starry heavens above and the moral law within'. Many would argue that since Kant's day, the study of the starry heavens has advanced while ethics has stagnated, and in particular that Kant's ethics offers an empty formalism that tells us nothing about how we should live. In Acting on Principle Onora O'Neill shows that Kantian ethics has practical as well as philosophical importance. (...) First published in 1975, the book is regarded as a classic account and defence of the Kantian ethical position. It addresses Kant's account of reasoning about action, in particular his controversial claim that the Categorical Imperative guides action and is basic to ethics and justice. This second edition offers a substantial new introduction and updated bibliography, and will be valuable for a wide readership in Kant studies and those studying ethics. (shrink)

Hegel's empty formalism charge is taken, virtually without exception, as a serious objection to Kant's categorical imperative and a powerful refutation of his formalist ethics. The dominant interpretation is represented by Bradley, Paton, Mill, Korsgaard, Guyer, Wood, Schneewind, Sedgwick, more recently, Freyenhagen, and others. So far, the dominant interpretation has remained powerfully influential and virtually unchallenged.However, the dominant interpretation tends to take Hegel's empty formalism in isolation from other texts in the corpus, his holistic system, and (...) dialectical method in general. What makes this non-contextualised approach problematic is that it ignores his remarks on formalism in other texts where his use of dialectical and sceptical method is more in evidence. Hegel's emptiness remarks span his entire career, from their appearance in Jena right up to the end of his career in Berlin. In Jena, his views on formal thinking in a logical sense developed alongside his views on formalism in ethics. Prima facie, the arguments bring together two subject matters that seem to have nothing to do with one another. This may explain why no one has given an interpretation that brings the two domains together. But it is worth noting that Kant himself brings logical considerations to bear on his conception of the moral principle. His distinction between the form of a moral principle and its empirical content recalls his characterisation of logical laws in the firstCritique. (shrink)

In his book Philosophy of Right Hegel has criticized Kant´s moral philosophy negatively, labeling it as an “empty formalism”. As a matter of fact, Kantian concepts such as good will, categorical imperative and duty are rejected by Hegel because he considers them formal, empty and unilateral. In spite of this, by means of a scrutiny of Hegel’s argument it can be thought that such a criticism is only based upon Kant’s Groundwork of the Metaphysics of Moral. Therefore, (...) Hegel has a partial interpretation of Kant’s moral philosophy. To show this, I will first present the three concepts at issue, then I will expose Hegel’s critic to these concepts, and finally I will show some other elements in Kantian moral philosophy that allow us to reconsider Hegel’s critic. This is done in order to show that Kant’s moral philosophy is neither empty nor unilateral, despite being formal, like Hegel’s thought. (shrink)

This is the first book-length study in any language to examine in detail and critically assess the second part of Kant's ethics- -an empirical, impure part, which determines how best to apply pure principles to the human situation. Drawing attention to Kant's under-explored impure ethics, this revealing investigation refutes the common and long-standing misperception that Kants ethics advocates empty formalism. Making detailed use of a variety of Kantian texts never before translated into English, author Robert B. Louden reassesses (...) the strengths and weaknesses of Kantian ethics as a whole, once the second part is re-admitted to its rightful place within Kant's practical philosophy. (shrink)

Although Kant defends a cosmopolitan ideal, his philosophy is problematically vague regarding how to achieve it, which lends support to the empty formalism charge. How Kant would respond to the crisis in Syria reveals that judgement plays too central a role, because Kantian principles lead to equally reasonable but opposite conclusions on how to weigh the duty of hospitality to refugees against a state’s duty to its own citizens, the right of prevention towards ISIS against the duty not (...) to harm non-combatants, and the responsibility to protect the people of Syria against the duty of non-interference in its internal affairs. (shrink)

Through a careful examination of two detailed investigations of Kant’s Categorical Imperative as a criterion for determining correct action I show that Hegel’s widely castigated critique of Kant’s CI has significant merit. Kant holds that moral imperatives are categorical because the obligations they express do not depend upon our contingent ends or desires and he holds that the CI is the supreme normative principle. However, his actual illustrations show that Kant repeatedly appeals to contingent ends and desires in deriving our (...) obligations and that CI tests often reveal conflicts between maxims and other presupposed norms of action. Moreover, Barbara Herman makes a persuasive case that Kant’s CI test must be supplemented by ‘Rules of Moral Salience’ and by ‘Middle Theory’, which links Kant’s theory of value to a theory of applications. These supplements ultimately shift the principle of universalization from the standpoint of individual morality to social ethics – precisely Hegel’s strategy in his Philosophy of Right! (shrink)

Hegel shares in common with Kant an understanding of freedom as rational self‐determination. For Kant, this view of freedom implies that freedom and morality are reciprocal concepts: if you are free, then you are subject to morality, and vice versa. Although Hegel is famous for dismissing the Kantian formula for freedom/morality as an ‘empty formalism’, he too endorses a version of the reciprocity thesis. The chapter reconstructs and defends Hegel's ‘empty formalism’ critique of Kant and it (...) offers an interpretation of Hegel's own alternative strategy for establishing that freedom and ethical requirements are reciprocally connected. (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)

Scholarship on Kant's practical philosophy has often overlooked its reception in the early days of post-Kantian philosophy and German Idealism. This volume of new essays illuminates that reception and how it informed the development of practical philosophy between Kant and Hegel. The essays discuss, in addition to Kant, Hegel and Fichte, relatively little-known thinkers such as Pistorius, Ulrich, Maimon, Erhard, E. Reimarus, Reinhold, Jacobi, F. Schlegel, Humboldt, Dalberg, Gentz, Rehberg, and Möser. Issues discussed include the empty formalism objection, (...) the separation between right and morality, freedom and determinism, nihilism, the right to revolution, ideology, and the limits of the liberal state. Taken together, the essays provide an historically informed and philosophically nuanced picture of the development of post-Kantian practical philosophy. (shrink)

In his 1841-2 Berlin lectures, Schelling critiques German idealism’s negative method of regressing from existence to its first principle, which is supposed to be intelligible without remainder. He sees existence as precisely its remainder since there could be nothing that exists. To solve this, Schelling enlists the positive method of progressing from the fact of existence to a proof of this principle’s reality. Since this proof faces the absurdity that there is anything rather than nothing, he concludes that this fact’s (...) constitution and this principle’s proof are mutually dependent, non-dischargeable tasks. I trace this reciprocal relation to one Kant establishes between the constitutive categories of experience and the experience that proves their applicability and argue that it adheres to Kant’s threefold criterion of proof. I do so by uncovering the Maimonian skeptical motivation—specifically, the need to answer what I call the question quid indicii—behind the qualified return to Kant on which Schelling’s critique of idealism relies. (shrink)

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and (...) elaborated in the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure. (shrink)

Although the best-known Hegelian objection against Kant's moral philosophy is the charge that the categorical imperative is an ‘empty formalism’, Hegel's criticisms also include what we might call the realizability objection. Tentatively stated, the realizability objection says that within the sphere of Kantian morality, the good remains an unrealizable ‘ought’ – in other words, the Kantian moral ‘ought’ can never become an ‘is’. In this paper, I attempt to come to grips with this objection in two steps. In (...) the first section of the paper, I provide an initial reading of the objection, according to which Hegel agrees with Kant's formulation of the realizability problem but disagrees with the specific Kantian solution, namely, with the Kantian idea of the highest good and the doctrine of the postulates. In the second section, I go on to argue that this reading is potentially too superficial and offer a more far-reaching interpretation whereby Hegel is ultimately targeting fundamental distinctions of Kant's moral theory. I end by employing these more far-reaching results of Hegel's objection to sketch some features of Hegel's alternative ethical view. (shrink)

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

Cohen’s hostility to Rawls’ justification of the Difference Principle by social facts spawned Cohen’s general thesis that ultimate principles of justice and morality are fact-insensitive, but explain how any fact-sensitive principle is grounded in facts. The problem with this thesis, however, is that when facts F ground principle P, reformulating this relation as the "fact-insensitive" conditional “If F, then P” is trivial and thus explanatorily impotent. Explanatory, hence justificatory, force derives either from subsumption under more general principles, or precisely exhibiting (...) value in light of relevant (actual or hypothetical) facts. In examples where no subsumption occurs, actual facts trivially become hypothetical facts in "fact-insensitive" conditionals, an empty formalism. Indeed, Rawls’ grounding of principles of justice in “conditions of life” can easily be reformulated as a conditional principle “sensitive” only to hypothetical such conditions, and thus formally fact-insensitive in Cohen's sense, for all Cohen’s ire against Rawls’s grounding.Moreover, any plausible “ultimate fact-insensitive principle” must be intricately qualified, which tacit ceteris paribus clauses mask. Each qualification implies prioritisation of one principle over another in conceivable circumstances, and wherever the now qualified principle is given scope, that too implies prioritisation over competing principles in typical circumstances. Any principle is thus sensitive to conceivable circumstances of application, as recognised by more sophisticated intuitionisms. Non-trivial ultimate principles – luck egalitarianism, act utilitarianism, etc. - require defense, which inevitably involves showing how they best interpret and respond to facts about human needs, goals, and capacities in predictable circumstances. Finally, the substantive debate between Rawls and Cohen about which facts are relevant to the DP is only obscured by the doctrine of fact-insensitivity. (shrink)

Este artículo se opone a la tesis recientemente sostenida por John Searle según la cual no existen los derechos humanos positivos. Argumentamos que la existencia de dichos derechos no es contradictoria, como pretende Searle, con las nociones de "derecho" y"derechos humanos" definidas en su ontología social. Por consiguiente, es posible aceptar la ontología social de Searle y afirmar al mismo tiempo que los derechos humanos positivos existen. En segundo lugar, ofrecemos razones para cuestionar la supuesta prioridad lógica de una ontología (...) social al modo en que Searle la entiende (esto es, como una empresa puramente analítica) sobre los desarrollos más específicos de la filosofía moral, social y política. Al contrario, sugerimos que, por lo que se refiere a la realidad social, los compromisos ontológicos dependen de los presupuestos sustantivos que se adopten en relación con la naturaleza y los fines de la sociedad misma, o bien no pasarán de ser un formalismo vacío sin relevancia heurística alguna. [This paper challenges the point recently made by John Searle that there are no positive human rights. We contend that the existence of positive human rights is not inconsistent, as Searle argues, with the notions of "right" and "human rights" as defined in his social ontology. Therefore, one could adhere to Searle's social ontology and assert the existence of positive human rights at the same time. Subsequently, the paper gives reason to question the alleged logical priority of social ontology in Searle's sense (i.e., as a purely analytic endeavour) over the particular developments of moral, social, and political philosophy. We suggest, on the contrary, that concerning social reality ontological commitments are dependent on substantive assumptions about the nature and aims of society itself, or else they amount to an empty formalism with no heuristic relevance.]. (shrink)

A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...) of Hegel's philosophical arguments •Explores key areas of Hegel's political philosophy: his theories of property, punishment, morality, law, monarchy, war, democracy and history This significantly expanded second edition includes: a more detailed explanation of Hegel's philosophical system, two new chapters on his theories of democracy and history and an appendix detailing the implications this work has for future interpretations of Hegel's philosophy. (shrink)

The ethics expressed in Kierkegaard’s Works of Love has been subject to persistent criticism for its perceived indifference to concrete persons and failure to attend to the other in their individual specificity. Recent defenses of Works of Love have focused in large part on the role of vision in the text, showing the supposed “blind” empty formalism of the emphasis on the category of “the neighbor” to serve a normative model of seeing the other correctly. However, when this (...) problem is viewed in the broader context of Kierkegaard’s phenomenology of moral vision, two further, thus far unanswered, problems emerge: How can we see the other and the moral demand they represent at the same time, and how can we see the other and our own condition at the same time? This paper draws on other Kierkegaardian texts to show how Kierkegaard’s model of moral vision allows for the simultaneity in vision necessary to overcome these challenges. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Equal Freedom and Utility: Herbert Spencer’s Liberal Utilitarianısm by David WeinsteinDaniel PalmerDavid Weinstein. Equal Freedom and Utility: Herbert Spencer’s Liberal Utilitarianısm. Cambridge: Cambridge University Press, 1998. Pp. xii + 235. Cloth, $69.95.Herbert Spencer, though influential and widely read in the nineteenth century, has been largely neglected by contemporary philosophers. David Weinstein argues that this neglect is unjustified, and that Spencer’s moral and political thought deserves the same attention (...) that has been afforded to Spencer’s contemporary John Stuart Mill. The comparison with Mill is particularly important for Weinstein. Indeed, he claims that, like Mill, Spencer was a liberal utilitarian who attempted to preserve a place for strong moral rights within a broadly utilitarian framework.A large part of Weinstein’s study is devoted to delineating the precise nature of Spencer’s utilitarianism. Weinstein argues that Spencer is both more consistently utilitarian and more systematic than has often been alleged. In the first two chapters he discusses Spencer’s utilitarianism in relation to his metaphysical principles and his account of moral psychology. Weinstein convincingly demonstrates that Spencer’s liberal utilitarianism follows from his views on social evolution. Spencer viewed evolutionary processes as leading to increasing differentiation among phenomena, which implied for Spencer a trend towards greater individuation of persons as societies evolve. Evolutionary principles also led Spencer to view happiness as largely dependent upon the exercise of faculties. Together, these views lend support to what Weinstein sees as the centerpiece of Spencer’s liberal utilitarianism, his principle of equal freedom, or the claim that “each shall have as much liberty to pursue his ends as consists with maintaining like liberties to pursue their ends by others” (38). The increasing individuation of individuals coupled with the dependence of happiness upon the free exercise of our faculties guaranteed for Spencer that the greatest happiness will be generated through the adoption of the principle of equal freedom.Weinstein’s central argument is that Spencer’s moral philosophy offers a distinctive version of indirect utilitarianism. In chapters 3 through 5 he outlines the main contours of Spencer’s liberal utilitarianism and its relevance to contemporary discussions, maintaining that Spencer accepted the utilitarian principle as the ultimate criterion of actions. However, much like Mill, and in reaction to Bentham, he argued that any direct pursuit of the greatest happiness is self-defeating. Spencer’s indirect utilitarianism sought to promote the conditions upon which happiness is founded through the principle of equal freedom. Moral rights were for him merely corollaries of the principle that flesh out its empty formalism, providing the basis for deliberation. Concrete moral rights such as property rights, contract rights, and exchange rights are therefore the basis for our primary obligations and yet find their ultimate justification in the principle of utility.Spencer’s two-tiered account of our moral obligations is thus remarkably similar to Mill’s account of moral rights in Chapter 5 of Utilitarianism. The difference between them concerns the stringency of moral rights. While Mill saw moral rights as important, but ultimately defeasible, Spencer viewed them as indefeasible. While Mill’s position seems more plausible from the utilitarian perspective, Weinstein shows that Spencer’s stronger position must be judged in terms of his beliefs about the exercise of human [End Page 685] faculties. Weinstein correctly shows that if Spencer is wrong, it is not because, as critics have charged, his position is logically inconsistent, but because he held mistaken views about human nature and society.While the heart of Equal Freedom and Utility concerns the relation between utility and moral rights in Spencer’s work, the final two chapters are devoted to metaethics and applied ethics respectively. Weinstein marshals strong textual support to show that Spencer never simply defined the good as happiness and that G. E. Moore’s use of Spencer in Principia Ethica as an example of someone who committed a glaring version of the naturalistic fallacy was not justified. Spencer simply avoided prolonged treatments of such metaethical concerns. In the last chapter Weinstein argues that Spencer’s evolving views on land nationalization reveals both the general nature of Spencer’s derivation of moral rights from the principle... (shrink)

This is the second volume published in the series Studies in Eurolinguistics, which is a collection of papers presented at three different symposia in the period 2001--2003. In the present volume, the more important papers from north of the Alps (Eurolinguistics North) and south of the Alps (Eurolinguistics South) have been collected. Thus readers can look into the future and evaluate for themselves the promises and possibilities of Eurolinguistics.Eurolinguistics is a new challenge for all of us who are involved with (...) the integration of Europe and who see the chance for a renaissance of linguistic studies in the European unification. We are convinced that a rejuvenation of linguistics is necessary to reach this goal, away from an obsession and preoccupation with empty formalism in structural or generative orthodoxy. What unites us and brings us together as Eurolinguists, working towards a new kind of linguistics with a human face, is the concern with time, space and the social dimensions of language contacts, all of which play crucial roles in dealing with languages in present-day Europe. Conversely, we believe that isolated treatments of linguistic phenomena within national-philological or structural frameworks give us a false picture of the interdependencies between the European languages and their mutual contacts in the past and the present.The volume published here in the Eurolinguistics series of the Logos Verlag Berlin is, itself, the result of the on-going integration and enlargement of Europe. The current volume is also a collection of papers from two different parts of the European continent: the two symposia in Mannheim -- Strasbourg (2001) and Zadar (2002). Since this volume also includes papers given at the small workshop held in connection with Baden-Wuerttemberg's Europa Woche in May 9-10, 2003. (shrink)

A questão do método na Ciência da Lógica (CL) é uma das mais controvertidas na discussão da filosofia de Hegel. O artigo defende a opinião de que o “método absoluto” de fato apresenta uma estrutura formal definida e distinta que seja o princípio geral de todo o desenvolvimento do sistema hegeliano (maduro). Defende essa interpretação contra mal-entendimentos, sobretudo contra aquele que um tal método geral tornaria a CL num formalismo vazio. O método hegeliano é apresentado como método do determinar, sendo (...) que a CL, fundamentalmente e originariamente, não e outra coisa que uma teoria de determinações aprióricas do pensar, i.é, de categorias, regras e formas lógicas. O artigo argumenta em favor da pretensão à universalidade e incondicionalidade que Hegel atribui a seu método. Quer mostrar que é exatamente essa incondicionalidade do método, e nada mas, que sustenta a necessidade e a imanência do proceder do pensar puro e, com isso, sustenta toda a pretensão à “ciência absoluta” e ao “idealismo absoluto” hegeliano. No final, porém, o texto oferece uma crítica interna a este método, que modifica decisivamente a pretensão de Hegel, embora não a destrua fundamentalmente. É que o próprio método contém um momento de indeterminação ou contingência. Essa crítica conduz ao conceito do “acaso” como princípio originário e intransponível de toda dialética e, com isso, de todo determinar-se. Determinação se realiza no acaso da dialética. O acaso dialético e o princípio de toda realidade. PALAVRAS-CHAVE – Hegel. Método. Ciência da Lógica. ABSTRACT The question of the Method in the Science of Logic (SL) is among the most controversially debated in the discussions on Hegel. This article defends the view that there actually is a definite and distinct formal structure underlying the whole development of Hegel’s (mature) system which he himself presents as the “Absolute Method”. This interpretation is defended against misunderstandings, especially against the opinion that such a method should turn the SL into a empty formalism. Hegel’s Method is explained as method of determining, the SL being primarily and fundamentally nothing else but a theory of the aprioric determinations of thinking, i.e. of categories, logical rules and forms. The article arguments in favor of the universality and unconditionality which Hegel claims for his Method. It tries to show that it is exactly this unconditionality of the Method, and nothing else, which supports the necessity and immanence of “pure thinking” and consequently supports Hegel’s claim to “absolute science” and “absolute idealism”. Finally, however, the article offers a critique of this Method, which modifies it fundamentally without destroying it totally. It is argued that there is a moment of indeterminacy or of contingency within the very Method of determining. This critique will lead to the concept of “accident” or “chance event” as original principle of all dialectics and, with this, of all determining. KEY WORDS – Hegel. Method. Science of Logic. (shrink)

Stephen Engstrom has recently offered an excellent account of morality as practical cognition. He emphasizes the formal conditions of practical knowledge, which he finds in Kant. Engstrom also aligns his account with constructivism, claiming that value is constructed through these formal conditions, chiefly universalisability. In this paper, I employ a variant of Hegel’s empty-formalism objection to challenge the moral significance of the mere form of practical knowledge. I hope to show that Engstrom’s constructivism is neither philosophically compelling, nor (...) required by the rest of his position. In its place, I propose a realist understanding of the value of practical knowledge. (shrink)

My aim in this paper is to argue, contra Axel Honneth, that ‘the summons’ ( Aufforderung), the central pillar of Fichte’s transcendentalist account of recognition, is best made sense of not as an ‘invitation’, but rather as a second-personal demand, whose illocutionary content draws attention to the demandingness of responsibilities towards vulnerable agents. Because of this, the summons has good explanatory force in terms of disclosing the phenomenological dynamics of psychosocially and politically significant reactive attitudes. Under my reading, then, Fichte’s (...) position, contra Honneth’s ‘negative’ treatment of it, is anything but an empty formalism that ‘fails to refer to subjects of flesh and blood’. (shrink)

In paragraph 135 of the Philosophy of Right Hegel formulates his well-known objection to the" empty formalism" of Kant's theory of morality:"[I] f the definition of duty is taken to be the absence of contradiction," he tells us,"... then no transition is possible to the specification ..

This paper examines the theme of the death and rebirth of Buddhism in contemporary Japan as treated in several works written by Buddhist priests, scholars, and writers for the general public. Though Buddhist rituals and customs are still widespread, most people and even many priests do not understand their meanings. This empty formalism is perceived as the death of Buddhism. There are many calls for reviving Buddhism, and they comprise two types. The first seeks the rebirth of Buddhism (...) through socially and culturally engaged activities that have little or no connection with Buddhist teachings. The second suggestion calls for the revival of traditional doctrines. What is missing is the medieval pattern of truly new interpretations, which by definition must deviate from old understandings significantly enough to be heresies. (shrink)

This is an ambitious book. Onora O'Neill argues for an interpretation of the Critical philosophy as a whole which recognizes the categorical imperative as the first principle of theoretical as well as practical reason. She offers an interpretation of Kantian ethics which attempts to answer the central charges that have been brought against it since the critiques of Mill and Hegel: empty formalism and moral rigorism. She enters into dialogue with contemporary positions both hostile and sympathetic to Kant's (...) practical philosophy. In both cases the claim is made that Kant has resources that would enable MacIntyre's communitarian and Rawls's constructionist positions to complete their own projects. (shrink)

CONSIDER A NON EMPTY BUT OTHERWISE ARBITRARY SET OF\nPROPERTIES CALLED OBSERVATION-PROPERTIES (O-PROPERTIES).\nCALL A PROPERTY P A MEANINGFUL PROPERTY (M-PROPERTY) IF IT\nIS EQUIVALENT TO A (FINITE OR INFINITE) DISJUNCTION OF\nO-PROPERTIES--I.E., A NECESSARY AND SUFFICIENT CONDITION\nFOR P IS THAT AT LEAST ONE OBSERVATION-PROPERTY IN A\nCERTAIN SET O(P) BE TRUE. OBVIOUSLY THE CONJUNCTION AND\nDISJUNCTION OF TWO M-PROPERTIES IS AN M-PROPERTY; IN\nGENERAL THE NEGATION OF AN M-PROPERTY IS NOT AN M-PROPERTY.\nHOWEVER WE CAN DEFINE THE PSEUDO NEGATION OF AN M-PROPERTY\nP AS THE POSSESSION OF (...) SOME O-PROPERTY INCOMPATIBLE WITH P.\nTHE ALGEBRA OF DISJUNCTION, CONJUNCTION AND PSEUDO NEGATION\nOF M-PROPERTIES TURNS OUT TO START IN THE SAME RELATION TO\nBOOLEAN ALGEBRA AS INTUITIONISTIC LOGIC (NOT 3-VALUED\nLOGIC) DOES TO CLASSICAL LOGIC, AND SUGGESTS THEREFORE THAT\nINTUITIONISTIC RATHER THAN 3-VALUED LOGIC IS THE\nAPPROPRIATE FORMALISM TO DEAL WITH THE PARADOXES OF THE\nBALD MAN, THE HEAP, ETC. (shrink)

If Milton is the grand expositor of human culture as a middle realm, Williams can be seen as in many respects his secular heir, an heir careful to work out how the poetic imagination serves to make man's expulsion from Edenic origins bearable and even invigorating. Williams' poetics begins, as Riddel makes clear, in the awareness that there is no inherent or even recoverable correspondence between words and facts in the world, but Williams then devotes most of his energies to (...) denying the metaphysical alternative to that position—the claim that all language can do is reflect on and play with the emptiness or fictiveness of its signifiers. If words do not copy but produce meanings, then they can be used significantly to focus our attention on the activities of the artist and his constructed characters as they engage in that process of production. The act of producing meanings can be the process by which to achieve another kind of reference, for the act of expression can itself become the focus generating a poem's significance by calling attention to the various ways authors and characters station themselves in relation to specific situations. Fiction then is not so much a term describing the ontological status of certain kinds of language but a term characterizing a particular way of using language to reflect upon forms of behavior in which we are not fully conscious of the quality of our activities. Williams' position on the artist's language is clearest in his frequent metaphor of the artist as farmer. The initial activity of both men is a kind of violence, an assertion of the difference between human desires and indifferent "blank fields." But what begins as antagonism does not result in the creation of self-referential fictive structures or the gay wisdom of maintaining and disseminating differences. Rather antagonism is the precondition for what Williams richly labels "composition": the farmer-poet organizes the blank field into a fertile, life-sustaining set of relationships which are not simply linguistic.1 · 1. Williams, Imaginations, ed. Webster Schott , pp. 98-99. Williams' image of arts as antagonistic composing has important parallels with the Russian Formalist concept of "defamiliarization," but for Williams it is not simply a scene but a total human act that is revealed by this process. Charles Altieri teaches modern literature and literary theory in the English department at the University of Washington. The author of Enlarging the Temple: New Directions in American Poetry of the 1960s, he has just completed a study of literary meaning. "Culture and Skepticism: A Response to Michael Fischer" was contributed to Critical Inquiry in the Winter 1979 issue. (shrink)

The Catastrophe Theory of Rene Thom and E. C. Zeeman suggests a mathematical interpretation of certain aspects of Hegelian and Marxist dialectics. Specifically, the three 'classical' dialectical principles, (1) the transformation of quantity into quality, (2) the unity and struggle of opposites, and (3) the negation of negation, can be modeled with the seven 'elementary catastrophes' given by Thorn, especially the catastrophes known as the 'cusp' and the 'butterfly'. Far from being empty metaphysics or scholasticism, as critics have argued, (...) the dialectical principles embody genuine insights into a class of phenomena, insights which can now be expressed within a precise mathematical formalism. This fact does not, however, support the claim that these principles, possibly modified or supplemented, constitute the laws of motion for human thought and for natural and social processes or even just the last of these. (shrink)

This essay starts from a consideration of Deleuze's theory of time. It begins with the empty form of time. But the essay's aim is to understand Deleuze's reversal of Platonism in his 1968 Difference and Repetition. There is no question that the stakes of the reversal of Platonism are ontological. But I argue that what is really at stake is a movement of demoralisation. The essay proceeds in three steps. First, we determine what sufficient reason or grounding is, for (...) Deleuze. Sufficient reason is struck with an irreducible ambiguity. It is this ambiguity in sufficient reason that allows it to be taken advantage of, to be used by representation and good sense for a moral purpose. The second part of the essay will therefore concern ‘the moralisation of sufficient reason’. Its focus will be good sense. But then, third, we must understand Deleuze's ‘demoralisation of sufficient reason’, which necessarily passes through others. Like sufficient reason, others are ambiguous, at once lending themselves to what cancels differences, and opening the way towards difference and intensity. The third step focuses on what Deleuze calls ‘the ethics of intensive quantities’. In the Conclusion, I examine Deleuze's famous, almost cliché, definition of ethics as not being unworthy of the event and, through the empty form of time, I connect it to Kant's formalistic ethics. (shrink)