Kant famously insisted that “the idea of the will of every rational being as a universally legislative will” is the supreme principle of morality. Recent interpreters have taken this emphasis on the self-legislation of the moral law as evidence that Kant endorsed a distinctively constructivist conception of morality according to which the moral law is a positive law, created by us. But a closer historical examination suggests otherwise. Kant developed his conception of legislation in the context of (...) his opposition to theological voluntarist accounts of morality and his engagement with conceptions of obligation found in his Wolffian predecessors. In order to defend important claims about the necessity and immediacy of moral obligation, Kant drew and refined a distinction between the legislation and authorship of the moral law in a way that precludes standard theological voluntarist theories and presents an obstacle to recent constructivist interpretations. A correct understanding of Kant's development and use of this distinction reveals that his conception of legislation leaves little room for constructivist moral anti-realism. (shrink)

Marcus Willaschek and I have argued against the widespread assumption that Kant claims the Moral Law—the supreme principle of morality—is (or must be regarded as) ‘self-legislated’. We argue that Kant instead describes the Moral Law as an _a priori_ principle of the will. We also argue that his conception of autonomy concerns not the Moral Law but substantive moral laws such as the law that requires promoting the happiness of others. In the present essay, I respond to the commentary (...) by Alyssa Bernstein and Christoph Hanisch. In response to Bernstein, I clarify the relation between our interpretation of Kant and those proposed by John Rawls and Allen Wood. In response to Hanisch, I argue, among other things, that Kant’s defense of the thesis that the Moral Law is an a priori principle of pure practical reason does not mean that practical reasoning and reasons-based action are impossible without it. It means rather that _morally good_ and _morally evil_ reasons-based action are impossible without it. (shrink)

Within Kantian ethics and Kant scholarship, it is widely assumed that autonomy consists in the self-legislation of the principle of morality. In this paper, we challenge this view on both textual and philosophical grounds. We argue that Kant never unequivocally claims that the Moral Law is self-legislated and that he is not philosophically committed to this claim by his overall conception of morality. Instead, the idea of autonomy concerns only substantive moral laws, such as the law that (...) one ought not to lie. We argue that autonomy, thus understood, does not have the paradoxical features widely associated with it. Rather, our account highlights a theoretical option that has been neglected in the current debate on whether Kant is best interpreted as a realist or a constructivist, namely that the Moral Law is an a priori principle of pure practical reason that neither requires nor admits of being grounded in anything else. (shrink)

In this paper, I attempt to address a fundamental challenge for machine intelligence: to understand whether and how a machine’s internal states and external outputs can exhibit original non-derivative intentionality. This question has three aspects. First, what does it take for a machine to exhibit original de dicto intentionality? Second, what does it take to exhibit original de re intentionality? Third, what is required for the machine to defer to the external objective world by respecting the word-to-world direction of fit? (...) I attempt to answer the first challenge by providing a constitutive counts-as understanding of de dicto intentionality. This analysis involves repurposing Kant’s vision of a self-legislating agent as a specification of a machine that reprograms itself. I attempt to answer the second and third challenges by extending Kant’s synchronic model of de dicto intentionality with Brandom’s interpretation of Hegel’s diachronic model of de re intentionality, using Hegel’s notion of recollection to provide an understanding of what is involved in achieving deference to the external world. (shrink)

It is a widely supported claim that liberal democratic institutions should treat citizens with equal respect. I neither dispute nor champion this claim, but investigate how it could be fulfilled. I do this by asking, as a sort of litmus test, how liberal democratic institutions should treat with respect citizens holding minority convictions, and thereby dissenting from a deliberative output. The first step of my argument consists in clarifying the sense in which liberal democracies have a primary concern for the (...) respectful treatment of citizens qua self-legislating persons. Taking the second step, I address critically the common tendency in the literature to concentrate on what I have termed the ex ante legem phase, focusing solely on the structure of institutionalized decision-making processes. I submit, rather, that the principle of equal respect for persons demands more of liberal democratic institutions to enhance citizens' chances to give voice to their consciences and influence, on that ground, the formulation of the rules to which they should conform. Fulfilling this commitment requires democratic theorizing to go beyond the ex ante legem phase and regard forms of ex post legem contestation as an extension of citizens' right to political participation. Against this backdrop, I take the third and last step and argue that a promising way forward consists in the adoption of an ex post legem version of conscientious exemptionism, granting citizens a conditional moral right to request exemptions on the grounds of conscience from certain controversial legal and political provisions. (shrink)

Anscombe criticism of Kant on Self-Legislation.

Duties to oneself are central to Kant's moral thought. Indeed, in his Lectures on Ethics, he claims that they “take first place, and are the most important of all” (LE: 27:341). Despite this, Kant is not clear about what they are or why they are ‘the most important.’ What is it for a duty to be owed to oneself? And in what sense do such duties ‘take first place’? I answer these questions: a duty to oneself is a self-legislated (...) duty, and they ‘take first place’ in that all ethical duties are, fundamentally, duties to oneself. Based on a close reading of Kant's “Apparent Antinomy” regarding duties to oneself in The Doctrine of Virtue §§1–3, I argue that Kant holds that (1) a duty is owed to its legislator, and (2) all duties are self-legislated. I then argue that this interpretation is further supported by Kant's understanding of the Categorical Imperative as a “principle of autonomy” in the Groundwork (G: 4:433). I conclude by offering an interpretation of the Categorical Imperative on which even though all duties are ultimately owed to oneself, there remains an important sense in which some duties are owed to others as well. (shrink)

The concept of self-legislation or autonomy is one of the outstanding innovations of Kant’s ethics. Nevertheless, it should not be ignored that it also builds on previous positions. Even if Kant in the Groundwork classifies all other moral principles as heteronomous, it is important to recognize that Kant incorporates elements of Wolff’s theory of self-legislation and Crusius’ theory of obligation into his theory of autonomy. In this essay, I present the relevant themes in Wolff and Crusius (...) and discuss how they were taken up by Kant in the mid-1780s. (shrink)

It is a distinctive feature of the global political order that democracy is no longer confined to nation-states, characterized by extensive and overlapping constituencies. It is important to think of the significance of these developments for individuals’ self-determination, which may be undermined in different ways. Here it is argued that democracy must serve to delegate power to complex units of decision making which favour self-determination. Contestability is part of this form of self-determination, allowing forms of politics to (...) emerge based on the democratic rights and powers of self-determining, non-dominated citizens. (shrink)

In his later writings, Kant distinguishes between autonomy and self-mastery or self-command. My article explains the relation between these two ideas, both of which are integral to his understanding of moral agency and the pursuit of virtue. I point to problems with other interpretations of this relation and offer an alternative. On my view, self-command is a condition or state achieved by those agents who become proficient at solving problems presented by the passions. Such agents are able (...) to stick to the results of self-legislation over time and thereby achieve a form of temporally extended freedom. (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

Heidegger’s critique of European nihilism seeks to expose self-legislation as the governing principle of central manifestations of modernity such as science, technology, and the interpretation of art as aesthetics. Need we accept the conclusion that modern constitutional democracies are intrinsically nihilistic, insofar as they give political and legal form to the principle of collective self-legislation? An answer to this question turns on the concept of power implied in constituent and constituted power. A confrontation of the genealogies (...) of modern subjectivity proposed by Heidegger and Blumenberg suggests that there is indeed a metaphysical core to the concept of constituent power developed by various political theorists, including Schmitt and Habermas. By contrast, closer consideration of the paradoxical relation between constituent and constituted power illuminates the ambiguity of collective self-legislation, which means both enactment of a legal order by a collective self and the enactment of a collective self by a legal order. To the extent that constitutional democracies are a way of preserving rather than dissolving this ambiguity, they imply an interpretation of power and human finitude that parries the charge of nihilism. (shrink)

As developed by Sabel, Dorf and Cohen, and John Dewey before them, democratic experimentalism is based on the premise that current democratic practices are no longer able to deal with central and pressing social and political problems. Beginning with the criticism of democracy as command and control, Dorf and Sabel show how current democratic practices are part of the problem rather than the solution. Even as democratic experimentalists have successfully explored democracy beyond the state in the European Union, I argue (...) that they have not fully transnationalized democracy or fully appreciated “the new circumstances of politics.” With the emergence of pervasive forms of interdependence, Rousseau’s conception of democracy as self legislation is no longer adequate, despite its cogent normative assumptions. Instead, the new transnational circumstances of justice suggest a stronger conception of democracy as self determination. In order to minimize domination and maximize self determination, cross-cutting constituencies must achieve a shared democratic minimum, through which democracy may once again become a means to justice. (shrink)

James Bohman’s work involves a paradigm shift in how we conceive democracy in complex, pluralized, globalized contexts comprised of multiple, overlapping constituencies that often have broad extension in space and time. He breaks with theories that view democracy as comprised of a bounded demos legislating for itself, and which conceptualize democracy as ways of organizing territorial, state-organized political entities. Elements of a progressive democratic theory that travels across borders should be built out of three ideas: a nonutopianism that pays close (...) attention to the “circumstances of politics”; institutions that enable nondomination, which helps to push conflict resolution toward the democratic media of deliberation, bargaining, compromise, and voting; and reflexive institutions that enable the deliberative generation, revision, and renewal of collective procedures and decisions, and which organize the creativity, intelligence, and energy of individuals. (shrink)

In his early writings, Kant regarded the autonomy of the will as the supreme principle of morality, as well as the sole principle of all moral laws and of the duties conforming to them. Nevertheless, this impressively sounding principle gradually disappeared from the later Kant’s texts, and there is not much in the literature to explain why. Pauline Kleingeld’s purpose, in the two articles I consider here, is to address this lacuna and to show that there are good philosophical reasons (...) for this principle’s gradual disappearance from the Kantian framework. One of my aims, in this paper, is to formulate and argue for several reservations about Kleingeld’s argument; however, even if these reservations turn out to be apposite, my claim is not that Kant did not actually abandon the Principle of Autonomy; instead, I argue that, even if Kleingeld were right and Kant had abandoned the Principle of Autonomy, he would still not have needed to. (shrink)

I problematize the notion of self-legislation. I follow in Elizabeth Anscombe’s footsteps and suggest that on a plausible reading of Kant, he does not so much misidentify the sources of moral normativity, as fail to identify any such sources in the first place: The set of terms with which the Kantian is attempting to do so is confused. Interpreters today take Kant’s legal language to be merely metaphorical. The language of ‘self-legislation,’ in particular, is replaced by (...) such interpreters with a language of ‘self-constitution.’ I challenge that, and claim that the language of legislation and judgment was, for Kant, more than a metaphor: The recognition of the moral law, he says, motivates us as if it were “the bidding of another person.” Legislation is typically remote in this way. It typically requires a distance between lawgiver and law-receiver—a distance that allows, for instance, for self-inspection and judgment. For Kant, these are the terms in which to explain the forms of the moral judgment and the sources of moral normativity. It is questionable, however, whether we can be remote from our own actions in the way required—whether we can observe our own actions. We cannot, for example, raise our hand and wonder how far it will go up. I develop this claim into an Anscombean challenge to Kant, and I call upon Kantians to take it seriously. (shrink)

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her (...) account riven between rigorism and voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of (...) 'autonomy' as apt to express the principle of morality---at least in the mid 1780s. (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of (...) 'autonomy' as apt to express the principle of morality---at least in the mid 1780s. (shrink)

James Bohman’s Democracy across borders aims to conceptualize transnational democracy. But it is more than that: Bohman begins to articulate a paradigm shift in how we conceive democracy in complex, pluralized, globalized contexts comprised of multiple, overlapping constituencies which often have broad extension in space and time. The paradigm shift is not Bohman’s alone: it has been some time in the making*two decades at least*and has multiple sources in contemporary theories of power, inclusion and exclusion, pluralism, deliberation, as well as (...) in theories of social and system complexity. The importance of Bohman’s book is that it consolidates many of these elements into an important statement that breaks with those kinds of theory that conceptualize democracy as a way of organizing relatively simple, territorial, state-organized units of political organization. My comments highlight those elements of Bohman’s argument that add up to a paradigm shift; they are critical only in the sense that there is a danger that this contribution could be overshadowed by the book’s primary focus democracy across borders, important though this is. Most of my comments aim at extracting and reconstructing the paradigm shift within Bohman’s text. (Published: 5 February 2010) Citation: Ethics & Global Politics, Vol. 3, No. 1, 2010, pp. 47-54. DOI: 10.3402/egp.v3i1.4853. (shrink)

Inspired by a discussion about whether John Paul II grounded human dignity in a Kantian way, viz., emphasizing the person as an end unto itself, the author considers: (1) the relations between Kant and Aquinas on the topic of the philosophical basis of human dignity, and (2) John Paul II’s remarks on Kant’s ethics. He concludes that: (1) both Kant and Aquinas ground human dignity upon human freedom, but both understand the human freedom differently; (2) for Kant, human freedom is (...) self-legislating and so exercised without rational direction; (3) the Thomistic notion of freedom is compatible with rational direction which consists, e.g., in the human understood as an intellector of being or as a willer of the good, though neither seem to be exploited by Wojtyla. (shrink)

Lafont argues for a participatory version of deliberative democracy that shares key features with other contemporary approaches, while departing from them in decisive ways. It is based on the Rouss...

I make a case for a non-Aristotelian reading of Kant’s moral philosophy. In particular, I distinguish between two activities called “self-legislation”: Aristotelian and Kantian. Aristotelian self-legislation is the activity of determining the organizing principle of our own practical life. Every action of ours takes part in this project, which is thus part of the principle of every action. In contrast, not all actions are acts of Kantian self-legislation. To legislate for ourselves in this sense (...) is to be involved in an internal legal drama in which we demand of ourselves, by an internal force, to respect moral duties. Moral normativity, I argue, is thus separatedfrom practical normativity in general. Kant’s notion of self-legislation is part of an attempt to substantiate an absolute conception of morality: to substantiate the idea that our value is higher than that of other things, and yet incomparable. I argue that the notion of self-legislation cannot be part of such an account if understood the Aristotelian way. (shrink)

A recently widely accepted view has it that the nature-spirit distinction in Hegel is to be understood as a distinction between a space or realm that is not normative or does not involve norms, and one that is or does. Notwithstanding the merits of this view, it has tended to create a separation between nature and spirit which is both philosophically troubling and difficult to reconcile with the picture of Hegel as the arch enemy of abstract or unreconciled dualisms. In (...) this paper I aim to show that the defining phenomenon for this view—collective self-government by norms—is on Hegel’s account both dependent on living nature that involves normativity broadly conceived all the way down and also subject to the normative or evaluative super-principle of Hegel’s Philosophy of Spirit—concrete freedom—the essence of spirit according to him. This is to say that for Hegel the normativity of collectively administered norms is neither the most basic nor the highest form of normativity. -/- Published online first 27 January 2021. (shrink)

In this paper I consider three widespread assumptions: (1) the assumption that we are accountable for our intentional actions only if they are in some special sense ours; (2) the assumption that it is possible for us to be more or less “true to” ourselves, and that we are flawed human beings to the extent that we lack “integrity”; and (3) the assumption that we can sometimes give ourselves reasons by giving ourselves commands. I acknowledge that, as Ruediger Bittner has (...) argued, each of these assumptions is problematic, and that the failure to appreciate the problems has led many philosophers astray. I try to show, however, that it is possible to make sense of each assumption in a way that addresses Bittner’s concerns. (shrink)

Their important exegetical and philosophical disagreements notwithstanding, Pauline Kleingeld and Marcus Willaschek, on the one hand, and Alyssa Bernstein, on the other, seem to agree that Kant’s Categorical Imperative transcends the contemporary dichotomy between moral realism and ethical constructivism. My contribution is an attempt to further elaborate on the third, unique, conceptual option that they have identified. I employ the notion of an “enabling condition,” introduced in epistemology and action theory by Jonathan Dancy, in order to show that the Categorical (...) Imperative enables action and is enabled by action. The Categorical Imperative (as distinct from specific categorical imperatives and moral laws) is discussed as a structural, but still normative, coherence and consistence norm of practical reasoning. As such it is two things at the same time, namely, first, the most fundamental normative background condition of practical deliberation, choice, and action. Second, however, the mutual enabler-enablee-relationship between action and Categorical Imperative points in the other – “not-so-Kantian” – direction as well: individual practical deliberation, understood as the mundane phenomenon that penetrates the lives of agents, is the (existence) condition that enables the Categorical Imperative in normatively-structured action. (shrink)

Governments are increasingly inviting patient organizations to participate in healthcare policymaking. By inviting POs that claim to represent patients, representation comes into being. However, little is known about the circumstances under which governments accept POs as patient representatives. Based on the analysis of relevant legislation, this article investigates the criteria that self-help organizations, a special type of PO, must fulfil in order to be accepted as patient representatives by governments in Austria and Germany. Thereby, it aims to contribute (...) to the discussion on the role of governments in steering SHOs. There are different degrees of regulation. Governments in both countries not only formulate explicit criteria for SHOs with respect to patient representation but also guide SHOs representing patients through implicit criteria for associations. We discuss the findings against concepts of responsiveness, authorization, and accountability. Our findings indicate that governmental steering is not negative per se as indicated by previous research but—depending on legislative criteria—can promote transparency and democratic quality in patient representation. (shrink)

Governments are increasingly inviting patient organizations to participate in healthcare policymaking. By inviting POs that claim to represent patients, representation comes into being. However, little is known about the circumstances under which governments accept POs as patient representatives. Based on the analysis of relevant legislation, this article investigates the criteria that self-help organizations, a special type of PO, must fulfil in order to be accepted as patient representatives by governments in Austria and Germany. Thereby, it aims to contribute (...) to the discussion on the role of governments in steering SHOs. There are different degrees of regulation. Governments in both countries not only formulate explicit criteria for SHOs with respect to patient representation but also guide SHOs representing patients through implicit criteria for associations. We discuss the findings against concepts of responsiveness, authorization, and accountability. Our findings indicate that governmental steering is not negative per se as indicated by previous research but—depending on legislative criteria—can promote transparency and democratic quality in patient representation. (shrink)

The Patient Self-Determination Act (PSDA) requires hospitals to ask patients upon admission whether they have an advance directive. Although the PSDA has received extensive criticism, little attention has been paid to the cost of the law, either during its legislative course or following its implementation. Nonetheless, several tangible and intangible costs are associated with the PSDA. Such costs may be incurred by different parties. This paper examines the costs and benefits of the PSDA and illustrates the extent of some (...) of its tangible costs. The incremental start-up cost for one institution's response to the PSDA is estimated to be $49,304 ($1.31 per admission) and the total implementation cost of the program to be $114,528. In addition, the national incremental start-up cost for hospitals to implement the PSDA is estimated to be between $43,625,114 and $101,569,922. Finally, the potential implications of the PSDA for future governmental health care ethics regulation are discussed. (shrink)

After distinguishing between a metaphysical and a contemplative strategy interpretation of the no-self doctrine, I argue that the latter allows for the illumination of significant and under-discussed Kantian affinities with Buddhist views of the self and moral psychology. Unlike its metaphysical counterpart, the contemplative strategy interpretation, understands the doctrine of no-self as a technique of perception, undertaken from the practical standpoint of action. I argue that if we think of the contemplative strategy version of the no-self (...) doctrine as a process engaged in, in order to free oneself from delusion and to see things more objectively in order to promote right action, then we find a clear parallel in Kant’s duty of self-knowledge which demands that we rid ourselves of deluded moral self-descriptions. While in Buddhism the aim is a selflessness that liberates one from suffering, for Kant the aim is an agency free of the conceit that interferes with clear moral vision, sound judgement, and dutiful action. I conclude by responding to objections advanced by Charles Goodman which aim to show that the Kantian position is deeply at odds with Buddhist thinking, arguing that neither Kantian agency nor Kantian self-legislation is undermined by the doctrine of no-self. (shrink)

Determining which moral principles should guide political action is a vexing question in political theory. This is especially true when faced with the "toleration paradox": believing that something is morally wrong but also believing that it is wrong to suppress it. In this book, Alex Tuckness argues that John Locke's potential contribution to this debate--what Tuckness terms the "legislative point of view"--has long been obscured by overemphasis on his doctrine of consent. Building on a line of reasoning Locke made explicit (...) in his later writings on religious toleration, Tuckness explores the idea that we should act politically only on those moral principles that a reasonable legislator would endorse; someone, that is, who would avoid enacting measures that could be self-defeating when applied by fallible human beings.Tuckness argues that the legislative point of view has implications that go far beyond the question of religious toleration. Locke suggests an approach to political justification that is a provocative alternative to the utilitarian, contractualist, and perfectionist approaches dominating contemporary liberalism. The legislative point of view is relevant to our thinking about many types of disputed principles, Tuckness writes. He examines claims of moral wrong, invocations of the public good, and contested political roles with emphasis on the roles of legislators and judges. This book is must reading not only for students and scholars of Locke but all those interested in liberalism, toleration, and constitutional theory. (shrink)

Recently there have been strong reactions against the Enlightenment idea of the self, originating with Descartes, as a unitary “I” defined as wholly self-legislating and self-identical. It has become commonplace to stress the dialogic disposition of the self and affirm not only the social dimension of selfhood, but also its ineradicable embodiment. Of course, taken too far, such a view can reduce the self to a mere play of impersonal material forces or temporal flows; such (...) is the “post-modern” self envisaged by Gilles Deleuze, who sought to rid subjectivity of all forms of interiority, coherence, integrity and consistency. It is…. (shrink)

Australia experienced the most devastating bush-fire season in recorded history, and right after that the world economy stalled due to a global virus outbreak the severity of which has no modern precedent. Crises tend up speed paradigm shifts, and the one begun in 2020 certainly will. In this paper I will contribute to a shift that has been gathering momentum for some time now, the need for which the current crisis has made all too obvious. This is a shift in (...) Kant and Hegel influenced philosophy from thinking of ‘spirit’ (Geist) as an abstract realm or dimension insulated from nature—frictionlessly spinning without touching it, or at least with a tendency to do this as essential to it—to thinking of spirit as a life-form, situated in nature at large, just as all life is. I will work on this theme by elaborating on three broadly Hegelian ideas. Firstly, that the subjective and objective aspects of ‘spirit’, that is to say the psychological and social structures distinctive of persons and their life, are co-constitutive elements of a whole. This whole is the human life-form, or as I call it more technically ‘the life-form of persons’. Secondly, that recognition (Anerkennung) as self-transcendence and inclusion of otherness is ontologically constitutive of both, and key to their internal interrelations. Thirdly, that though freedom as collective autonomy is distinctive of this life-form, thought on the model of abstraction from necessarily determining otherness it is theoretically mistaken and put in practice pathological of the life-form in a literal sense of ‘pathology’. (shrink)

This thesis challenges prevailing approaches to religiously-based or influenced laws , and proposes an alternative model that makes religious pluralism, gender, and moral identity central considerations. I focus my analysis around abortion as a case study in order to analyze the gendered dimensions of the issue in addition to other, more well-recognized problems with religious lawmaking. ;My overarching thesis is that the prevalent approaches to religious lawmaking in the Supreme Court's jurisprudence, as well as in liberal and communitarian moral and (...) legal theory, are inadequate. Liberal approaches tend to protect religious pluralism at the expense of the religious identity of lawmakers, whereas communitarian proposals protect the religious morality of lawmakers at the expense of respect for religious pluralism. Both approaches are also inadequate, I contend, because they are premised upon faulty conceptions of moral identity, and fail to adequately consider the potential of religious lawmaking to perpetuate inequalities based on gender as well as religion. My arguments regarding deficiencies in these approaches are reinforced with empirical evidence regarding abortion views held by American religious groups, as well as the self-descriptions of a number of lawmakers regarding the influence of religion in their decision making. ;In developing alternative ethical and legal frameworks for addressing religious lawmaking, my analysis proceeds along both theoretical and practical lines. On the theoretical level, I propose that the conceptions of the social self and role-based morality developed by the twentieth century pragmatist philosopher George Herbert Mead, as supplemented by feminist and poststructuralist perspectives, provide the basis for a preferable ethical approach to religious lawmaking. ;On the practical level, I develop a legal framework that requires government in qualified challenges to religious lawmaking to show that the law can be fully supported on the basis of publicly accessible reasons and, in some instances, also by a compelling state interest. I explain how this proposal can accommodate the interests of religious lawmakers in relying on their religious convictions in their political and legal decision making, while insuring that the citizenship rights of their constituents are not thereby harmed. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on (...) the principles of self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

This essay examines the connection between the concept of autonomy and the concept of an ideal, moral self in Kant’s practical philosophy. Its central thesis is that self-legislation does not rest on the capacity to exempt oneself from nature’s causal network. Instead, it rests on the practical capacity for identification with what Kant calls an individual’s “moral personality.” A person’s ability to identify with this morally ideal version of himself gives shape to his will, enabling him to (...) decide how to act on the basis of reasons that do not stem from desires or inclinations. It thus makes possible a form of volition that is autonomous rather than heteronomous. (shrink)

My analysis of the constitutional foundations of judicial review has been criticized by Paul Craig; but his objections confuse the ‘constructive’ account of legislative intent I defend with the ‘literal’ conception (reflecting the views of individual legislators) I expressly repudiate. He thinks we must choose between legislative intent, literally conceived, and common law principle. This mistake exemplifies the peculiar character of Craig's ‘common law model’ of judicial review, in which the requirements of the rule of law, on one hand, and (...) the relevant statute, on the other, exist in separate mental worlds. That model is conceptually confused, rejecting the doctrine of ultra vires that (unqualified) legislative supremacy entails, and ultimately grounded in a wholly implausible view of the relationship between common law and statute. It subordinates both statutory text and purpose to common law doctrine, treated as largely self-contained and impervious to context. It ignores the interdependence of legislative and judicial power, impeding a genuine integration of statutory command and common law principle. (shrink)

The concept of self-preservation was one of the central concepts in modern philosophy and jurisprudence. Many researchers rightly point out that this concept was quite justifiably associated with the human reason. In Kant’s philosophy you can also find this idea of self-preservation of the reason, primarily in the sense of the self-affirmation of the reason. But this plot, strange as it may seem, does not play any important role in modern studies of Kant. Undoubtedly, the “rationality of (...) self-preservation” underlies all cognition and action, but this is only one meaning of self-preservation. In “Metaphysics of Morals” Kant talks about “moral self-preservation”, which consists in the fact that a person does not violate his ethical and legal obligations. At the same time, for Kant, self-preservation also stands for a strong moral position that is goal-oriented. In this connection, Kant talks about the preservation of “humanity in our person”. Where self-preservation becomes a special topic in Kant, it is about the sentences about goals, about formation and development, about overcoming immaturity. This topic is explicated through a number of other concepts: self-thinking, self-determination, self-mastery, self-control, self-approval, self-feeling, self-legislation, autonomy, etc. As you know, Kant compares the categorical imperative with a “compass” with which people can orient themselves in their actions. However, for complete orientation, knowledge about the world and people is required; attention must be paid to specific things and real people. In his article “What does it mean to orient oneself in thinking?” (1786) Kant formulates the “maxim of the self-preservation of reason”, which appears as a concretization of the idea that a rational being exists as an end in itself. This maxim is identified with the maxim of self-thinking, the purpose of which is to overcome immaturity. As you know, this fundamental thesis is a program of enlightenment. “The maxim self-preservation of reason”, as the supreme principle of our use of reason, can be interpreted as a maxim of the second order. It is important to emphasize that the scope of application of this maxim is much wider and more comprehensive compared to the scope of application of the categorical imperative. (shrink)

The political shift toward an economic liberalism in many developed market economies, emphasizing the importance of the marketplace rather than government intervention in the economy and society (Dorman, Systematic Occupational Health and Safety Management: Perspectives on an International Development, 2000; Tombs, Policy and Practice in Health and Safety 3(1): 24-25, 2005; Walters, Policy and Practice in Health and Safety 03(2):3-19, 2005), featured a prominent discourse centered on the need for business flexibility and competitiveness in a global economy (Dorman, 2000; Tombs, (...) 2005). Alongside these developments was an increasing pressure for corporate social responsibility (CSR). The business case for CSR - that corporations would benefit from voluntarily being socially responsible — was increasingly promoted by governments and corporations as part of the justification for self-regulation. The aim of the article is to examine more closely the proposition that self-regulation is effective, with particular reference to the business case for workplace equality and safety. Based on a comprehensive literature review and documentary analysis, it was found that current predominant management discourse and practice focusing on diversity and safety management systems (OHSMS) resonate well with a government and corporate preference for the business case and self-regulation. However, the centrality of individual rather than organizational factors in diversity and OHSMS means that systemic discrimination and inherent workplace hazards are downplayed, making it less likely that employers will initiate structural remedies needed for real change. Thus, reliance on the business case in the argument for self-regulation is problematic. In terms of government policy and management practice, the business case needs to be supplemented by strong, proactive legislation, and worker involvement. (shrink)

IN HIS CRITICAL METAPHYSICS OF MORALS, Kant insists on keeping the purely rational concepts, laws, and principles of moral philosophy strictly separate from the empirical elements of practical anthropology. This is not to say that he treats the a priori part of the doctrine of morals in isolation from empirical psychological concepts and observations about the special nature of human beings. He allows that such elements are necessarily brought into the formulation of the system of pure morality. Still, he maintains (...) that their integration with this system cannot detract from the purity of the highest principles and fundamental a priori concepts of morality themselves, or cast any doubt on the a priori origin of all practical laws in pure reason alone. Within the system of the metaphysics of morals, the pure part of moral philosophy must therefore be logically dissociated from any particular theory of human nature that includes the principles of a specifically human moral psychology. This measure is mandatory if moral philosophy is not to rely on species-dependent presuppositions when, on the basis of its pure part, it plays its distinctive legislative role for humans as rational beings. As Kant states in the Grundlegung zur Metaphysik der Sitten of 1785, “all moral philosophy rests wholly upon its pure part, and, when applied to the human being, it borrows not the least thing from the knowledge of that being, but rather gives to the human being, as a rational being, laws a priori.” Accordingly, the foundational task of the metaphysical theory of morals must be to investigate the “ideas and the principles of a possible pure will, and not the actions and conditions of human willing [Wollen] as such, which for the most part are drawn from psychology.”. (shrink)

Australia experienced the most devastating bush-fire season in recorded history, and right after that the world economy stalled due to a global virus outbreak the severity of which has no modern precedent. Crises tend up speed paradigm shifts, and the one begun in 2020 certainly will. In this paper I will contribute to a shift that has been gathering momentum for some time now, the need for which the current crisis has made all too obvious. This is a shift in (...) Kant and Hegel influenced philosophy from thinking of ‘spirit’ (Geist) as an abstract realm or dimension insulated from nature—frictionlessly spinning without touching it, or at least with a tendency to do this as essential to it—to thinking of spirit as a life-form, situated in nature at large, just as all life is. I will work on this theme by elaborating on three broadly Hegelian ideas. Firstly, that the subjective and objective aspects of ‘spirit’, that is to say the psychological and social structures distinctive of persons and their life, are co-constitutive elements of a whole. This whole is the human life-form, or as I call it more technically ‘the life-form of persons’. Secondly, that recognition (Anerkennung) as self-transcendence and inclusion of otherness is ontologically constitutive of both, and key to their internal interrelations. Thirdly, that though freedom as collective autonomy is distinctive of this life-form, thought on the model of abstraction from necessarily determining otherness it is theoretically mistaken and put in practice pathological of the life-form in a literal sense of ‘pathology’. (shrink)

Kant has made an attempt in his Doctrine of Law to show that the principles of natural Law are a priori principles of pure practical reason. He considers this a necessary step towards establishing the obligating force of positive legislation within a legal system. It is not obvious, however, that Law, which recognizes external coercion as a possible incentive for the compliance with its duties, can be reconciled with pure practical reason, which through the categorical imperative commands that one (...) fulfill duty from the idea of duty and so independently of inclination. Accordingly, it is not clear that there is a systematic and necessary connection between Law and morality for Kant and that he has succeeded in his overall objective of justifying positive Law. ;My dissertation is concerned with the question of how, according to Kant, pure practical reason can allow for juridical legislation, a legislation which admits of an incentive other than the idea of duty for the fulfillment of certain duties. I present criticisms of interpretations according to which Law with its external character cannot be reconciled with morality for Kant. I also discuss some interpretations according to which Law with its duties and legislation is justifiable from the point of view of pure practical reason, either as directly derivable from the categorical imperative or as a means for the realization and protection of the individual's moral freedom. I argue that such accounts do not succeed in explaining the possibility of external coercion for pure practical reason. I do maintain, however, that Law is reconcilable with pure practical reason for Kant, and I offer an explanation of how this is so: an examination of the different classes of duties shows that only juridical duties, or perfect duties to others, are such that reason must recongnize for them a kind of constraint other than free self-constraint and therefore must acknowledge the possibility of juridical legislation for these duties. (shrink)

How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.

This chapter presents problems of possible principles of self-restraint for legislators and citizens and of presidents and administrative officials. The consideration of most citizens in this chapter is based on two main reasons: One is that comparisons between citizens and government officials help illuminate appropriate standards for each. The second reason involves a more direct relationship between legislators and citizens. Legislators should exercise some combination of their own judgments and deference to the judgments and expressed interests of citizens, especially (...) their own constituents. Thus, the concern about possible self restraint by legislators is twofold: Should they rely for judgment and use in public advocacy upon their own comprehensive views and nonaccessible reasons? Should they rely upon and use in public advocacy the convictions of citizens that are grounded in this way? A sharp discrepancy between what legislators and citizens appropriately rely upon would create an unfortunate tension. (shrink)

This article examines the temporal politics of the 2017 California Gender Recognition Act (CGRA). The author first offers a brief history of the dominant temporal requirements for “gender recognition” in prior legislation around sex/gender markers on identity documents in the United States and United Kingdom, focusing on how this legislation places temporal boundaries around legitimate gender identity. Then, turning directly to the CGRA, the author asks to what extent the act's emphasis on self-identification revises or intervenes in (...) these prior conceptualizations of time and identity by the state administration of sex/gender systems. The article closes with an exploration of the temporality of identity documentation itself, speculating about how this legislation might be placed more directly into conversation with the role of time in colonial and racial state building. (shrink)