This chapter contains sections titled: I II III IV V VI.

The aim of this paper is to determine whether Kant’s account of freedom fits with his theory of the human sciences. Several Kant scholars have recently acknowledged a tension between Kant’s metaphysics and his works on anthropology in particular. I believe that in order to clarify the issue at stake, the tension between Kant’s metaphysics and his anthropology should be broken down into three distinct problems. -/- First, Kant’s Anthropology studies the human being ‘as a freely acting being.’5 (...) This approach thus presupposes that such an inquiry can acknowledge freedom and appeal to it in its accounts of human behaviour. Yet the Critique of Pure Reason clearly asserts that ‘as regard [man’s] empirical character there is no freedom; and yet it is only in the light of this character that man can be studied.’ This, in contrast, seems to indicate that the human sciences should be carried out independently of freedom. -/- Second, the Anthropology seems to suggest that empirical factors encompassed by culture, civilisation and mores can have an impact on the human being’s moral status by generating some form of moral progress. Yet if freedom and moral agency are restricted to the domain of the intelligible, they cannot be influenced by anything empirical. -/- Third, the Anthropology provides numerous moral and prudential recommendations as to how one should behave in particular circumstances. Thus it seems to presuppose that anthropological knowledge, as well as the practical guidance based on this knowledge, can have an impact on the free choices we make. Yet how can the human sciences be legitimately, and efficaciously, prescriptive vis-à-vis our free choices? -/- Regarding the first problem, which I tackle in section I, I will hold that the human sciences can legitimately refer to ‘practical freedom’ understood as the power to determine one’s aims and to act independently of sensuous impulses, through intentions and the representation of purposes. I will address the second and third problems in two steps. Section II will tackle them negatively through a distinction between the conditions of moral agency and the conditions of moral improvement. It will allow me to argue that the possibility of any direct influence of the empirical on the intelligible is metaphysically invalid in principle, and hence, that empirical factors cannot effect any direct change in one’s moral character. In the third section, I will turn to the positive side of my account by focusing on the issue of the moral relevance of culture and civilisation as well as that of the human sciences (which study their influence), and suggest that they are morally relevant insofar as they make us more morally efficacious. (shrink)

In his new book the eminent Kant scholar Henry Allison provides an innovative and comprehensive interpretation of Kant's concept of freedom. The author analyzes the concept and discusses the role it plays in Kant's moral philosophy and psychology. He also considers in full detail the critical literature on the subject from Kant's own time to the present day. In the first part Professor Allison argues that at the centre of the Critique of Pure Reason there is (...) the foundation for a coherent general theory of rational agency. The second part employs this account of rational agency as a key to understanding Kant's concept of moral agency and associated moral psychology. The third part focuses on Kant's attempt to ground both moral law and freedom in the Groundwork and the Critique of Practical Reason. This is a major contribution to the interpretation of Kant which will be of special interest to scholars and graduate students of Kant's moral theory. (shrink)

For a long time, Kant’s Doctrine of Right languished in relative neglect, even among Kantians. The work was best known for its uncompromising views on punishment and revolution, and for a seemingly limited and not particularly original emphasis on private property. Kant’s more interesting political claims were often said to be located elsewhere: in the third Critique (Hannah Arendt, Patrick Riley), or the structure of the critical project (Onora O’Neill). When John Rawls explained why his theory of justice (...) could be given a ‘Kantian interpretation’, he drew on concepts found just in Kant’s moral philosophy, bypassing the Doctrine of Right entirely. -/- In recent years, however, there has been an expanding body of work on the Doctrine of Right, by writers like B. Sharon Byrd and Joachim Hruschka, Arthur Ripstein, Elisabeth Ellis, and Lea Ypi. Ripstein and Ellis, in particular, have sought to reframe the arguments of Kant’s text in terms more congenial to contemporary legal and political theory. But can Kant’s arguments really be applied to twenty-first-century political debates? -/- The authors in this collection of essays explore this question in different ways, by looking at different aspects of Kant’s text. What is distinctive about Kant’s conception of the social contract, or human rights? Can a Kantian political philosophy concern itself with poverty and welfare rights? Can a Kantian affirm a conception of civil disobedience? What kind of view should a Kantian have of international relations? Can Kant’s views on punishment be reconciled with a conception of forgiveness? What would a Kantian position be in contemporary debates about marriage? -/- The authors of this volume do not always agree with one another, but they always seek to be faithful to the text, and to understand what a political position grounded in the Doctrine of Right would look like in twenty-first-century terms. (shrink)

It is difficult to overstate the importance of freedom in Kant's critical philosophy, and there are few scholars whose expertise on this subject could rival Henry E. Allison's. In this magisterial commentary, Allison meticulously chronicles the development of Kant's theory of freedom from his earliest pre-critical works all the way through the Metaphysics of Morals. Great care is taken to explain how and why Kant's views changed over time, and Allison provides compelling, sympathetic interpretations (...) at every turn. The first four chapters deal with Kant's pre-critical writings and his lectures on metaphysics and ethics from the 1760s. The general narrative here is likely to be a familiar one for the target audience... (shrink)

In his most recent voluminous work Das Recht der Freiheit (2011) Axel Honneth brings his version of the recognition paradigm to full fruition. Criticizing Kantian theories of justice, he develops a Hegelian alternative which has at its core a different conception of freedom. In this paper, I will scrutinize Honneths latest work to see whether he offers a promising alternative to mainstream liberal theories of justice. I will focus on two key differences with Kantian theories of (...) justice. Substantively, Honneth criticizes the Kantian concept of ‘reflexive freedom’ and proposes instead as the core of his own theory the concept of ‘social freedom’. Methodologically, he proposes a method of ‘normative reconstruction’, and explicitly develops this in contrast to Kantian constructivism. I investigate the robustness of these shifts by seeing how they are actually used in Honneth’s reconstruction of the market sphere. I conclude that his method of normative reconstruction does not provide the kind of guidance Honneth thinks it does. His conception of social freedom fares slightly better but can either be reduced to the mainstream’s idea of reflexive freedom, or else faces some serious challenges. (shrink)

As the interesting title of this work indicates, its author is concerned less with Kant’s theory of morality, with its account of freedom, the possibility of pure reason being practical, and the deduction of the moral law, than he is with Kant’s Sittenlehre, or the account of the moral law as applied, moral judgment, and the substantive, derived duties of justice and virtue. Accordingly, he concentrates almost exclusively on two texts. The first four chapters are a commentary (...) on and assessment of the three chapters of the Groundwork of the Metaphysic of Morals, and his last two chapters deal with the two main sections of the Metaphysics of Morals. Other important texts of Kant’s moral theory are dealt with, as he says, en passant, and some are not dealt with at all. This approach has the virtue of focusing attention on perhaps the central Kantian moral problem: the nature of the transition from pure moral principles to "morals." It has the defect of being bound in too restrictive a way to the Groundwork as an expression of Kant’s general moral theory. There is no discussion of the synthetic or "regressive" methodology of that work, an approach which Kant realized aided its popular appeal, but greatly limited its theoretical adequacy, nor of the well known revisions Kant made in his moral theory, especially his account of freedom, by 1788. However, the author admits that he did not intend to write a book "directed specifically to Kant scholars." Instead, he tries to keep his discussion of textual interpretation minimal, always tries to present Kant’s arguments in a "contemporary idiom," refers only to English translations, infrequently to the Kant literature, and then only to English language literature. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom (...) brilliantly transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

The Role and Nature of Freedom in Two Normative Theories of Democracy The article examines the role and the nature of freedom in two normative concepts of democracy, in the work of Hans Kelsen and of Emanuel Rádl. Both authors wrote their work on democracy between the two world wars. Kelsen formulated his concept of democracy in On the Substance and Value of Democracy (1920), a book which has clearly been influenced by the political thinking of Kant and (...) Rousseau. Kelsen shares Rousseau's idea of general will and on this basis the principle of majority. Rádl outlines his theory of freedom and democracy in The War between the Czechs and the Germans (1928), Nationality as a Scientific Problem (1929) and On German Revolution (1933). Rádl distinguishes between three types of freedom and democracy: natural, majority and contractual. Rádl asserts that only in the third type of freedom, in which freedom is connected with responsibility and the law is freedom true. He considers the first type of freedom to be anarchical freedom, which can easily be misused. The second type of freedom is better than the first, but worse than the third. The author compares these concepts of freedom and democracy then and today and shows how they are linked to the questions of justice and solidarity at national and cosmopolitan levels. (shrink)

Following the tradition of classical liberalism, Kant's political philosophy and theory of justice focus on the relation between individual freedom, as the central value of political life, and the state, whose primary normative function is both to restrain and protect individual liberty. In this accessible interpretation of Kant's political philosophy, Allen D. Rosen focuses on the relation among justice, political authority (the state), and individual liberty. He offers interpretations of the ethical bases of (...) class='Hi'>Kant's view of justice, of the structure of his taxonomy of duties, and of his understanding of social welfare legislation. Arguing against the grain of much recent scholarly commentary, Rosen asserts that Kant's principles of justice are direct corollaries of the Categorical Imperative and that Kant does not support an absolute or even near-absolute duty of obedience to governments. He also maintains that Kant has principled and important reasons for repudiating a right of revolution and that Kant is not, as he is almost always taken to be, an advocate of the nightwatchman or minimal state. The Kant that emerges from Rosen's pages is an appealing and surprisingly modern philosopher, whose preoccupation with individual freedom still resonates in contemporary political and philosophical debates, and whose attempts to define the proper limits of individual liberty remain relevant even at the end of the twentieth century. (shrink)

Although a good deal has been written about Kant's conception of free will in recent years, there has been no serious attempt to examine in detail the development of his views on the topic. This book endeavours to remedy the situation by tracing Kant's thoughts on free will from his earliest discussions of it in the 1750s through to his last accounts in the 1790s. This developmental approach is of interest for at least two reasons. First, it (...) shows that the path that led Kant to view freedom as a transcendental power that is both radically distinct from and compatible with the causality of nature was a winding one. Second, it indicates that, despite the variety of views of free will that Kant held at various times, the concept occupied a central place in his thought, because it was the point of union between his theoretical and practical philosophy. (shrink)

The view that persons are entitled to respect because of their moral agency is commonplace in contemporary moral theory. What exactly this respect entails, however, is far less uncontroversial. In this book, Van der Rijt argues powerfully that this respect for persons’ moral agency must also encompass respect for their subjective moral judgments – even when these judgments can be shown to be fundamentally flawed. Van der Rijt scrutinises the role persons’ subjective moral judgments play within the context of (...) coercion and domination. His fresh, original analysis of Kant’s third formulation of the Categorical Imperative reveals how these judgments are intimately connected to a person’s dignity. The result is an insightful new account of coercion, a novel Kantian reformulation of the republican notion of non-domination and a compelling, innovative argument in favour of retributive justice. "In this admirably clear and insightful work, Van der Rijt develops an original account of coercion and dignity. On the basis of his analysis of the relation between these two concepts, he also provides an intriguing new angle on the nature of republicanism. I recommend this book to anyone interested in freedom and power and their roles in normative political theory." Ian Carter - University of Pavia "In this carefully argued and original study Jan-Willem van der Rijt offers an analysis of coercion, a broadly Kantian argument that coercion is an affront to dignity, and an illuminating contrast with Philip Pettit's republicanism. A most welcome contribution." Thomas E. Hill, Jr. - University of North Carolina at Chapel Hill "Jan-Willem van der Rijt has written a well argued, original book that will prove to be extremely helpful for the philosophical inquiry of the relationship between coercion and human dignity as well as for the assessment of republicanism and its consequences." Ralf Stoecker - University of Potsdam. (shrink)

This paper analyzes Kant’s notorious claim that psychology cannot become a science “properly so-called”. Contrary to widespread opinion, he does not hold any of the following three implausible views: psychological phenomena cannot be mathematized, they cannot be explained in by reference to mathematical causal laws, and they cannot be dealt with in causal terms at all. Instead of claiming something about psychological phenomena, Kant argues against a specific conception of psychology: the then popular introspective psychologies. Only this reading explains (...) why he is also concerned with the possibility of psychological experiments, and it does justice to how he himself treats phenomena of thinking, willing, and so on. (shrink)

This is a very important book for Kantian practical philosophy, because it defends the essential consistency and coherence of Kant's transcendental idealism and his moral philosophy. At the same time, Allison's careful textual work along with his account of Kant's transcendental distinction between the intelligible and empirical character of human agency helps to clarify passages which have plagued some of the best interpreters of Kant's practical philosophy, such as Lewis White Beck and Allen Wood. Allison's primary objective (...) is to give a defense of Kant's incompatibilist conception of freedom which "constitutes the common thread running through all three critiques". Although he succeeds in this objective, because of his insightful and scholarly argumentation, one is still left with many questions concerning the relationship between the "two points of views" of freedom and mechanism in Kantian moral philosophy, and Allison admits he has not resolved this. (shrink)

“The relation of a trillion to unity is very clearly understood, yet so far philosophers have not been able to make the concept of freedom comprehensible in terms of their unities, i.e., in terms of their simple and familiar concepts.” That this estimation of Kant’s, formulated as early as 1764, still holds true for the state of post-Kantian philosophy becomes evident when one attempts to reconstruct the discussion of the concept of freedom, which was initiated even among Kant’s (...) contemporaries by his formulation of its problematic. The problem connected with this discussion can be understood historically as well as systematically. On the one hand, it is concerned with following the historical inheritance of the Kantian philosophy along the guiding thread of the concept of freedom in the debate between the followers and opponents of Kant. On the other hand, this historical investigation should serve to trace the systematic changes that the concept of freedom necessarily undergoes as soon as it enters a philosophical framework that is different from the Kantian. This dual perspective, under which the theme of “freedom” will be considered, offers the further possibility of marking off the temporal as well as the systematic limits of what is to be investigated here. The main philosophical interest in pursuing the modifications to which Kant’s concept of freedom was subjected in post-Kantian philosophy obviously lies in casting new light on the epochal course of thought that leads “from Kant to Hegel.” A claim to satisfy this interest is justified, however, only after one is clear about the philosophical discussion that had already begun among Kant’s contemporaries even while Kant himself was completing and working out his philosophical program. In short, the transition from the concept of freedom in Kant’s transcendental philosophy to the conception of freedom that is unique to the speculative idealism of Hegel can be explained only in light of a preceding analysis of the transformations that the Kantian theory of freedom underwent even as it was being worked out. These transformations, then, will appear at the same time as alternatives to the Kantian program. (shrink)

Kant's account of the way in which our faculty of discursive understanding acts on what is given in our sensible intuition to produce experience lies at the heart of his critical philosophy. The present study is devoted to explicating this account. Kant distinguishes the operation of discursive understanding in sensible intuition, its operation in the guise of the productive imagination, from its operation in forming clear concepts of the objects of the productive imagination. The former brings about the (...) relations of the contents of sensible intuition in space and time by representing these relations. The latter produces clear concepts in a process of comparison, abstraction, and reflection. ;In elaborating this account, I proceed first by examining Kant's contrast between intuition and concept, in order to clarify the contrast between cognition in intuition and cognition through clear concepts. I then examine Kant's reception and development of the Leibnizian account of the clarity and obscurity of representations. This examination in turn prepares the way for my reading of Kant's account of concept formation as an analytic process by which we produce the logical form of our concepts. All this serves to sharpen our understanding, not only of the relation between the two levels at which discursive understanding operates in bringing about experience, but also of Kant's central notions of consciousness and the form of cognition. Finally, I turn to examining Kant's account of the origin of the categories. I show that, on this account, the real sensible content of the categories--form of our cognition of objects--is represented obscurely in the synthesis of the productive imagination, and is brought to clarity in a process analogous to that whereby we acquire all our concepts by giving them their logical form. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Kant describes the concept of freedom as "the keystone of the whole structure of a system of pure reason, even of speculative reason." Kant's theory of freedom thus plays a foundational and unifying role in all aspects of his philosophy and is thus of significant interest to historians of Kant's philosophy. Kant's theory of freedom has also played a significant role in contemporary debates in metaphysics, normative ethics, and metaethics. This volume brings (...) historians of Kant's philosophy into conversation with contemporary metaphysicians and ethicists with the aim of representing the current state of scholarship on Kant's and Kantian accounts of freedom while at the same time opening new avenues of exploration. The Idea of Freedom includes papers by leading scholars on a range of historical and contemporary topics centrally related to the Kantian theory of freedom, including transcendental idealism, determinism, Kant's normative ethical theory, Kant's conception of cognition, Kant's theory of beauty, Kant's conception of logic, and many others. (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in (...) theMetaphysics of Morals. I argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel's Concept of Life: Self-Consciousness, Freedom, Logic by Karen NgMarina F. BykovaKaren Ng. Hegel's Concept of Life: Self-Consciousness, Freedom, Logic. Oxford: Oxford University Press, 2020. Pp. iii + 319. Hardback, $85.00.In her insightful book, Karen Ng defends the fundamental significance of Hegel's concept of life, which she considers "constitutive" not merely of his dynamic account of reason but also of his "idealist program" itself (3–4), the (...) very core structure that grounds his idealism (151, 291). Integrating this concept into his philosophy allows Hegel to resolve three systematic problems indicated in the subtitle of the book: self-consciousness, freedom or self-determination, and logical form.The book offers a systematic account of the logical concept of life by defending three interconnected claims, helpfully summarized in chapter 1. The first, rather general claim clarifies Ng's interpretive point of departure. She maintains that the "core tenets" of Hegel's philosophy can be understood through the "purposiveness theme" inherited from Kant's a priori principle of purposiveness in his Critique of Judgment (5, 43). Ng advances this claim in chapter 2, where she argues that it is working through Kant's concept of inner purposiveness of natural ends from the teleological power of judgment that leads Hegel to develop his own account of Concept, which is foundational for his entire philosophical system (61–64).Chapter 3 continues the examination of Hegel's immediate predecessors in relation to the interpretation of his "speculative identity thesis" (8), which constitutes the second claim. According to Ng, Hegel first introduces this thesis—which remains central to all his works—in the Differenzschift. In this work, Hegel, siding with Schelling, criticizes Fichte's subjective version of idealism, more specifically for his explanation of the relation between subject and object as constructed and facilitated by subjective consciousness itself, thus rendering "nature lifeless and dead" (88). Opposing this approach, in the Phenomenology of Spirit, Hegel interprets the identity of object and subject as facilitated by the relation and opposition between self-consciousness and life. Thus, the speculative identity thesis assumes a fundamental significance of life for self-consciousness. Unfolding this thesis is at the core of Hegel's absolute method in the Science of Logic as well. On Ng's reading, Hegel's speculative thesis along with his account of self-consciousness also have their roots in the purposiveness theme inherited from Kant. What is at work here is Kant's claim that the principle of purposiveness is a necessary condition for judgment, which Hegel develops into a claim about the concept of life as being constitutive for self-consciousness.In the rest of the book (chapters 4–8), devoted to a close analysis of Hegel's Science of Logic, Ng advances her third and perhaps most original claim: understanding Hegel's [End Page 527] Subjective Logic "as his own version of a 'critique of judgment'" (18). She demonstrates that this part of the Logic offers a positive account of the concept of life that Hegel develops in his critical interaction with Kant. The most illustrative in this respect is the "Subjectivity" section of the Logic, in which the form of life is presented as the ground and presupposition of Hegel's theory of concepts and judgments. According to Ng, such a reading makes evident that "life opens up the space of reasons" (234, 281).Chapter 4 takes up Hegel's immanent deduction of the Concept argument, revealing that the key to understanding it is the concept of reciprocity (Wechselwirkung) (127), most fully recognizable as an internal purposiveness of the Concept itself.Ng traces the purposiveness theme through the entirety of the Subjective Logic, establishing its significance for understanding the deduction of the Concept and for the transition to the Idea. In her analysis, she closely follows Hegel's division of the Subjective Logic and addresses Subjectivity, Objectivity, and the Idea in chapters 5–8, respectively. With chapter 5, Ng moves to a discussion of how Hegel finds judgment to arise from the "original judgement of life," the initial unity and division of subject and object within life (172). Chapter 6 extends this discussion by elucidating the tension Hegel... (shrink)

Jens Timmermann challenges the prevailing view that Kant held an intellectualist conception of moral failure, instead arguing that there are two distinct types of practical failure within Kantian ethics. The first type belongs to the domain of hypothetical imperatives, the second to the domain of categorical imperatives. The former can be regarded as an epistemological failure, while the latter is a failure of the will and is ultimately inexplicable. On his view, Kant therefore held a hybrid theory of (...) practical failure. I disagree with Timmermann’s explanation, and this for two reasons. First, Timmermann follows Socrates in denying the impossibility of incontinence in the prudential realm. In reality, however, there are many situations where the agent knows that an action will contribute to his happiness but fails to do so. In other words, there is such a thing as incontinence with regard to hypothetical imperatives. Second, Timmermann’s interpretation is based on the basic assumption that hypothetical imperatives are the embodiment not of freedom but of heteronomy. However, Timmermann sometimes admits that we act freely in the pursuit of happiness. Hypothetical imperatives, in my view, are also the embodiment of human freedom because they are the activity of the human will. (shrink)

The article is dedicated to analyzing the nature of genius in the context of the development of fiction about artists. From the biographies of the famous Renaissance artists by G. Vasari, who made one of the first attempts at chronicling the lives of geniuses of his time, to modern fictionalized biographies of genius artists – we can trace the desire of writers to comprehend the nature of the artists and sculptors’ genius. The foundation of the concept of genius can be (...) found in Immanuel Kant’s works, which synthesized theories developed previously and influenced the understanding of genius by future generations. The paper analyses the consonance of Kant’s aesthetics with the concept of genius in fictionalized biographies of F. Goya, M. Bashkirtseva, V. van Gogh, P. Gauguin, O. Novakivskyi, K. Bilokur, P. Picasso, V. Tsymbal, S. Karaffa-Korbut and other artists, while focusing on the Ukrainian texts of the 20th–early 21st centuries. The research attempts to single out and analyze elements of conceptualizing the notion of genius in novels, including the concepts of the beautiful and the sublime in art, recognition of genius in society, the gender aspect of genius, the issues of heredity, and others. The representation of the image of genius in visual arts, iconography, and the cult of genius are discussed within an intermedial framework. The research relies on literary and art criticism methodology and comparative and intermedial studies. (shrink)

The paper examines the current debates regarding the grounding of human rights in a pluralistic, culturally diverse world. It analyses the challenges which come today from certain policies of human rights which instrumentalize them under the pretext of a “global war on terror” and redefi ne them in terms of democracy promotion and regime change, as well as those challenges which come from ideologies which question the core principles of human rights and provoke the so called “crisis of legitimization.” The (...) paper argues for the necessity of restoring the genuine meaning of human rights and of the role of citizens in striving for their implementation. At the heart of the analysis is Kant’s concept of human rights as freedom. With Kant as its backdrop, the paper shows that the claim that religious worldviews provide the only intelligible foundation, as in Nicholas Wolterstorff, faces serious challenges in a pluralistic, culturally diverse world. The paper then analyzes the non-religious philosophical concepts which seek to develop an account of human rights that does not depend upon controversial metaphysical or religious doctrines. It examines an account of human rights from the perspective of discourse ethics as developed by Karl-Otto Apel and Jürgen Habermas. It also analyses the concepts of human dignity and “emerging morality” by Arturo Roig and the “ethics of liberation” by Enrique Dussel. The analysis shows the ongoing relevance of Kant’s ideas and their recent development by the theorists of discourse ethics and of dialogical and democratic cosmopolitanism. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The (...) aim of this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

This is the Dawes Hicks Lecture on Philosophy for 1967. Interestingly enough the previous year's Lecture, by G. J. Warnock, was also on Kant's moral theory. Körner is a bit more reverential toward his subject than Warnock, but not too much more. In particular, he criticizes Kant's exclusion of freedom from the realm of phenomena. This is a familiar criticism but Körner does not merely state it. He firms it up by offering a different account of (...) the relation between categoreal and phenomenal intelligibility. Kant regarded the latter as simply an expression, albeit confused, of the former: science, with an assist from transcendental logic, could be expected to recapitulate exhaustively the intelligibility of phenomenal experience in categoreal and, most importantly, deterministic terms. Körner's account of the relation between these two forms of intelligibility stresses, on the contrary, the logical discontinuity between the two. In the language of contemporary philosophy of science, the relation between experience and theory is instrumental. Körner has developed his basic argument more clearly and sophisticatedly in the last two chapters of his Experience and Theory, and his application in this lecture of its essentials to Kant, although certainly appropriate, is not very smooth. It is cluttered up with a lot of miscellaneous observations which could be harmonized in a longer study of Kant but only tend to distract here.--E. A. R. (shrink)

The present exposition has the following structure. In the first part,, I will synthetize some of the criticisms of Rawl’s conception of subject, or self; in the second part, I will scrutinize a 1963 paper by Rawls entitled “The sense of justice”, and hope to show, on the basis of this text, that one cannot say that the Rawlsian moral being is a being without flesh, blood or life, as critics have suggested, following in the footsteps of criticism (...) from Hegel to Kant; third, I will examine excerpts of TJ that deal, directly or indirectly, with the concept of subject; finally, I will look at papers published after TJ that may be relevant to the present topic. (shrink)

Matthew Caswell - The Value of Humanity and Kant's Conception of Evil - Journal of the History of Philosophy 44:4 Journal of the History of Philosophy 44.4 635-663 Muse Search Journals This Journal Contents The Value of Humanity and Kant's Conception of Evil Matthew Caswell Recent years have seen the development of a powerful reinterpretation of Kant's basic approach in ethical thought. Kant, it is argued, should not be read as defending the stark, metaphysics-laden formalism (...) for which his theory is so famous. Rather, the reinterpreters claim that the heart of Kantian practical philosophy is the absolute value of humanity, or human rational nature. Kant's ethics can thus be understood as a "theory of value," in which the singular value of our own end-setting capacity as rational agents is taken as supreme, or even as the source of all value. On this reading, morality is just acting in such a way that respects or promotes the value of humanity. Moreover, this value may be deduced through an immanent, regressive argument about the conditions of practical agency as such, according to which any adequate conception of ourselves as agents commits us, finally, to moral norms. The consequences of this approach to Kantian ethics for such central issues as the doctrine of transcendental freedom, ethical formalism, the meaning of Kantian deontology, and indeed the very picture of human moral life for which Kant's theory is meant to account are profound... (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based (...) labour relations. Because the ideal of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

At a time when the analytic/continental split dominates contemporary philosophy, this ambitious work offers a careful and clear-minded way to bridge that divide. Combining conceptual rigor and clarity of prose with historical erudition, A Thing of This World shows how one of the standard issues of analytic philosophy—realism and anti-realism—has also been at the heart of continental philosophy. Using a framework derived from prominent analytic thinkers, Lee Braver traces the roots of anti-realism to Kant's idea that the mind (...) actively organizes experience. He then shows in depth and in detail how this idea evolves through the works of Hegel, Nietzsche, Heidegger, Foucault, and Derrida. This narrative presents an illuminating account of the history of continental philosophy by explaining how these thinkers build on each other's attempts to develop new concepts of reality and truth in the wake of the rejection of realism. Braver demonstrates that the analytic and continental traditions have been discussing the same issues, albeit with different vocabularies, interests, and approaches. By developing a commensurate vocabulary, his book promotes a dialogue between the two branches of philosophy in which each can begin to learn from the other. (shrink)

This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer (...) solutions for the complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state. O presente artigo tenciona contribuir a esclarecer uma questão, tão complicada quanto polêmica, no âmbito da teoria kantiana do Estado de direito. Pretendo submeter à discussão se a teoria racional de Kant sobre o Estado legal sustenta ou rejeita o fato de que certas situações sociais excepcionais, como a extrema pobreza de uma parte da população, requerem o apoio institucional do Estado para garantir a consecução de um limiar mínimo de independência civil. Proponho-me os três seguintes objetivos: 1) argumentar a capacidade da doutrina kantiana do direito para propor soluções para a difícil relação entre economia e política, no tempo presente; 2) mostrar que o ponto de vista pragmático que Kant adota quando analisa as preocupações sociais do Estado recusa a ideia segundo a qual Kant sustenta uma concepção abstrata da política e 3) sugerir a tese de uma teoria não paternalista do Estado de direito sem ter que renunciar necessariamente aos princípios básicos do welfare state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant’s Critique of the Power of Judgment: Critical EssaysTed KinnamanPaul Guyer, editor. Kant’s Critique of the Power of Judgment: Critical Essays. Lanham, MD: Rowman & Littlefield, 2003. Pp. xxiii + 253. Cloth, $75.95. Paper, $27.95.The volume under review is a collection of essays on a wide range of topics concerning Kant's Critique of the Power of Judgment. All the papers included here have been published previously, although (...) many of them in places where they might not be easily accessible to English-speaking philosophers. While some of the articles will be familiar to Kant scholars, this collection should be useful to specialists and valuable to students first delving into the third Critique.One essay in the volume, Guyer's own piece on "Kant's Principles of Reflecting Judgment," will be of particular interest to Kant scholars. Guyer's thesis here is that the account of reflecting judgment Kant offers in the Critique of the Power of Judgment is both continuous with the account of regulative principles of reason in the Critique of Pure Reason and the basis of the unity of the third Critique as a whole. He supports this by demonstrating how each of the sorts of judgment discussed in the work can be seen as an application of the broader account of reflecting judgment in general. Guyer identifies five such applications, and shows that each of them has three features central to regulative principles: they set a goal of constructing a system within a certain specific range of cognitions; they require the suitability of objects for attainment of the goal in question, and thus are transcendental [End Page 499] and not merely logical principles; and they supply heuristic advice for the investigation of nature. Thus every form of judgment can with justice be considered as an instance of the general activity of reflecting, that is, finding a universal for a given particular.Several of the essays included here concern the most prominent issues relating to the Analytic of the Beautiful. Nick Zangwill's piece deals with the disinterestedness of aesthetic judgment, while Christopher Janaway's "Kant's Aesthetics and the Empty Cognitive Stock" debunks what he sees as misguided readings of the role of concepts in judgments of taste. In "The Idealism of Purposiveness," an excerpt from his 1993 book Kantian Aesthetics Pursued (Edinburgh, 1993), Anthony Savile criticizes what he calls the "established reading" of Kant's claim that beautiful objects exhibit "purposiveness without purpose." On this reading, to say that a thing is purposive without purpose is to say that it appears to be designed, but to no particular purpose. Savile argues instead that we should take purposiveness without purpose to indicate that an object is suitable for a function, but not as a result of conscious design. Articles by Eva Schaper (from her well-known book on Kant's aesthetics) and Malcolm Budd discuss the distinction between free and dependent beauty and the account of the sublime, respectively.Some of the other selections in the volume are interesting for their focus on somewhat neglected aspects of the third Critique. One such aspect is the role of the imagination in Kant's account of aesthetic appreciation, and by extension in cognition more generally. In "Imaginative Freedom and the German Enlightenment," Jane Kneller argues that appreciation of the role of imaginative freedom in Kant's account of aesthetic judgment helps to connect Kant to the Enlightenment rationalist tradition that saw the value of art in its ability to educate and improve those who appreciate it. This education cannot, of course, be of the most straightforward nature, since Kant emphatically argues that to judge a thing beautiful is altogether different from judging it morally good. Instead, Kneller argues, our awareness of our own imaginative freedom provides us with evidence of our ability to realize the "highest good" on earth, evidence otherwise denied us in Kant's philosophy. Also addressing the theme of imagination is Donald Crawford's "Kant's Theory of Creative Imagination," in which he points out striking parallels between Kant's account of the imagination's role in mathematics and in the creation of fine art.Another aspect of Kant... (shrink)

John Stuart Mill's theory of justice has received less critical attention than many other features of his work, and yet it constitutes a crucial part of his project to rebut Kant's and other Continental thinkers' charge that British empiricism is incapable of cultivating a genuine morality. Here I explain that the problem of justice preoccupied Mill throughout his lifetime, and that wrestling with this question directly contributes to Mill building bridges between British empiricism's and Kant's (...) conception of the moral conscience, empiricism and romanticism's moral psychology, and empiricism's naturalized morality and Rousseau and Kant's separation of morality and nature. Mill's reflections on the character of justice also lead him to an ever more fundamental examination on the nature of liberty. (shrink)

It is clear that Kant's theory of motivation plays a central role in his ethical theory as a whole. Nevertheless, it has been subjected to many interpretations: (i) the 'orthodox' interpretation, (ii) the 'Aristotelian' or 'Humean' interpretation and (iii) the 'rationalist' interpretation. The first part of the thesis aims to provide an interpretation of Kant's theory of rational agency and motivation. I argue that the 'orthodox' and 'Aristotelian' interpretations should be rejected because they are incompatible (...) with Kant's conception of freedom, defending an account of Kant's position that goes along the lines of the rationalist interpretation. I show that Kant's theory of motivation is committed to a form of cognitivism, that is, the cognitive aspects of a motive are always the active factors in motivation. In Kant's terminology, the motives are provided by the agent's maxims, which express the reasons from which the agent acts. This part of the thesis examines Kant's theory of imperatives and his theory of motivation for cases of permissible, moral and immoral action. I conclude that in Kant's system, three levels of moral assessment can be distinguished: (i) rightness, (ii) moral worth, and (iii) virtue. However, my interest in Kant's theory is not merely exegetical; thus, the second aim of the thesis is to place Kant's position within the context of the following contemporary debates in metaethics: (i) debates about the relation between moral judgement and motivation, and (ii) debates about the nature of reasons for action, arguing that the Kantian position still represents an attractive philosophical view today. In relation to (i), I argue that Kant is committed to a form of motivational internalism, reconstruct Kant's argument for this view and reply to some possible externalist objections. In relation to (ii), I claim that since Kant's conception of reasons, based on the concept of maxims, differs from an internal conception of reasons (i.e., a conception that identifies reasons with the agent's desires), and from an external conception of reasons (i.e., a conception of reasons that identifies reasons with facts of the agent's situation), the term volitionism should be reserved to describe Kant's position. (shrink)

The paper presents the moral conception of Charles Taylor as developed in his fundamental work Sources of the Self. The Making of Modern Identity, in which he tries from the perspective of modernized aristotelism to transform several assumptions of modern moral philosophy. Taylor's conception is based on ontologically rooted human action, putting stress at the same time on the individual freedom and the differences among individuals. From the idea of particular, self-creative beings it follows, that the questions (...) of our moral inclinations can not be answered simply in terms of universality. Each of us has his/her original way of living a good life. Taylor's moral conception stands between a deontologically oriented Kantian ethics with its emphasizing justice and individual rights and an Aristotelian ethics of a theleological self-affirmation with its priority of community and communal good. (shrink)

Rather than approaching Kant's moral theory in the normal way through a consideration of The Groundwork of the Metaphysics of Morals and The Critique of Practical Reason, I do so from the perspective of an extended analysis of other aspects of his work that bear on his moral philosophy . Consideration of the Doctrine of Right suggests that the universal principle of Right Kant identifies is a restricted version of the CI applied to the limited domain of relations (...) between persons at issue in this context. Given that duties of Right deriving from this principle are also regarded as perfect ethical duties, an analysis of the nature and scope of the universal principle of Right can, I argue, be expected to be informative with respect to our understanding of perfect duties and the contradiction in conception from which these are said to derive. Allowing for the more limited scope of merely external duties of Right, analysis of these duties suggests that ethical duties of Right are obligations concerned with ensuring the capacity of rational agents to govern themselves on the basis of reason . This kind of analysis, I argue, is both confirmed and clarified by Kant's subsequent discussion of perfect and imperfect duties of virtue we owe to ourselves under the rubric of concerns with our moral health and moral prosperity. ;The resulting view is, I claim, a promising one that allows us to integrate the different treatments of duties in these two works and accommodate the various duties Kant discusses. In particular, understood in terms of the notions of moral health and prosperity, the concerns engendered here require careful consideration of the particular nature and psychology of human agency and yield a much more subtle and interesting account of duty and of the moral life than those typically associated with Kant. (shrink)

Although the name of Immanuel Kant has survived in the history of culture as the name of one of the greatest philosophers of modern times, Kant's role as a scientist is also very important. His work in the field of cosmology and physics is directly related to philosophy. Kant's development of the transcendental method was a direct result of thinking about the relationship between mathematics and experiment. Transcendentalism and Kant's theory of subjectivity continue the development of (...) physics from Galileo to Newton and Leibniz. This is especially true of his theory of space and time. All this should have turned transcendental aesthetics into a turning point in the development of mathematical natural science. However, in practice, the alienation of the natural sciences from philosophy has only intensified. An analysis of the scientific revolution at the beginning of the 20th century shows the enormous role of Kant's ideas in it in repulsing scientists from Kantianism. Weinert, a researcher of the relationship of 20th century physics to Kant's philosophy, shows that Einstein, being a Kantian as a philosopher, opposed Kantianism as a physicist. He enthusiastically accepted the Kantian idea of the autonomy of theoretical knowledge, but did not accept the concept a priori. An approach in which experience and theory do not precede each other, but are in constant interaction, is defined in the article as experimental transcendentalism. With the methodological difference between physics and philosophy, the concept of space and time in modern physics has a deep similarity with the transcendental doctrine. The definition of the qualitative structure of space (Analysis Situs), including the theoretical substantiation of its three dimensions, was the subject of reflections of scientists from Galileo, Leibniz and Kant to Einstein and Poincaré. (shrink)

Kant’s theory of freedom, in particular his claim that natural determinism is compatible with absolute freedom, is widely regarded as puzzling and incoherent. In this paper I argue that what Kant means by ‘freedom’ has been widely misunderstood. Kant uses the definition of freedom found in the republican tradition of political theory, according to which freedom is opposed to dependence, slavery, and related notions – not to determinism or to coercion. Discussing Kant’s accounts (...) of freedom of the will and freedom of the agent in turn, I argue that this insight sheds new light on Kant’s transcendental compatibilism and suggests novel responses to age-old objections. (shrink)

The concept of freedom is one which Hegel thought of very great importance; indeed, he believed that it is the central concept in human history. ‘Mind is free’, he wrote, ‘and to actualise this, its essence – to achieve this excellence – is the endeavour of the worldmind in world-history’. Those who already have an interest in Hegel will doubtless be interested in his views on a topic which he thought so important; on the other hand, the many philosophers (...) who are either indifferent to or hostile to Hegel may point out that it does not follow that, because the subject of freedom interested Hegel, his views about this subject are of general interest. It will be the aim of this paper to show that they are of general interest; in the meantime, it may be recalled that Isaiah Berlin has argued that Hegel's concept of freedom is one of a type, called by him the concept of positive freedom, which is ‘at the heart of many of the nationalist, communist, authoritarian and totalitarian creeds of our day’. It will surely be worth while to see to what extent this is true of Hegel, and to what extent Hegel's views about freedom are true. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 459-461 [Access article in PDF] The Heart of What Matters. The Role for Literature in Moral Philosophy,by Anthony Cunningham; x & 296 pp. Berkeley: University of California Press, 2001, $60.00 cloth, $24.95 paper. Despite Socrates's rejection of the written word as a source of insight in the Phaedrus, a number of theorists have in recent years sought to find a role for literature (...) in critical thought. Anthony Cunningham's The Heart of What Matters joins a list of works that includes Richard Rorty's Contingency, irony and solidarity, Richard Posner's Law and Literature, and Martha Nussbaum's Poetic Justice. Whereas a number of these previous books have sought to articulate a public role for literature, Cunningham is more concerned with private philosophical reflection, specifically with the ways in which literature might help us reflect upon Socrates's dual questions "How should I live?" and "What sort of person should I be?" (p. 9). It is, nevertheless, appropriate to mention Cunningham's work in conjunction with these other texts because The Heart of What Matters faces a number of similar problems arising from what it means to read literature with an eye towards generating critical thought.The first part of the book consists of three chapters in which Cunningham sets out his conception of ethics, the role of a convincing ethical theory, and his account of what it means to "read for life." This last chapter is, by his own admission "fairly sketchy and theoretical" (p. 69), but he attempts to compensate for this in the second part where he offers—as a means, perhaps, of "showing by doing"—detailed, philosophically motivated readings of literary works by three authors: Kazuo Ishiguro, Toni Morrison, and Zora Neale Hurston. Like many of those who write about literature and ethics—including Wayne Booth and Martha Nussbaum—Cunningham's conception of ethics is "Aristotelian in spirit" (p. 5), as such it is no surprise to find that his "primary targets" in ethical theory are "Kant and Kantian ethics" (p. 4). Kant's theory of morality and indeed its various modern formulations—formulations Cunningham critques in some detail—are, he says, simply insufficient for capturing the nuances of our lived experience. Theories that focus on some underlying principle of morality are, he suggests, too abstract to help us answer Socrates's questions about the best way to live. By contrast, literature can, Cunningham argues, provide us with insight into the complexities of modern living. In a passage that is strongly reminiscent of Poetic Justice, Cunningham asserts that literature can "filter moral experience by heightening our attention to what should be morally salient and by directing us away from less crucial elements that can distract us from more important things" (p. 84). Similarly, in a passage that further echoes Nussbaum, Cunningham suggests that "literature can help us diagnose by taking us places that are difficult and even impossible to visit, much less understand in actual experience" (p. 85). Central to his overall argument is the suggestion, also common to Nussbaum and Rorty, that the [End Page 459] "right kind of novel" can "help us refine our moral vision by giving us a studied opportunity to practice seeing and appreciating diverse ethical lores" (pp. 84-85). It is, however, this suggestion that reading is some sort of moral exercise that proves problematic for almost all work on literature and philosophy.If literature is indeed a way for us to practice exercising our moral powers, then it is not clear why philosophers such as Cunningham, Nussbaum, and Rorty lavish so much attention on their own reading of texts. Reading about reading is not, I wish to suggest, the best way to exercise this moral capacity: it is rather like expecting to benefit from watching somebody else exercise. Instead of offering us a theory of reading which might allow us to engage in this exercise ourselves, Cunningham simply gives an account of his own experience. In this way, the subtitle of Cunningham's book, "The Role for Literature in... (shrink)

The problem of human freedom have been addressed by al-Mutakallimūn (Islamic theologians) in the context of human acts and discussed from the point of view its relation with the will and other elements. At this point, whether the human has will and power in his own act, the limits of his will and power, the role of human in the act and his responsibilities have prompted to different debates. The theory of tawlīd put forward by Mu‘tazila is very (...) crucial in terms of determining the scope and limits of the freedom of human in acts. Mu‘tazila’s tawlīd theory defenses based on two important reasons. The first is to present the nature and limits of the acts that man did them outside himself. The other is to explain the relationship of human with such acts with regards to moral responsibility. Because both issues are very important in the principle of justice of Mu‘tazila. The effort to put the cause-effect relationship of human with his acts in terms of tawhīd and justice on the rational and moral ground is the reason for emergence of the theory. In this respect, the purpose of this theory which enables establishing a causality relationship between the human act and nature is aimed at the justification of freedom and responsibility between agent (fā‘il) and act.In this study, firstly, the definition of the concept of tawlīd and its meaning area have been presented and tackled the discussions about the agent of indirect acts. And then it has been discoursed upon the criticisms of Ahl al-Sunna about the subject of tawlīd. The subject has been outlined in the context of the intellectual discussion between Ahl al-Sunna and Mu‘tazila which constitute the dominant part of theological dispute tradition. In this respect, the main purpose of the study is to reveal how the limits of indirect actions belonging to human by force of freedom and moral responsibility are drawn and understood.Although they did not have a uniform thought about the topic, Mu‘tazila theologians who accepted semi-determinism in the theory of tawlīd acknowledged the existence of natures in the substances. Those who admitted the reason as a means of the act did not approve this. By accepting the continuity of the accidents in the acts, they twisted together the voluntary acts and the natural acts, and accepted that directly acts were realized through the human will and the other according to the principle of necessity. According to Mu‘tazila, causes are only means. Hence, the act emerging as a result of the means is the act of the agent who used this means to reach the result, not the means. Therefore, man is the agent of engendered acts and responsible for all kinds of acts that arise as a reflection of the will and their consequences. While Ahl al-Sunna has directly associated the action of man and all its consequences with the power of Allah, Mu‘tazila has based these actions on the power of man, which Allah has created in man and has been the source of the acts. Contrary to Mu‘tazila, the continuance of power which are not a constant accident is not possible for a second act from the point of Ahl al-Sunna since they have accepted the idea that the accidents will not be continuous. In this respect, according to Ahl al-Sunna, there is no compulsory relationship between the agent that caused the formation of the acts and the result supervening from them. They did not accept the idea of tawlīd, which its meaning is that accident gives birth to accident, because it would oblige the relationship between cause and effect. Because this relationship, which Mu‘tazila gives the name of tawlīd in human acts, is made up for that Allah has created His laws right after the orientation of human to the cause. In this respect, Ahl al-Sunna thinkers rejected tawlīd because it would mean attributing an act to an inanimate being and require a mandatory relationship between cause and effect in the functioning of the universe. Although the result does not occur with his own act when the person applies to the cause, he is responsible for his act because it is related to the person who did it. Māturīdī tradition did not accept the acts that emerged as a result of tawlīd as the production of man, but they tried to establish a balance by holding the person responsible because he is the reason for the outcome that emerged. As for the Ash‘arites, they avoided giving a real effect of the will and power to the causes by considering that created will and power is only a locus in the emergence of the act. The person has no effect on his act except for directing his will to that act and his behavior which will make the person responsible is based on this will. (shrink)

This paper aims to pay tribute to Figal’s comprehensive and innovative analysis of the artwork and beauty, while challenging both his realist position on the immediacy of meaning and his monist stance that reduces sublimity to beauty. To enquire into the origin of aesthetic feelings and sense, and thus, to break the hermeneutic circle, we first trace the origin of this reduction to the reception of Burke’s concept of the sublime by Mendelssohn and Kant. We then recur to Husserl and (...) Dufrenne to trace the origin of the sense of the feeling of sublimity in the realm of affectivity or sensuousness. This genesis takes place in passive experience, where we identify an excess of sensuous sense over categorial meaning that is constitutive of the affective sense that our bodily sensations give to hyletic material. It is argued that this sensuous excess evokes a sublime experience in the phenomenological sense, involving an affective and disruptive bodily experience and an endless process of sense formation. Affective or sensuous sense is thus an event that irreversibly affects the bodily surface. To elucidate this phenomenon, we draw on the theoretical framework of Breton and Bataille, positing it as a form-transgressive ‘convulsive’ sublime, which we then illustrate in the architectural works of Tschumi and Eisenman. In short, we have retrieved the origin of aesthetic experience and redefined the feeling of the sublime as a phenomenological ‘convulsive’ sublimity. (shrink)

In this dissertation it is argued that Kant's critique of Leibniz as found in the amphiboly chapter of the Critique of Pure Reason derives from his theory of reflection. It is argued further that this unfocused and fragmentary amphiboly chapter, which contains the Leibniz-critique, can be seen to have a previously unsuspected unity to it. The keys to perceiving this unity are the appendix's purpose, structure and mosaic composition. ;The primary purpose of the appendix is not to present (...) Kant's criticisms of Leibniz as is commonly thought, but rather it is to sketch his theory of reflection. Not only is this attested to by Kant himself , it is also made evident by the structure of the appendix. Structurally, the appendix is built around an introduction to the operation of transcendental reflection and a discussion of the concepts of reflection, this being the structure of each of the first three sections. By means of each pair of concepts of reflection Kant claims to summarize the basic tenets and origin of Leibniz's philosophy. Kant also claims that Leibnizls whole philosophy rests on one seminal error, which will be shown to be the omission of the operation of transcendental reflection. To be sure, Kant claims Leibniz made a number of other errors, but these various errors all derive from the omission of transcendental reflection. ;While this omission can be used to explain the other more well-known epistemological mistakes with which Kant charges Leibniz, it is undeniable that there are certain textual difficulties with the appendix. These can be dealt with by the hypothesis that the different sections were composed at different times and than pieced together without detailed revisions. If such a mosaic composition is granted, then some allowance can be made for the noticeable incongruities between these sections and for occasional problematic passages. This does not, however, warrant the claim that the appendix is not properly placed or unimportant. On the contrary, supplemented by clearer statements of Kant's theory of reflection and of his Leibniz-critique, the following interpretation shows that the appendix is properly placed and integral to the primary aims of the Critique of Pure Reason. (shrink)

This article explores Hegels concept of education within the context of his idea of ‘second nature’. Hegel believes that institutional life forms, which have been formed through education, culture, technical and social progress, constitute the ‘second nature’ of human beings. The immediacy of institutional forms which act as humans’ ‘second nature’ is the product of social and cultural mediation. The phenomenon of morality is here of central importance, because through morality the natural arbitrariness of the will is transformed and the (...) substantial spirit of freedom prevails. In Hegel’s opinion, human individuals differ from animals on account of education ; only through education does the human being become that which he should be. Bildung is a ‘formatio’ of the personality, which transcends particular knowledge, because it enables one to make a judgment concerning relationships and objects of our experience. By education human beings achieve the ability to raise themselves up from the concrete to the universal. We become conscious thereby that we exist within the ‘realm of the spirit’ and educate ourselves from its abundance. (shrink)

In this paper, I explicate Kant’s theory of virtue and situate it within the context of theories of virtue before Kant (such as Aristotle, Hobbes, and Hume) and after Kant (such as Schiller and Schopenhauer). I explore Kant’s notions of virtue as a disposition to do one’s duty out of respect for the moral law, as moral strength in non-holy wills, as the moral disposition in conflict, and as moral self-constraint based on inner freedom. I distinguish between Kant’s (...) notions of virtue and of the good will. I discuss Kant’s duties of virtue (and so particular virtues and vices), the relationships between virtue and happiness and virtue and the emotions, and Kant’s criticisms of his predecessors’ views of virtue. I close with a discussion of Kant and contemporary virtue ethics. Although the paper reflects my own interpretation of Kant, it strives less to argue for a particular thesis about Kant on virtue than to illuminate important aspects of Kant’s theory of virtue. (shrink)

This work makes the revisionist claim that "the theory of mind in the Critique [of Pure Reason] is much more traditional and rationalistic than it at first appears, but that it is also more defensible than is generally recognized". Specifically, Ameriks aims to show that "Kant can be seen as wanting, above all else, to put... into a respectable form" the "core of the rationalist commitment" "to the idea that we have a special kind of identity that can withstand (...) all the kinds of change that ordinarily spell the end of ordinary objects". But, first, Ameriks's account of the "core of the rationalist commitment" is maddeningly vague and unstable--indeed, Ameriks's conception of rationalism is so ill-defined that at one point skepticism about the external world is treated as a part of rationalism rather than as the very much undesired consequence of certain Cartesian premises which Kant thought it to be!--and the discussion is damagingly ahistorical. Ameriks does emphasize the developmental dimension within Kant's own work, ranging over the whole of Kant's published corpus and mining the various lecture courses on metaphysics which have now been gathered together as volume 28 of the Berlin edition of Kants gesammelte Schriften. But his picture of rationalism itself and its characteristic arguments is undifferentiated and undocumented, and this leads to the misconception that Kant thought that some theoretical defense of rationalist theses could still be maintained while what are merely some possible arguments in their behalf were criticized; but some review of Leibniz, Wolff, Baumgarten and Meier would surely have shown that Kant was criticizing all of the chief arguments for the rationalist conception of the soul known to him, and attention to Kant's own claim for the completeness of his presentation of these natural and inevitable illusions of human reason could have suggested only that Kant himself thought that these were all the theoretical arguments for a rationalist philosophy of mind there could be. Second, it is questionable whether Ameriks's view really revises our standard reading of Kant's conclusions at all. The gist of Ameriks's argument is that in spite of Kant's specific criticism of the paralogistic arguments of pure psychology, Kant retained a favorable attitude toward the theoretical and not just practical postulation of such properties as immateriality and transcendental freedom at the noumenal level--but this turns out to mean little more than that Kant accepted his own transcendental idealism. This is hardly revolutionary, and the interest of the point is far from strengthened by Ameriks's own conclusion that transcendental idealism cannot be fully proved. (shrink)

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With (...) that in place, it briefly discusses the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant’s Early Critics on Freedom of the Will ed. by Jörg Noller and John WalshDai HeideJörg Noller and John Walsh, editors. Kant’s Early Critics on Freedom of the Will. Cambridge: Cambridge University Press, 2022. Pp. xlvii + 297. Hardback, $105.00; paperback, $32.99.This volume collects new (and in many instances the first) English translations of eighteen works—by Johann Fichte, Salomon Maimon, Karl Reinhold, August Heydenreich, and Hermann (...) Pistorius, among others—that engage with Kant’s critical theory of freedom as it is encountered in his three Critiques and other writings from the late 1780s and early 1790s. The essays were written between 1786 and 1800. Noller and Walsh open the volume with a thorough and penetrating introduction to Kant’s historical context, Kant’s theory of freedom, and the newly translated essays themselves. Given how central Kant’s theory of freedom is to every aspect of his systematic philosophy, and how intensely scholars have focused upon it in recent decades, this volume is a welcome addition to the existing literature. Not only is it important to have these essays translated into English, but it is also helpful to have them collected in a single volume. This volume will thus be an invaluable resource, and not merely for English-speaking scholars of Kant. For considerations of space, I cannot discuss every essay in the volume. Instead, I emphasize those contributions that strike me as especially noteworthy or relevant to contemporary discussion.The standout of the first group of essays, on “Freedom and Determinism,” is the contribution by Hermann Andreas Pistorius (1730–98), which reinforces his status as one of Kant’s most trenchant Leibnizian critics. Pistorius subjects Kant’s account of “the concept of freedom itself, its origin, its content, and its objective validity” to a withering critique, contending that this is “the most obscure aspect of his system” (5). Pistorius raises the now familiar worry that Kant’s relegation of transcendental freedom to things in themselves violates his own epistemic strictures. He goes on to argue that even if this worry can be evaded, we must “assume that the human being’s actually free actions (which likewise are things in themselves) appear as necessary to him, as a thing in itself ” (8). In other words, our representations of deterministic sequences are representations of things in themselves “obscured and distorted by the fog of sensibility,” which renders Kant’s philosophy ultimately a version of “the Leibnizian idealism which the author so strongly rejects” (8). Also of note here is the set of careful objections by Johann August Heinrich Ulrich (1746–1813) to the notion of timeless agency that appears to be required for Kant’s account of transcendental freedom, an issue that remains alive and well in contemporary discussions of transcendental freedom.The section on “Freedom and Imputability” begins with two contributions by Carl Christian Erhard Schmid (1762–1812), who contends that only morally good actions are imputable, a claim he takes to be grounded in the doctrine of intelligible fatalism: “the [End Page 669] assertion of the natural necessity of all actions of a rational being according to laws of the causality of things in themselves” (78). Johann Christoph Schwab (1743–1821) responds directly to Schmid’s intelligible fatalism in two essays published in the Philosophisches Archiv. The first essay criticizes Schmid’s endorsement of Kant’s appeal to “a supersensible I in addition to the empirical I” (84, emphasis in original). He contends that this requires Schmid “to attribute predicates to the rational I that elevate it to the rank of the deity” (86). In the second essay, Schwab responds directly to Schmid’s intelligible fatalism, arguing that intelligible fatalism is not superior to ordinary determinism. He concludes by speculating that Schmid’s intelligible fatalism is “at bottom identical with Leibnizian-Wolffian determinism” (91). This section of the book concludes with the attack moved by Karl Leonhard Reinhold (1757–1823) against intelligible fatalism, which Reinhold sees as incompatible with fundamental aspects of the critical philosophy.Each of the essays in the third section, on “Freedom and Consciousness,” takes up Kant’s discussion of the “fact of reason” in his... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Atonement, Justice, and Peace: The Message of the Cross and the Mission of the Church by Darrin W. Snyder Belousek, and: Restorative Justice: Theories and Practices of Moral Imagination by Amy LevadDana ScopatzReview of Atonement, Justice, and Peace: The Message of the Cross and the Mission of the Church DARRIN W. SNYDER BELOUSEK Grand Rapids, MI: Eerdmans, 2012. 668 pp. $55.00Review of Restorative Justice: (...) Theories and Practices of Moral Imagination AMY LEVAD El Paso, TX: LFB Scholarly Publishing, 2012. 300 pp. $80.00In Atonement, Justice, and Peace and Restorative Justice, the authors advocate for a restorative conception of justice, which they oppose to the “normal” retributive concept. Amy Levad draws on Aristotle and the virtue ethics tradition to write about “moral imagination” and restorative justice. Darrin Belousek uses Thomas Kuhn’s language to write about a “paradigm shift” in our understanding of theological themes relevant to restorative justice. Both contrast the restorative imagination or paradigm with a retributive one, although Levad also contrasts restoration with rehabilitation. Levad limits her study to restorative justice as [End Page 214] practiced in the criminal justice system, while Belousek expands his work to consider the Bible, theology, and multiple issues in society and in the church.Levad begins her book by discussing Aristotle’s idea of justice as equity, which she points out requires more discernment from judicial decision makers than it requires the algorithmic application of laws. In order for them to enact justice as equity, she argues, decision makers need a “vivid and expansive” moral imagination. Toward this end, she brings together two traditions: Aristotelian virtue ethics and modern literature on moral imagination. At the heart of her work is an ethnographic study intended to determine whether there are practices of restorative justice that can foster such a vivid and expansive moral imagination. After observing and interviewing participants in restorative justice programs in Colorado, Levad examined the narratives, metaphors, and symbols they used in order to determine whether and how they demonstrated a distinctively restorative moral imagination. Because the scope of her study was limited, and because she had difficulty getting a wide spectrum of roles involved in restorative justice to participate in the study, Levad’s results are more suggestive than conclusive. She acknowledges that we cannot generalize from them; although she draws on research methods from sociology and criminology, her findings do not meet their standards of evidence. Thus, the book’s greatest value lies in the recommendations it makes for further study. Empirical studies of the effectiveness of restorative justice practices have tended to focus on either reducing recidivism or the satisfaction of participants with the process. Levad brings to the fore two questions that have so far not been explored in previous research. First, how do restorative justice practices affect the moral imagination? And second, what effect might those practices have on ethical discernment? Her book takes some hopeful initial steps in addressing those questions.Although Levad writes as a Christian ethicist, she did not explicitly incorporate theological reflection into her study of state-sponsored programs. Belousek, by contrast, takes on an explicitly theological project of evaluating how interpretations of the significance of the cross of Jesus interact with such things as support for capital punishment, just war, and market economics. Since Belousek’s book is wide-ranging, this review will concentrate on the task it has in common with Levad’s book: that of reconceptualizing justice.In a fashion parallel to Levad’s use of Aristotle’s notion of justice as equity, which sometimes departs from strict legal justice, Belousek cites Paul’s vision of God’s justice “irrespective of” or “apart from” the law (372). Belousek begins by linking penal-substitutionary atonement theory to capital punishment, just war, and exchange economy in a single “paradigm,” arguing that they are all under-girded by what he calls the “Retributive Principle” (28). He then challenges this paradigm’s appropriateness for Christianity on biblical and doctrinal grounds. After examining arguments in favor of penal-substitutionary atonement in detail—drawing on the works of J. I. Packer and Thomas Schreiner, among [End Page 215] others—he turns to the scriptures cited in support... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's Critical (...) philosophy and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.Justice and law are thereby grounded upon a new, distinctly political conception of [End Page 305] human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index... (shrink)

A central aim of the contemporary reductive scientistic project is the task, inherited from the French Enlightenment, of producing a machine model of man. Cognitive science is the attempt at that most difficult part of this project, namely, to do for mind what Newton had already allegedly done for corporeal nature. Kant has recently been claimed as a precursor of this French project. The most detailed picture of a cognitive-scientistic Kant is defended by Kitcher. Contra Strawson, she claims that in (...) his transcendental psychology Kant is “offering hypotheses about the mechanisms that carry out [cognitive] tasks.”. (shrink)