This book examines three issues: the principle of ought implies can ; the principle of alternate possibilities ; and Kant’s views on the duty to promote one’s own happiness. It argues that although Kant was wrong to deny such a duty, the part of his denial that rests on a conception of duty incorporating both OIC and PAP is sound.

A fascinating portrait of the Pythagorean tradition, including a substantial account of the Neo-Pythagorean revival, and ending with Johannes Kepler on the threshold of modernism.

Legalistic discourse, lawyers and lawyering had minor representation during the 2011 summer protest events in Israel. In this paper we explore and analyze this phenomena by employing content analysis on various primary and secondary sources, among them structured personal interviews with leaders and major activists involved in the protest, flyers, video recordings made by demonstrators and songs written by them. Our findings show that participants cumulatively produced a pyramid-like structure of social power that is anchored in the enterprise of organizing (...) the protest. Our findings explicate how the non-legalistic and even anti-legalistic discourse of the protest was formed, shaped and generated within the power relations of the protest, and how a pyramid of power produced a new poetics of protest that rejected the traditional poetics of state law. The power relations that generated the discourse regarding state law were embedded in socioeconomic stratification along the divide of center and periphery in Israel. (shrink)

In this essay, I argue that Dewey's version of pragmatism did not allow him to develop a coherent theory of moral education. Dewey maintained that any learning is the matter of an acquisition of habits, and knowledge is a network of such habits. He did not distinguish between the actions and the purpose of these actions. Moreover, he suggested that the virtuousness of actions is contingent on the particular environment of the agent. Dewey's insistence on abstinence from a determination of (...) educational goals together with his conceptual ambiguity about the nature of habits and actions leave his contribution to our insights into moral education wanting. (shrink)

_An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history_ Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in our (...) theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science. (shrink)

Through criticism and analysis of ancient traditions, Kahn reconstructs the pattern of Anaximander’s thought using historical methods akin to the reconstructive techniques of comparative linguists.

In this article, I explore an important difference between circumstantial luck on the one side and resultant and constitutive luck on the other. In section 1, I argue that, in circumstantial luck, the object of luck and the object of moral judgment are different even though, in resultant and constitutive luck, they are the same. In section 2, I explain that this difference (1) has the potential to undermine the regress argument for moral luck; (2) makes viable the “selective moral (...) luck” argument strategy (affirming some species of moral luck but denying others); and (3) has implications for the heritability of luck. (shrink)

This book proposes a new paradigm for the interpretation of Plato's early and middle dialogues. Rejecting the usual assumption of a distinct 'Socratic' period in the development of Plato's thought, this view regards the earlier works as deliberate preparation for the exposition of Plato's mature philosophy. Differences between the dialogues do not represent different stages in Plato's own thinking but rather different aspects and moments in the presentation of a new and unfamiliar view of reality. Once the fictional character of (...) the Socratic genre is recognised, there is no reason to regard Plato's early dialogues as representing the philosophy of the historical Socrates. The result is a unified interpretation of all of the dialogues down to the Republic and the Phaedrus. (shrink)

Perspective taking is a critical yet tangled construct that is used to describe a range of psychological processes and that is applied interchangeably with related constructs. The resulting ambiguity is particularly vexing in science education, where although perspective taking is recognized as critical to informed citizens’ ability to negotiate scientifically related societal issues, or socioscientific issues via socioscientific reasoning, the precise nature of perspective taking remains elusive. To operationalize perspective taking, a theoretical conceptual analysis was employed and used to position (...) perspective taking within the context of SSR. The resulting, more precise construct identified as socioscientific perspective taking requires engagement with others or their circumstances, an etic/emic shift in one’s viewpoint, and a moral context guided by conscience. (shrink)

In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions attempts to limit freedom of conscience and religion, freedom to pursue one’s own interests, and freedom to unite, and he defends a liberal political and social order in which there is considerable room for personal development (...) and freedom of association. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed markedly from our own, while also drawing attention to the reasons why the work remains relevant and essential reading in the present day. Appendices include antecedents to Mill’s work, critical discussions by his contemporaries, and related writings by Mill. Please note: Broadview offers two separate editions of _On Liberty_. The Kahn edition is particularly relevant to readers who are interested in how the work is situated in the history of political philosophy, whereas the Alexander edition is recommended to those most interested in the work’s Victorian literary and social contexts. (shrink)

Kant’s Formula of Humanity can be analyzed into two parts. One is an injunction to treat humanity always as an end. The other is a prohibition on using humanity as a mere means. The second is often referred to as the FH prohibition or the mere means prohibition. It has become popular to interpret this prohibition in terms of consent. The idea is that, if X uses Y's humanity as a means and Y does not consent to it, then X (...) uses Y's humanity as a mere means. There is then debate about the kind of consent that is relevant: possible, actual, or rational. In this paper, I argue against this interpretation. Section one sets up the consent account. Section two attacks possible and actual consent accounts on doctrinal grounds. Section three extends this doctrinal attack to rational consent accounts. Section four circles back to the original motivation for the consent interpretation. I argue that the consent account rests on a misinterpretation, and I conclude with a quick sketch of an alternative interpretation of the FH prohibition. (shrink)

In this paper, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how the Formula (...) of Universal Law can be employed to determine the deontic status of action tokens, action types, and maxims. (shrink)

In this paper I provide a novel argument for scientific realism. In contrast to most recent defenses of SR, my defense of SR does not rely on the no-miracles argument. Instead, I take a more unconventional approach: I focus on the different kinds of justification available to different individuals in relation to different kinds of propositions. I maintain that this alternative focus shows that most people are warranted in believing many propositions about unobservables. The paper is divided into three main (...) sections. In the first, I rehearse the main moves in the recent debate about SR. In the second, I argue that the discussion in section one enables us to see that most of the arguments in the recent debate about SR mistake their target: instead of being about SR, they are about meta-SR. I argue that what I call the JJ-principle should be rejected and, further, that if the JJ-principle is rejected, then meta-SR may be cleaved from SR. This enables me to advance to a position I call thin realism in the third and final section of the paper. (shrink)

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

In this paper I argue that there would be no obligatory maxims if the only standards for assessing maxims were Kant’s universalizability tests. The paper is divided into five sections. In the first, I clarify my thesis: I define my terms and disambiguate my thesis from other related theses for which one might argue. In the second, I confront the view that says that if a maxim passes the universalizability tests, then there is a positive duty to adopt that maxim; (...) I also confront a close relative of this view. In the third, I confront the view that says that if a maxim does not pass the universalizability tests, then there is a positive duty to adopt the contradictory of that maxim. In the fourth, I confront two variations of the view that says that if a maxim does not pass the universalizability tests and an agent is deliberating about the action in the maxim, then the agent has a positive duty to adopt the contrary of that maxim. In the fifth, I confront the view that says that if an agent has adopted a maxim of ends, then the agent has a positive duty to universalize that end. I then wrap up the paper with some concluding remarks. (shrink)

The following seems to be a truism in modern day philosophy: No agent can have had other parents (IDENTITY). IDENTITY shows up in discussions of moral luck, parenting, gene editing, and population ethics. In this paper, I challenge IDENTITY. I do so by showing that the most plausible arguments that can be made in favor of IDENTITY do not withstand critical scrutiny. The paper is divided into four sections. In the first, I document the prevalence of IDENTITY. In the second, (...) I examine a defense of IDENTITY on the basis of genetic considerations. In the third, I examine a defense of IDENTITY that I call gamete essentialism. In the fourth, I return to genetic considerations to wrap up the paper. (shrink)

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

Proponents of the utilitarian animal welfare argument (AWA) for veganism maintain that it is reasonable to expect that adopting a vegan diet will decrease animal suffering. In this paper I argue otherwise. I maintain that (i) there are plausible scenarios in which refraining from meat-consumption will not decrease animal suffering; (ii) the utilitarian AWA rests on a false dilemma; and (iii) there are no reasonable grounds for the expectation that adopting a vegan diet will decrease animal suffering. The paper is (...) divided into four sections. In the first, I set out the utilitarian AWA in its original form. I give some background and I distinguish it from other, related arguments. In the second, I discuss the causal impotence objection, a popular objection to the utilitarian AWA. I explain how the objection works by means of a conceptual distinction between consumers and producers. In the third, I explain how proponents of the utilitarian AWA respond to this objection. In particular, I set out in some detail what I call the expected utility response. In the fourth and final section, I use the three objections noted above to explain why I do not find this response convincing. (shrink)

My aim here is to make sense of Plato's account of desire in the middle dialogues. To do that I need to unify or reconcile what are at first sight two quite different accounts: the doctrine of eros in the Symposium and the tripartite theory of motivation in the Republic. It may be that the two theories are after all irreconcilable, that Plato simply changed his mind on the nature of human desire after writing the Symposium and before composing the (...) Republic. But that conclusion can be justified only if attempts to reconcile the two theories end in failure. The attempt must be made first. (shrink)

In this article, I explore an important difference between circumstantial luck on the one side and resultant and constitutive luck on the other. In section 1, I argue that, in circumstantial luck, the object of luck and the object of moral judgment are different even though, in resultant and constitutive luck, they are the same. In section 2, I explain that this difference (1) has the potential to undermine the regress argument for moral luck; (2) makes viable the “selective moral (...) luck” argument strategy (affirming some species of moral luck but denying others); and (3) has implications for the heritability of luck. (shrink)

In the Metaphysical Foundations of Natural Science (MFNS) Kant develops a conception of matter that is meant to issue in an alternative to what he takes to be the then reigning empiricist account of density. However, in recent years commentator after commentator has argued that Kant’s attempt on this front is faced with insuperable difficulties. Adickes argues that the MFNS theory of density involves Kant in a vicious circle; Tuschling argues that the circle is part of what led Kant to (...) abandon the theory of matter developed in the MFNS; Förster argues that recognition of this circularity played a significant role in Kant’s development of the project now known as the Opus Postumum; and Westphal argues that the circularity problem serves to demonstrate the “untenability of Kant’s metaphysical method” and therefore helps to explain “the radical revision of the relation between mathematics and metaphysics Kant undertakes in his opus postumum.” Indeed, even Kant seems to think that his theory of density is circular: as noted by all of these commentators, in correspondence with one of his former students Kant declares that this theory “seems to lead however to a circle out of which I am not able to come.” Against this growing tide (and even, it seems, against Kant himself) I defend Kant’s theory of density. I argue that the suspicion of a circle results from a confusion of logical relations with causal conditions, and I argue that even Kant seems to have been taken in by this confusion. (shrink)

In Nicholas Smyth’s recent article, “When Does Self-Interest Distort Moral Belief,” he argues that self-interest undermines justification for moral belief if it justifies itself. In so doing, he opposes the standard account, which says that, to the extent that a person’s moral belief is explained by her egoistic or parochial interests, that belief is less justified. However, Smyth’s attack on the standard account, and the principle that he proposes to replace it with, do not withstand critical scrutiny, and that is (...) what this article is intended to show. To that end, the article is divided into three sections. In the first, I explain the standard account and provide some background. In the second, I critically examine Smyth’s three arguments against the standard account. In the third, I explain and attack Smyth’s own principle. I conclude that Smyth’s principle should not be accepted, and the standard account should not be rejected, at least on the basis of Smyth’s arguments: self-interest undermines justification in general, as per the standard account, not only when it justifies itself. (shrink)

The famous 1959 Two Cultures essay by C. P. Snow has become a foil for decades of discussions over the relation between science and the humanities. The problem of the “two cultures” is often framed in terms of how the particular epistemological claims or general intellectual orientations of particular individuals on either side of this purported divide obstruct interdisciplinary dialogue or cooperation. This formulation, however, is ultimately unsatisfying, because often it focuses narrowly on the intentions and arguments of individuals, without (...) considering the institutional frameworks within which such debates occur. In this article, I propose to bracket issues of individual epistemological orientation while .. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionAnna Mastroianni (bio) and Jeffrey Kahn (bio)In this issue of the Kennedy Institute of Ethics Journal, we subject the work of the Advisory Committee on Human Radiation Experiments to examination from many angles. Nearly one year has passed since the release of the Committee’s final report and recommendations, and it seems an appropriate time to invite discourse and reflection on the influence and impact of the Committee and (...) its efforts. Our intent is to advance understanding of the Committee and its work, its place in the evolution of bioethics and public policy, as well as the broader legacy of restoring trust in the conduct of human subjects research.In 1993, President Clinton and Secretary of Energy Hazel O’Leary initiated an investigation of America’s involvement in radiation experiments on its citizens during the Cold War. The investigation resulted in the appointment of the Committee in January 1994. Some issues raised by these radiation experiments were brought to the attention of the nation by revelations contained in a Pulitzer Prize-winning series of newspaper stories about plutonium injections carried out by the government on allegedly unsuspecting subjects during the Cold War. The Committee faced a broad mandate, which included piecing together the history of Cold War radiation experiments and human subjects research, as well as recommending remedies for past wrongs and mechanisms to ensure that such wrongs could not be repeated in the future.This issue of the Journal consists of articles and accompanying commentaries on historical, philosophical, policy, and political aspects of the Committee’s work that are important to bioethics. This collection of articles, authored by Committee members, staff, and leading scholars, is designed to paint a picture of the breadth and complexity of the Committee’s efforts and to provide context and to stimulate discussion of significant issues.In the first article, Ruth Faden provides her unique perspective as chair of the Committee. She goes beyond the necessary overview and background of the Committee to reflect on the impact and meaning of the Committee’s work to bioethics and public policy.Much of the Committee’s effort was directed at gathering and uncovering information about the history of Cold War radiation experiments, an endeavor fairly foreign to bioethics but critically important to understanding the context in which to make moral judgments about the past. Jonathan Moreno and Susan Lederer discuss how the Committee’s work changed some of the traditional views of the history of research ethics. The commentary by Allan Brandt and Lara Freidenfelds further illuminates the value of understanding this recovered history. [End Page ix]In making moral judgments about the past, the Committee confronted complex questions about how to assess wrongdoing and the culpability of the government and its agents. Allen Buchanan explains why this was such a difficult but crucial task and how the Committee worked through some of the answers to these questions. His discussion illustrates the challenges to consensus in the committee decision-making process described in Ruth Macklin’s article in this issue on committees and consensus. Tom Beauchamp analyzes the frameworks for making retrospective moral judgments developed by two committees, the Advisory Committee and the University of California at San Francisco Ad Hoc Fact Finding Committee on World War II Human Radiation Experiments, and critiques their applications of the frameworks in the case of the plutonium injection experiments.The Committee recognized that in order to prevent wrongs seen in the past from occurring in the future, it would be necessary to understand the human subjects protections now in place. Nancy Kass and Jeremy Sugarman discuss the results of the Committee’s attempts to measure the operation and effectiveness of the current system for protection of human subjects. Paul Appelbaum comments on the relevance and value of the Committee’s empirical projects to contemporary human subjects research.The Committee’s work, and the products of any commission’s work, must be viewed partly in light of the place of commissions in bioethics scholarship and policymaking. Appointed commissions can have significant impacts on scholarly and public thinking, policymaking, and future direction, and bring high visibility to issues. It is important to realize that the conclusions of the Committee... (shrink)

In his discussion of the duty of benevolence in §27 of the Metaphysics of Morals, Kant argues that agents have no obligation to promote their own happiness, for ‘this happens unavoidably’ (MS, AA 6:451). In this paper I argue that Kant should not have said this. I argue that Kant should have conceded that agents do have an obligation to promote their own happiness.

In this book, I give a topic-based, modular introduction to philosophy. The book has 16 chapters: 7 in theoretical philosophy and 9 in practical philosophy. Each topic is introduced by means of a concrete question; the main positions on this question are then developed and criticized in turn. I try to avoid taking sides; instead, I emphasize that students must think through the issues for themselves.

In this article, I argue that Kant’s Categorical Imperative applies to maxim tokens rather than to maxim types. The article has three main parts. In the first, I explain my thesis. In the second, I argue for it. In the third, I argue, further, that, if my thesis is correct, then tokens of different maxim types can have different deontic statuses for different agents.

According to a common caricature of Kant’s ethics, it is synonymous with the Categorical Imperative (CI) and with the sublime and clarion call of duty. But in this paper, I argue that the conjunction of Kant’s concept of duty and his idea of morality as a system of imperatives is unsustainable on the grounds that it commits him to the following two theses: (I) If an agent has a duty to D, then she must be constrained to D, and (II) (...) the Supreme Law of Morality always manifests in the form of duty for humans. I begin by examining (and rejecting) various attempts to defend these two theses. I then explore how this bears on various central aspects of Kant's thought including “ought implies can” (OIC), “ought implies able not to” (OIAN), his system of duties, and the nature of respect. (shrink)

Hence I am happy that Howard Stein was willing to publish his comments on the poem, since his unusual command of modern physical theory makes it possible for him to formulate a plausible reinterpretation of Eleatic doctrine within the framework of post-Newtonian or Einsteinian physics. I fully agree with him as to the historical and philosophical value of such a reconstruction, even if it cannot square with every facet of the archaic text under discussion. Simply as a commentary on the (...) text, however, a one-sided interpretation fully worked out will often be more illuminating than a carefully balanced synthesis of different points of view. (shrink)

With the struggle against apartheid achieved, South Africa faced the new struggle of overcoming the HIV/AIDS pandemic. This paper examines the response of government, the innovation system and civil society in rising to the challenge. The response included a fatal denialism concerning the etiology of AIDS, a fatalism that constitutes political market failure. This political market failure was counteracted through the emergence of social entrepreneurship in the form of the Treatment Action Campaign that mobilized civil society and like-minded health practitioners (...) and researchers within the innovation system. Dependency Theory coupled with a Quadruple Helix model of the innovation system offer possible explanations of this complex human tragedy and the way that government was compelled to embark on a massive program of providing anti-retroviral therapy that has now significantly improved life expectancy. The paper provides socio-economic context, appraisal of the innovation system, and a sketch of how the Quadruple Helix took form. Of special importance is the independence of South Africa’s ‘Republic of Science.’ Independent courts were critical in allowing TAC to obtain remedy against government, Big Pharma, and AIDS dissident scientists. It is argued that its Republic of Science met its obligation of objectivity by shifting emphasis to the cause of AIDS research in the face of official denialism. In effect, the system of innovation and social entrepreneurs are shown to have acted in concert in constituting a Quadruple Helix. (shrink)