Trata-se de mostrar em que sentido a concepção normativa de pessoa em John Rawls pressupõe uma transformação semântica da concepção kantiana de subjetividade transcendental, em particular do seu ideal de personalidade. Uma reinterpretação kantiana da concepção normativa de pessoa logra explicar o dispositivo procedimental do equilíbrio reflexivo para responder a críticas comunitaristas em defesa do individualismo inerente ao liberalismo político, concebido não mais como uma doutrina abrangente da auto-identidade mas como um construtivismo, num modelo coerentista de justificativa epistêmico-moral. PALAVRAS-CHAVE (...) – Construtivismo. Equilíbrio reflexivo. Liberalismo político. Personalidade. ABSTRACT The article seeks to show in which sense Rawls’s normative conception of the person does presuppose a semantic transformation of the Kantian conception of transcendental subjectivity, particularly of his ideal of personhood. A Kantian reinterpretation of the normative conception of the person succeeds in accounting for the procedural device of reflective equilibrium so as to address communitarian criticisms in defense of the individualism inherent in political liberalism, conceived no longer as a comprehensive doctrine of selfidentity but as a constructivism, within a coherentist model of moral epistemology. KEY WORDS – Constructivism. Personhood. Political liberalism. Reflective equilibrium. (shrink)

In this essay I consider the normative implications of the notion of reasonability for the construction of an idea of public reason that is cosmopolitan in scope. First, I consider the argument for the distinction between reason and reasonability in the work of Sibley and Rawls. Second, I evaluate the normative implications of reasonability through a consideration of Korsgaard's recent work. Third, I argue for a notion of reasonability that moves us beyond a Kantian concept of autonomy through (...) a consideration of the relationship between reasonability and judgment vis-à-vis Arendt's work on Kant's Third Critique. Finally, I argue for a cosmopolitan appropriation of the notion of reasonability based on Kant's notion of the aesthetic idea. The latter argument relaxes the bonds of public reason, moving us beyond the domain of ethnocentricism. (shrink)

Rawlsian liberalism is best understood and defended on the basis of a concrete but widely shared ideal of the person as a rational agent capable of normative self?determination in the proper political and economic conditions. In Rawls? recent works, this neo?Kantian ideal of free moral personality is no longer understood as a requirement of rational or moral agency as such, but is a concrete historical ideal or meta?value presupposed by the living tradition of liberal?democratic judgment and practice, which (...) reason can recover through a critical reflection upon this tradition. Read in this way, Rawls? theory of social justice articulates a quite powerful, rational, concrete, historical, and social dimension of modern political identity, which the critics of liberalism cannot plausibly deny. But there are other rival, powerful bourgeois?individualist and patriarchal ideals of personhood, equally rooted in modern political judgments and practices, which Rawlsian liberalism ignores, and which taken together generate the social tensions, instabilities, and conflicts of social justice characteristic of modern liberal?democratic society. Rawlsian theory and liberal political thought requires but essentially lacks a conception of moral reason adequate to comprehend and mediate these normative incoherences built into modern Western political identity. A larger more adequate paradigm of moral reason and political theory is required to overcome these deficiencies. (shrink)

John Rawls shares the Enlightenment's commitment to finding moral and political principles which can be reflectively endorsed by all individuals autonomously. He usually presents reflective autonomy in Kantian, rationalist terms: autonomy is identified with the exercise of reason, and principles of justice must be constructed which are acceptable to all on the basis of reason alone. Yet David Hume, Adam Smith and many other Enlightenment thinkers rejected such rationalism, searching instead for principles which can be endorsed by all (...) on the basis of all the faculties of the human psyche, emotion and imagination included. The influence of these sentimentalists on Rawls is clearest in his descriptive moral psychology, but I argue that it is also present in Rawls's understanding of the sources of normativity. Although this debt is obscured by Rawls's explicit "Kantianism," his theory would be strengthened by a greater understanding of its debts to the sentimentalist Enlightenment. (shrink)

McNaughton and Rawling's anti-reductionist intentions are to be welcomed, but are not well served by their continuing adherence to a neo-Humean notion of the 'descriptive'. Their too-willing acceptance of this notion is reflected in a denial of appropriate dialectical weight to considerations about the way 'pattern' disappears from the domain of value when we try to characterize the constituent features of the latter in non-evaluative terms. The need for a satisfactory account of the immanence of value in nature is real (...) enough, but such an account can be given without recourse to the problematic idea of a class of subvenient 'descriptive' properties. Likewise, McNaughton and Rawling's recognition of 'normative facts' is to be endorsed, but such facts are a more widespread and everyday phenomenon than they would have us think. (shrink)

"Dissertation Advisor: Richard Cobb-Stevens Second Reader: David Rasmussen -/- My overall concern is with the Kantian legacy in political thought. More specifically, I want to know if normative talk is still viable in the wake of Wittgenstein and the linguistic turn; and if so, in what form. Most commentators today believe we have to choose between these two thinkers, either sacrificing a real concern with normativity (“relativism”) or a convincing engagement with our ordinary language (“universalism”). I follow Hilary (...) Putnam in thinking we do not have to choose between these rather drastic construals. It might still be possible to defend the force and relevance of normative exchange while still being alive to the drift of ordinary communication. This middle stance is best exemplified, I believe, by what I have called normative evaluation. -/- Basically, I am building on and extending insights and styles of argumentation that Putnam has pioneered over the years. The universalist’s rigid dichotomies (norms vs. values, rules vs. attitudes, thick vs. thin ethical concepts, justice vs. the good life, etc.) all fail the test of ordinary language. As Putnam has also shown, however, we do rely on paired concepts like these and they might still be argued to be strong—rational—enough to justify making *relative distinctions*. A relative distinction between values and norms is decisive, I think, because it would put us in the position to talk meaningfully about and reasonable settle what is more proper to one particular individual, group, or society from what is less so, thereby also making possible a normative exchange *between* them. I am therefore taking Putnam as pointing out a way to preserve key Kantian insights about the irreducibility and ubiquity of the normative while discarding his transcendental wrapping, all the while avoiding the kind of slide to wholesale cultural relativism that so easily follows in the wake of standard critiques of Kant. -/- Chapter 1: General survey. Chapter 2: Historical background (Kant, Kierkegaard, Wittgenstein). Chapter 3: Basic language philosophical arguments. Chapter 4: Rejection of the quasi-transcendental model (Apel & Habermas). Chapter 5: Confrontation with Political Liberalism (the later Rawls). (shrink)

Simon Blackburn can be seen as challenging those committed to sui generis moral facts to explain the supervenience of the moral on the descriptive. We (like perhaps Derek Parfit) hold that normative facts in general are sui generis. We also hold that the normative supervenes on the descriptive, and we here endeavour to answer the generalization of Blackburn's challenge. In the course of pursuing this answer, we suggest that Frank Jackson's descriptivism rests on a conception of properties inappropriate to discussions (...) of normativity, and we see reason to reject descriptivism generally. We also discuss the views of David Brink, Jonathan Dancy and Bernard Williams in this area. (shrink)

The main purpose of the paper is to contribute to reconstructing the kind of normativity underlying Rawls’s notion of public reason and of the reasonable. The implicit target is the somewhat popular view according to which the transition from the framework of A Theory of Justice to that of Political Liberalism would entail a loss of normativity. On the contrary, the related ideas of public reason and the reasonable are argued to presuppose a notion of normativity (...) – linked with judgment – far more consistent with the premise of the fact of pluralism. After reconstructing Rawls’s notion of public reason, the two following problems are addressed: the problem of determining when allegedly shared truths, the building stones of public reason, are really such and, second, the problem of what it means for one reason to follow or proceed from a shared basis. In the context of such discussion three distinct meanings of the term ‘reasonable’ are identified, and the normatively more demanding one – the notion of some thesis or proposal being not just reasonable, but comparatively ‘more reasonable’ than another – is found to require that the reasonable be understood as the exemplary and, consequently, that we find ways to translate the Kantian doctrine of the exemplary yet universalist validity of aesthetic judgments into a non-aesthetic vocabulary. (shrink)

Thomas Pogge has been challenging liberal thinking on global politics, often through critical engagement with John Rawls’ work. Pogge presents both normative and empirical arguments against Rawls: normatively, Rawls’ domestic Theory of Justice and global Law of Peoples are incompatible ideal theories; empirically, LP is too removed from the actual world to guide the foreign policy of liberal societies. My main purpose here is to contest the first, ideal theory criticism in order to direct more attention to (...) the second, non-ideal objection. I argue against Pogge that TJ and LP can be read as coherent, once one employs a Rousseauian rather than Pogge’s economic Kantian reading of TJ. The first two sections present Pogge’s view of TJ and contrast it with a Rousseauian alternative that is less cosmopolitan and economic and much more focused on the democratic and sovereign context of justice as fairness. The third section seeks to refute Pogge’s incoherence arguments, which encompass the identity of the parties to the international original position, their motivations and their decisions. Instead of a conclusion, the last section emphasizes LP’s non-ideal problems, and suggests that insofar as LP is the most robust liberal ideal theory of global politics, its empirical failure indicates the need to shift global justice theorizing even more to the non-ideal realm.Keywords: Rawls; Pogge; global justice; ideal theory; non-ideal theory; cosmopolitanism; statism; Rousseau; Kant; democracy. (shrink)

McNaughton and Rawling present a view on which practical reasons are facts, such as the fact that the rubbish bin is full. This is a non-normative fact, but it is a reason for you to do something, namely take the rubbish out. They see rationality as a matter of consistency. And they see duty as neither purely a matter of rationality nor of practical reason: on the one hand, the rational sociopath is immoral; but, on the other, morality does not (...) require that we always act on the weightiest moral reasons. McNaughton and Rawling criticize various forms of internalism, including Williams’s, and they tentatively propose a view of duty that is neither purely subjective in Prichard’s sense, nor purely objective. (shrink)

This article examines the nature of rationality. The domain of rationality is customarily divided into the theoretical and the practical. Whereas theoretical or epistemic rationality is concerned with what it is rational to believe, and sometimes with rational degrees of belief, practical rationality is concerned with what it is rational to do, or intend or desire to do. This article raises some of the main issues relevant to philosophical discussion of the nature of rationality. Discussions of the nature of practical (...) rationality and reason concern norms of choice, and it seems that if such norms are not arbitrary, arguments over what those norms are must ultimately be a theoretical matter. Furthermore, this article explores rationality's role in and relation to other domains of inquiry: psychology, gender, personhood, language, science, economics, law, and evolution. (shrink)

In this article we take off from critiques of psychological and school bullying typologies as creating problematic binary categories of bully and victim and neglecting sociocultural aspects of gender and sexuality. We review bullying research informed by Judith Butler’s theories of discursive performativity, which help us to understand how subjectification works through performative repetitions of heterosexual gender norms. We then build on these insights drawing on the feminist new materialist approach of Karen Barad’s posthuman performativity, which we argue enlarges our (...) scope of inquiry in profound ways. Barad’s theories suggest we move from psychological models of the inter-personal, and from Butlerian notions of discursive subjectification, to ideas of discursive-material intra-action to consider the more-thanhuman relationalities of bullying. Throughout the article, we demonstrate the approach using examples from qualitative research with teens in the UK and Australia, exploring nonhuman agentic matter such as space, objects and time as shaping the constitution of gender and sexual bullying events. Specifically we examine the discursive-material agential intraactions of skirts and hair through which ‘girl’ and ‘boy’ and ‘slut’ and ‘gay’ materialise in school spacetimematterings. In our conclusion we briefly suggest how the new materialism helps to shift the frame of attention and responses informing gendered intraactions in schools. (shrink)

In Groundwork for the Metaphysics of Morals, Immanuel Kant aims to articulate and defend “the supreme principle of morality.” He presents the elements of this basic principle in his famous formulations of the Categorical Imperative, which demand that we universalize our maxims, respect humanity as an end in itself, and conform to the moral principles that we will as rational persons with autonomy. Kantians disagree about the interpretation and relative importance of these various formulations, but most now agree that although (...) they provide no algorithms, the formulations can be helpful in guiding moral deliberation and judgment. Hill explains the basic features of the formulations, reviews different interpretations, illustrates how they might guide judgment regarding the duty of beneficence, and notes various problems that each formulation raises. (shrink)

This book is a comparative study of Kant, Rawls, and Habermas and a critical survey of recent theories of justice. It defends the thesis that the normative ground or basis of social criticism is found in a concept of the person as a free and equal moral being.

In this paper, I contrast two approaches to political legitimacy, both influenced by Rawls. One is the classic political liberal picture, according to which a state is legitimate if its “constitutional essentials” could be endorsed by reasonable citizens. The alternative is the idea that what makes a state legitimate is primarily its success at organizing the basic structure in a way that is demonstrably favorable to the governed. Specifically, I suggest that a state is legitimate insofar as it organizes (...) the basic structure in a manner that makes it easier for citizens to behave justly towards one another and adopt autonomous choices. I then move to demonstrate the superiority of this normative impact solution to the problem of legitimacy vis-à-vis political liberalism, even when reasonable disagreement about justice is factored in. (shrink)

In this paper, I engage with the debate between John Rawls and Charles Mills. In the first part, relevant works by Rawls and Mills are mainly examined. To this end, I first begin by examining Rawls’s ideal theory of justice and its relevance to the issue of racism. I then consider Mills’s non-ideal critique of Rawls and supplement it with the help of the notion of social norms. Whereas Rawls’s view can deal with racial injustice (...) as discrimination, in my view, I argue that Mills’s theory is mostly concerned with racist injustice as oppression. Between racial injustice as discrimination and racist injustice as oppression, however, there are varying degrees of race-related wrongs, which can be elucidated by harmful social norms. As a result, I conclude that Mills’s point can be shown without supposing that the Rawlsian basic structure is inherently racist. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section (...) 40 of Theory, we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, (...) the design of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of (...) class='Hi'>Rawls, Habermas and Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual (...) conception. I shall first argue that the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the (...) focus on social contract that grounds both his accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

John Rawls’s 1980 Dewey Lectures are widely acknowledged to represent the locus classicus for contemporary discussions of moral constructivism. Nevertheless, few published works have engaged with the significant interpretive challenges one finds in these lectures, and those that have fail to offer a satisfactory reading of the view that Rawls presents there or the place the lectures occupy in the development of Rawls's thinking. Indeed, there is a surprising lack of consensus about how best to interpret the (...) constructivism of these lectures. In this paper, I argue that the constructivism presented in the Dewey Lectures is best understood as involving the view that moral truth is correspondence with procedurally-determined, stance-dependent facts. Employing Rawls’s discussion of rational intuitionism as a foil, I defend this reading against textual discrepancies from within the lectures, as well as those one finds across Rawls’s other works. In addition to settling interpretive disputes, I draw out the ways in which this understanding of Kantian constructivism fits within the broader comparative project in ‘moral theory’ that Rawls inherits from Sidgwick. (shrink)

ABSTRACT: When considering normative concepts, such as distributive justice, one must consider both the question how concepts can have normative force and which particular conceptions of these concepts have this normative force. In this article I consider the view that the human capacity for autonomy accounts for normativity, and argue that adopting this view commits one to a responsibility-sensitive theory of distributive justice. This conclusion puts me directly at odds with the work of John Rawls, who derives his (...) responsibility-insensitive difference principle from a similar account of autonomy. However, I argue that such an argument would be based on a mischaracterisation of what is significant about the human capacity for autonomy. RÉSUMÉ : Pour envisager des concepts normatifs, tels que la justice distributive, il faut à la fois considérer la question de savoir comment les concepts peuvent avoir une force normative et se demander aussi quelles conceptions de ces concepts en sont dotés. Cet article considère que la capacité propre à l’humain d’être autonome rend compte de la normativité nous engage à adopter une théorie de justice distributive qui est sensible à la responsabilité. Cette conclusion entre directement en conflit les théories de Rawls, qui tire d’une explication similaire sur l’autonomie son principe de responsabilité qui ne tient pas compte de la différence. Un tel argument se fonde sur une mauvaise caractérisation de ce qui est important dans la capacité propre à l’humain d’être autonome. (shrink)

At a time when ethical and political philosophy were thought passé, John Rawls gave serious attention to ethical questions, providing them with a renewed academic legitimacy. This helped fields of practical ethics such as bioethics become established in higher education and in public affairs. This essay addresses the influence Rawls has had on bioethics through both the style and the substance of his ethical argumentation. The essay argues that his distinctive rhetorical strategy and tone attempted to rein in (...) the scope of normative commitments in order to make an equilibrium between refined understandings of freedom and equality possible and sustainable. Bioethics has been strongly influenced by this approach to maintaining social stability in a liberal society that has become highly stratified and culturally diverse. Bioethics continues to echo the Rawlsian call for a calmly reasoned political life but finds that call increasingly difficult to answer. (shrink)

In this book Harris intends to construct an agent-centered conception of morality grounded on a naturalistic understanding of practical reason. In order to achieve this goal, he contrasts his Aristotelian revisionist perspective with the traditional and internalist Kantian proposals, focusing on two specific matters: the opposition between agent-centered and agent-neutral norms, and the newer and very interesting discussion of symmetrical versus asymmetrical regulative norms. The first topic will be especially relevant for the rejection of traditional Kantianism, while the second (...) will be the main argument against Kantian internalism. The author defends the thesis that some nouns have priority in some contexts and not in others against the context-insensibility of Kantian theories. In particular, giving a fair account of them and plenty of detailed argument to refute some of their aspects, he discusses Barbara Herman’s, Marcia Baron’s, Nancy Sherman’s, David Cummiskey’s, Christine Kosgaard’s, and John Rawls’s proposals. (shrink)

G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...) Finally, on this basis, it draws a contrast between constructivist and foundational methods of ethics, such as deontology and teleology. (shrink)

This chapter discusses how order ethics relates to the theory of justice. We focus on John Rawls's influential conception "Justice as Fairness" (JF) and compare its components with relevant aspects of the order-ethical approach. The two theories, we argue, are surprisingly compatible in various respects. We also analyse how far order ethicists disagree with Rawls and why. The main source of disagreement that we identify lies in a thesis that is central to the order ethical system, viz. the (...) requirement of incentive-compatible implementability. It purports that an ethical norm can be normatively valid only if individuals have a self-interested motive to support it. This idea conflicts with the Rawlsian view because there are cases where it is not clear, from the standpoint of self-interest, why everybody should support its moral demands. If the thesis of incentive-compatible implementability is, in fact, correct, a proponent of JF would have to reform her views. We suggest how she could do that while salvaging the heart of her normative system as a “regulative idea”. The conception that would result from this reformation may be seen as a new variant of order ethics, which we propose to call “Rawlsian Order Ethics”. (shrink)

I argue that Rawls’ reading of Kant has been a major influence on the work of some contemporary Kantian scholars. Rawls’ influence on the new Kantian moral theory can be recognized in several points: a) the conception of philosophy as a “deeply practical project”, which leads to the adoption of a first-person approach to ethics; b) the reception of Kant’s philosophy within a pragmatic context, which leads to play down the metaphysical implications of Kant’s dualisms, in (...) favor of an interpretation which seems plausible within a political culture given in advance c) a characteristic interpretation of Kant’s moral constructivism, which while stressing the primacy of the right over the good, tries to specify the ways in which the good plays a role in morals, thereby opening a way to show the relevance of the empirical in Kant’s ethics d) an approach to Kant’s practical reason which stresses the complementarities between the Hypothetical and the Categorical Imperative, interpreted in the light of Rawls’ distinction between the Rational and the Reasonable; e) the central role played by the concept of “rational nature” in the new Kantian moral theory, which may likewise be related to Rawls’ concern for clarifying the conception of the person behind his approach to practical reason. (shrink)

According to the Kantian-Brandomian view of concepts, we can understand concepts in terms of norms or rules that bind those who apply them, and the application of a concept requires that the concept-user be sensitive to the norms governing its application. But this view faces some serious objections. In particular, according to Rosen, Glüer and Wikforss, this view leads to a vicious regress of norms. The purpose of this paper is to defend a version of the Kantian-Brandomian view (...) of concepts against this objection. I argue that we can deal with this problem along the lines of a coherentist account of justification. (shrink)

Perfectionism is an underexplored tradition, perhaps because of doubts about the grounds, content, and implications of perfectionist ideals. Aristotle, J.S. Mill, and T.H. Green are normative perfectionists, grounding perfectionist ideals in a normative conception of human nature involving personality or agency. This essay explores the prospects of normative perfectionism by examining Kant’s criticisms of the perfectionist tradition. First, Kant claims that the perfectionist can generate only hypothetical, not categorical, imperatives. But insofar as the normative perfectionist appeals to the normative category (...) of personality or agency, rather than a biological category of humanity, it can represent perfectionist demands as categorical imperatives. Second, Kant accepts a moral asymmetry in which we aim at our own perfection but at the happiness, rather than the perfection, of others. However, the importance of autonomy in normative perfection explains why the perfectionist should recognize a self/other asymmetry. Indeed, when we see how the normative perfectionist can answer Kant’s criticisms while respecting Kant’s own claims about the connection between rational nature and moral requirements, we can see the basis for a normative perfectionist interpretation of Kant’s own ethical theory. Insofar as Kantians and normative perfectionists both base ethical demands on an appeal to rational nature, they face a common worry that the appeal to rational nature is empty or incomplete. Normative perfectionists have more and less concessive responses to this worry, providing perfectionist explanations of various apparently non-perfectionist goods. Even if we end up being pluralists about the good, perfectionist elements play an important role. Finally, because the normative perfectionist, like the Kantian, grounds its ideals and requirements in a conception of persons as rational agents, it provides a promising account of the rational authority of perfectionist demands. This comparison of normative perfectionist and Kantian essentials gives us reason to take the normative perfectionist tradition seriously. (shrink)

Many neo-Aristotelians argue that practical identities are normative, that is, they provide us with reasons for action and create binding obligations. Kantian constructivists agree with this insight but argue that contemporary Aristotelians fail to fully justify it. Practical identities are normative, Kantian constructivists contend, but their normativity necessarily derives from the normativity of humanity. In this paper, I shed light on this underexplored similarity between neo-Aristotelian and Kantian constructivist accounts of the normativity of practical (...) identities, and argue that both ultimately fail. I end by suggesting an alternative justification of the claim that practical identities are normative. (shrink)

propose an interpretation of the concept of legal validity as a Kantian category so that the question about the ultimate foundation for the validity of a legal order does not arise, since it makes sense to ask about the reasons for the validity of specific legal norms, but it is illegitimate to apply this concept to the totality of norms of a legal system. Thus, the basic norm is not to be conceived as the final grounding of legal validity (...) but as the ultimate transcendental condition for the cognition of it. I also reformulate the Kelsenian concept of effectiveness in terms of the apriori condition that guarantees the existence of legal systems as the objects of study of the science of law. (shrink)

Calling Kant a liberal philosopher requires important qualifications. Much like his theoretical philosophy, his political transcendentalism was and remains a great enterprise of navigating between the extremes of liberalism and conservatism, of balancing the “empirical” and the “pure” in human society, as well as in human mind. Of all the attempts to enlist Kant among the classics of liberalism, John Rawls’ is the most impressive and thorough. However, it is hardly a success. The reason for this lies in a (...) profound difference in their answering the fundamental question “What is Man?”. This paper is an attempt to revise the debate about the extent of Rawls’ Kantianism and to compare the meanings of basic concepts of what could be called “pure political anthropology” in Kant and in Rawls. (shrink)

Critical attention directed to John Rawls’s ideal theory has in particular leveled three charges against it: first, its infeasibility; second, its inadequacy for providing normative guidance on actual injustices; and third, its insensitivity to the justice concerns of marginalized groups. Recently, advocates for Rawls’s ideal theory have replied that problems arising at the stage of ideal theory can be addressed at the later stage of his nonideal theory. This article disputes that claim by arguing that although Rawls’s (...) nonideal theory provides a good answer to the infeasibility charge, it does not do so for the second and third charges. To argue for this thesis, I illustrate that nonideal theory in Rawls’s Law of Peoples is unable to identify crucial injustices that emerge in the nonideal conditions of real world globalization. (shrink)

Critical attention directed to John Rawls ’s ideal theory has in particular leveled three charges against it: first, its infeasibility; second, its inadequacy for providing normative guidance on actual injustices; and third, its insensitivity to the justice concerns of marginalized groups. Recently, advocates for Rawls ’s ideal theory have replied that problems arising at the stage of ideal theory can be addressed at the later stage of his nonideal theory. This article disputes that claim by arguing that although (...) Rawls ’s nonideal theory provides a good answer to the infeasibility charge, it does not do so for the second and third charges. To argue for this thesis, I illustrate that nonideal theory in Rawls ’s Law of Peoples is unable to identify crucial injustices that emerge in the nonideal conditions of real world globalization. (shrink)

While it is uncontroversial that Kantian constructivism has implications for normative ethics, its status as a metaethical view has been contested. In this article, I provide a characterisation of metaethical Kantian constructivism that withstands these criticisms. I start by offering a partial defence of Sharon Street’s practical standpoint characterisation. However, I argue that this characterisation, as presented by Street, is ultimately incomplete because it fails to demonstrate that the claims of Kantian constructivism constitute a distinctive contribution to (...) metaethics. I then try to complete the practical standpoint characterisation by elaborating on Christine Korsgaard’s suggestion that metaethical Kantian constructivism takes up a position on the source of morality’s normativity. (shrink)

Central to the Rawls–Harsanyi dispute is the question of whether the core modeling device of Rawls' theory of justice, the original position, justifies Rawls' principles of justice, as Rawls suggests, or whether it justifies the average utility principle, as Harsanyi suggests. Many commentators agree with Harsanyi and consider this dispute to be primarily about the correct application of normative decision theory to Rawls' original position. I argue that, if adequately conceived, the Rawls–Harsanyi dispute is (...) not primarily a dispute about the correct application of normative decision theory to Rawls' original position. Instead, Rawls and Harsanyi aim to model different moral ideals, and this difference in their moral assumptions leads them to significantly different conclusions about justice. There is no winner in the Rawls–Harsanyi dispute. Instead, the dispute merely clarifies the moral ideals and their formal representations that need to be assumed in order to justify either Rawls' contractualist principles of justice or the average utility principle. Thus understood, the Rawls–Harsanyi dispute offers a promising starting point for future research that can deepen and enrich our understanding of the demands of justice. (shrink)

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and (...) pursuing their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal. (shrink)

This paper offers a critique of Christine Korsgaard’s interpretation of Kantian instrumental reason. Korsgaard understands Kantian hypothetical imperatives to share a common normative source with the categorical imperative – namely self-legislating, human rational agency. However, her reading of Kantian hypothetical imperatives is problematic for three reasons. Firstly, Korsgaard’s agent-centred approach renders incoherent Kant’s analytic-synthetic division. Secondly, by minimising the dualistic framework of Kant’s practical philosophy the dialectical character of practical rationality is lost: norms of instrumental reasoning therefore (...) become confused with those of moral reasoning. Thirdly, this in turn curtails the distinct critical authority of pure practical rationality over instrumental choice. The paper argues that we need to understand the normativity of instrumental rationality through the lens of Kant’s dualisms. An alternative interpretation is offered which highlights how the norms of hypothetical imperatives appeal to standards of theoretical cognition and practical efficiency rather than the self-legislative demands of pure practical reason. (shrink)

This article is a defense of John Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. The original charges were that Rawls’s decision procedure for ethics does not justify his own moral principles, especially those making up his liberal conception of justice, and that the underlying problem may well keep the decision procedure from justifying any moral principles whatsoever, or at least any normatively (...) useful ones. These difficulties are manifested in the work of Rawls as the dogmatism of championing a distinctive conception of justice, a liberal one as he himself calls it, through a justification model that comes across as too objective to permit such a bias and too universal to support any substantive conclusions at all. The solution contemplated here is to position the decision procedure as a justification model responsive to moral progress, and thereby equally open to all moral input, thus removing the inconsistency between the inherent universalism of the design and the distinctive character of the outcome, including the moral principles Rawls himself recommends, so long as they are consistent with moral progress. (shrink)

Constructivism about practical judgments, as I understand it, is the notion that our true normative judgments represent a normative reality, while denying that that reality is independent of our exer-cise of moral and practical judgment. The Kantian strain of practical constructivism (through Kant himself, John Rawls, Christine Korsgaard, and others) has been so influential that it is tempting to identify the constructivist approach in practical domains with the Kantian development of the out-look. In this essay I explore (...) a somewhat different variety of practical constructivism, which I call Aristotelian Constructivism. My aim is to establish conceptual space for this form of constructivism by indicating both in what ways it agrees with its Kantian counterparts and in what ways it differs. I argue that Aristotelian Constructivism is on one sense more faithful to the constructivist enterprise than the Kantian varieties, in that its understanding of both the establishment of practical truth and the vindication of the theory itself is constructivist. (shrink)

The background thesis is that an implicit ontology of the people and the relation between the people and the state often shapes how we think in normative terms about politics. This article attempts to defend that thesis in relation to Rawls. The argument is that the rejection of an image of the people as a group agent connects with his objection to utilitarianism and the rejection of an image of the people as a mere aggregate connects with his objection (...) to libertarianism. Rawls, it is argued, holds by an in-between picture and it is this that explains many of his most distinctive commitments. Key Words: Rawls • social ontology • group agent • solidarism • singularism • civicity. (shrink)

The aim of this paper is threefold. First, I critically examine two dominant Kantian views of practical justification and argue that they cannot provide an appropriate account of the normative force of moral and political principles. Secondly, as the main reason for these unsuccessful attempts, I identify a certain interpretation of Kant's account of practical judgement. Finally, I point to some of the differences between this interpretation and Kant's own claims on practical judgement, in order to suggest an alternative (...) approach; I also note the tension between slogans, like ‘political, not meta – physical’ or ‘we must stay philosophically on the surface’, on the one hand, and, on the other, the appeal this alternative approach must make to some elements of Kant's metaphysics. (shrink)

Those who criticize as well as those who nowadays defend constructivism in metaethics consider John Rawls’s constructivism to be incomplete. According to them, his ontological agnosticism makes evident this incompleteness; I question this widely accepted charge. I propose an alternative interpretation, according to which Rawls’s agnosticism is the effect of his metaethics rather than a lack of metaethics. Thanks to this interpretation, I question the originality and attractiveness of Rawls’s metaethics. My claim is that Rawls’s metaethics (...) adequately captures the specific historical nature of political norms. (shrink)

This article will investigate Rawls's claim that his theory is Kantian in origin. In drawing on the Lectures on the History of Moral Philosophy, I will show that Rawls's claim to be Kantian cannot be conclusively explained and assessed without the Lectures. An investigation of the Lectures shows that Rawls forces onto Kant's theory a Rawlsian interpretation which crucially alters Kant's theory. So far the secondary literature has neglected to subject Rawls's Lectures to detailed (...) philosophical scrutiny. This article aims to fill this gap in the literature on Rawls's Kantianism. I will identify three points in Rawls's interpretation of Kant (need for CI-procedure, willing condition, true human needs) which are questionable. I argue that the similarities of Rawls's theory to Kant are due to these (mis)interpretations, which makes Rawls's claim to be Kantian ultimately not legitimate. (shrink)