In the second Critique, Kant claims that the moral law is given as a fact of reason. In this paper, contra the standard view, I argue that there is a non-dogmatic way of defending this claim. And Kant’s principle of morality is widely taken to be a formal principle. How then can such a formal principle be reconciled with our substantial moral end? In this paper, I also argue that Kant’s principle of morality can be construed as a (...) formal principle in the sense that it provides correctness conditions for moral laws, rather than providing specific moral laws.Dans sa deuxième Critique, Kant affirme que la loi morale se donne comme un fait de raison. Dans cet article, contrairement à la position standard, nous prétendons qu’il existe une autre façon — non dogmatique — de défendre cette affirmation. Par ailleurs, le principe de moralité de Kant est largement considéré comme étant formel. Comment un tel principe formel peut-il être réconcilié avec notre fin morale substantielle? Nous soutenons également que le principe de moralité de Kant peut être interprété comme un principe formel dans le sens où il fournit des conditions d’acceptabilité pour les lois morales, et non des lois morales spécifiques. (shrink)

In this article I offer a critical commentary on Jeanine Grenberg’s claim that, by the time of the second Critique, Kant was committed to the view that we only access the moral law’s validity through the feeling of respect. The issue turns on how we understand Kant’s assertion that our consciousness of the moral law is a ‘fact of reason’. Grenberg argues that all facts must be forced, and anything forced must be felt. I defend an alternative interpretation, (...) according to which the fact of reason refers to the actuality of our moral consciousness. (shrink)

Kant's Moral Law: Groundwork of the Metaphysics of Morals ranks with Plato's Republic and Aristotle's Ethics as one of the most important works of moral philosophy ever written. In Moral Law, Kant argues that a human action is only morally good if it is done from a sense of duty, and that a duty is a formal principle based not on self-interest or from a consideration of what results might follow. From this he derived his famous and (...) controversial maxim, the categorical imperative: "Act as if the maxim of your action were to become by your will a universal law of nature." H. J. Paton's translation remains the standard in English for this work. It retains all of Kant's liveliness of mind, suppressed intellectual excitement, moral earnestness, and pleasure in words. The commentary and detailed analysis that Paton provides is an invaluable and necessary guide for the student and general reader. (shrink)

Few books have had as great an impact on intellectual history as Kant's The Moral Law . In its short compass one of the greatest minds in the history of philosophy attempts to identify the fundamental principle 'morality' that governs human action. Supported by a clear introduction and detailed summary of the argument, this is not only an essential text for students but also the perfect introduction for any reader who wishes to encounter at first hand the mind of (...) one of the finest and most influential thinkers of all time. (shrink)

The Moral Law is fulfilled iff everything that ought to be the case is the case, and The Good is realised in a possible world w at a time t iff w is deontically accessible from w at t. In this paper, I will introduce a set of temporal modal deontic systems with propositional quantifiers that can be used to prove some interesting theorems about The Moral Law and The Good. First, I will describe a set of systems (...) without any propositional quantifiers. Then, I will show how these systems can be extended by a couple of propositional quantifiers. I will use a kind of TxW semantics to describe the systems semantically and semantic tableaux to describe them syntactically. Every system will include a constant · that stands for The Good. ‘·’ is read as ‘The Good is realised’. All systems that contain the propositional quantifiers will also include a constant '*' that stands for The Moral Law. '*' is read as ‘The Moral Law is fulfilled’. I will prove that all systems (without the propositional quantifiers) are sound and complete with respect to their semantics and that all systems (including the extended systems) are sound with respect to their semantics. It is left as an open question whether or not the extended systems are complete. (shrink)

This essay shows how Derrida, in a variety of texts, engages directly or indirectly with the Kantian moral law, which rests on the assumption of man's autonomy vis-à-vis his natural inclinations. In the background of this analysis is Derrida's engagement with Freud, the latter having argued that the Kantian moral law is located in, and can be equated with, the superego. Derrida challenges Freud's assignation of the moral law (solely) to the superego, and suggests that what appears (...) to Kant as the moral law and to Freud as the demands of the superego, already involve a limitation of a much more radical demand on the self: that of absolute sacrifice, and which one can understand with reference to Freud's death drive. This demand can be referred to as the law of law, that is, the law which makes of the moral law a law. Within this broader framework, the essay explores in detail Derrida's reading of Kant's notion of respect that is owed to the moral law, the notion of duty, and the formulation of the categorical imperative by Kant in terms of an ‘as if’. (shrink)

According to a common reading of Kant, autonomy refers to the idea that pure reason gives the moral law to itself. Pauline Kleingeld and Marcus Willaschek reject this standard view both on textual as well as philosophical grounds. Instead, they argue that autonomy only selects mid-level principles, such as ‘help others,’ and that the moral law is a priori and not given. – In this paper, I first analyze on textual grounds what Kant means when he says that (...) a principle is a priori. I argue that Kant does not conceive of a priori laws as permanently existing entities. Rather they are the product of how reason necessarily functions if it is prompted by sensibility. Kant also uses the word ‘autonomy’ in this context. I then argue that this non-standard view of autonomy as an activity can meet the philosophical objections that Kleingeld and Willaschek raise against autonomy as a giving of the moral law. (shrink)

Patricia White has recently attempted to construct an ethically valid notion of forgiveness that will serve educational purposes and contribute to the moral development of pupils in schools. She distinguishes between a strict view that requires repentance before forgiveness, which she rejects, and a relaxed view that does not require repentance, which she endorses. In this reply I defend the strict view of forgiveness against her criticism and challenge the ethical propriety of the relaxed view. I shall argue that (...) her support for the relaxed view both runs counter to our deepest moral intuitions and serves to undermine the moral law and moral endeavour. (shrink)

This paper examines two main aspects of Kant‟s systematic moral philosophy. Firstly, Kant‟s conception of „The Moral Law within‟ is elucidated with strict reference to Kant‟s overall, holistic picture of critical philosophy. The Moral Law is intriguing in the history of moral philosophy as it is framed by an unorthodox epistemological and ontological structure. Kant‟s position is that we must limit knowledge in order to make room for faith. This move will be discussed in an analysis (...) of what can be known about The Moral Law. Secondly, certain claims made by Kant regarding morality will be examined through the lens of his Categorical Imperative. However, the problematic issues I expound are not merely errors of logic. Rather, I find that implicit in Kant‟s moral system lies an insidious moral absolutism. Kant‟s system does not embrace heterogeneity of individual freedom. Instead, it non-critically projects Kant‟s own perspectives on morality and reduces the complexities of different individuals to one absolute, ideal, type of individual. Finally, this analysis illustrates the radical shifts that have been made in thinking about the world and our place within it. (shrink)

Much recent work on Kant's argument that the Categorical Imperative is the fundamental principle of morality has focused on the gap in that argument between the conclusion that rational agents conform to laws that apply to every rational agent, and the requirement contained in the Universal Law of Nature formula.1 While it seems plausible – even trivial– that a rational agent, insofar as she is a rational agent, conforms to whatever laws there are that are valid for all rational agents, (...) there does not appear to be any obvious route from this seemingly trivial claim to the controversial and substantive principle of acting only on maxims that one can at the same time rationally will every rational agent to act on.2 In what follows, I argue that the connection between rational agency and mere conformity to universally valid laws is not as trivial as it may seem. Many readers, I suspect, assume that Kant makes the trivial claim about rational agency because rational agency is rational, and being rational requires conforming to those laws that apply to all rational beings. For instance, this assumption is implicit in Onora O'Neill claim that "the interest of a Kantian universality test is that it aims to ground an ethical theory on notions of consistency and rationality rather than upon considerations of desire and preference."3 But, as I contend in what follows, the requirement to conform to laws valid for all rational agents is based on the fact that rational agency is, not rational, but agency. Indeed, the arguments leading to the first formulation of the Categorical Imperative rely on the idea of rational willing as a kind of causation in order to show this. And, as it turns out, the claim that the concept of causation contains the idea of conformity to universally valid laws is not a trivial claim. (shrink)

Respect, as Kant describes it, has a duality of nature that seems to embody a contradiction – i.e., it is both a moral motive and a feeling, where these are thought to be mutually exclusive. Most solutions involve eliminating one of the two natures, but unfortunately, this also destroys what is unique about respect. So instead, I question the non-cognitive theory of emotion giving rise to the contradiction. In its place, I develop the cognitive theory implicit in Kant's work, (...) one in which emotions take the form of evaluative judgments that determine the will. I then show that, as a purely rational emotion, respect is perfectly suited to be a moral motive. (shrink)

Although written in Japanese, 意志・格率・道徳法則（Will, Maxim and the Moral Law）pursues the logical connection of these Kantian tools in ethics. Note: the structure of the uploaded document is not the same as the published one.

For Kant, the moral law is the causal law of freedom. However, it is not an explanatory causal law. It is instead a causal law of imputation: it is a law according to which we can be held responsible for the actions the law declares necessary; that is, it is a law according to which we can be considered the causes of whether or not we act lawfully. In this way, the moral law makes possible a kind of (...) causality that is a “third thing” between natural necessity and blind chance. This essay traces the origins of this view to the Antinomy of Pure Reason of the first Critique and shows how it is refined in Kant’s foundational texts in practical philosophy of the 1780s and in his reflections on the nature of human evil from the 1790s. (shrink)

This Element defends a reading of Kant's formulas of the moral law in Groundwork of the Metaphysics of Morals. It disputes a long tradition concerning what the first formula attempts to do. The Element also expounds the Formulas of Humanity, Autonomy and the Realm of Ends, arguing that it is only the Formula of Humanity from which Kant derives general duties, and that it is only the third formula that represents a complete and definitive statement of the moral (...) principle as Kant derives it in the Groundwork. The Element also disputes the claim that the various formulas are 'equivalent', arguing that this claim is either false or else nonsensical because it is grounded on a false premise about what Kant thinks a moral principle is for. (shrink)

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked (...) a passage in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)

In the Groundwork Kant refers to the analogy between the moral law and the law of nature when clarifying the concept of the categorical imperative. However, in the Groundwork itself, he does not give any further explanation as to why he introduces the analogy. Therefore, I take the Groundwork as a starting point of my article, but then I explicate on the analogy from a broader perspective, focusing especially on his lecture courses Moral Mrongovius II and Naturrecht Feyerabend (...) as well as on his Typic chapter of the second Critique. (shrink)

What is the moral law and what role does it and should it play in political theory and political practice? In this entry we will try to answer these important questions by first examining what the moral law is, before investigating the different ways in which the relationship between morality and politics can be conceptualized.

This essay concerns two forms of moral non-naturalism according to which general moral principles or laws enter into the grounding explanations of particular moral facts. According to bridge-law non-naturalism, the laws are themselves partial grounds of the moral facts; whereas according to grounding-law non-naturalism, the laws explain the grounding connections that obtain between particular natural facts and particular moral facts. I pose and develop an objection to BLNN concerning moral worth: as compared to GLNN, (...) BLNN has trouble accommodating the common intuition that actions performed out of motivation for rightness de dicto are, at least in paradigm cases, deficient in their moral worth as compared to those performed out of motivation for rightness de re. After presenting the moral worth objection to BLNN, I respond to a possible defense of the view and explain why GLNN is not itself imperiled by an analogous objection. I finally argue that in light of the moral worth objection, a purported analogy between the law and morality fails to give us any reason to prefer BLNN to GLNN. I conclude that non-naturalists who accept the existence of general and explanatory moral principles should adopt GLNN rather than BLNN. (shrink)

In this paper, I first explain Slajov Žižek’s analysis of the grounds of Kant’s categorical imperative. I show how Žižek considered the grounds of the categorical imperative to be an example of irrationalism that ran counter to the spirit of the Enlightenment, of which Kant was, ironically, a major proponent. The irrationalism in Kant’s moral law makes him vulnerable to moral skepticism. I go on to counter this interpretation by drawing from Kant’s practical philosophy. I counter the (...) class='Hi'>moral skeptic by arguing from moral phenomenology to the existence of a reason that is independent of empirical motivations and so objectively determining. Whatever is objectively determining logically supersedes that which is based on a particular context. The moral law is rooted in the ontology of an independent faculty of reason capable of issuing a universal law. The union of ontology and ethics means that the categorical imperative is not irrational. (shrink)

The concept of an intrinsically immoral act is unattractive and widely rejected in modern moral theory, with some even going so far as to suggest that no such thing can exist. Such thinkers insist that two distinct realms exist: the moral law and the individual conscience. However, Veritatis splendor expressly rejects this stance and accurately foresees its incoherence and the threat accepting it poses to the credibility of Catholic moral teaching. This article examines the writings of Thomas (...) Aquinas as well as several other important church documents to show that personal conscience cannot be separated from the objective moral law. (shrink)

Kant's well-known statement from the “Critique of Practical Reason” (§ 7) that the consciousness of the basic law of pure practical reason (or the customary/moral law) can be called a fact of reason (V, 31.24) has not yet become the subject of adequate attention of domestic researchers. In the “Critique of Practical Reason”, Kant justify his famous categorical imperative by appealing to the “fact of reason” (§ 7). A closer reading of this passage reveals that it refers to a (...) “fundamental law of pure practical reason” and its “consciousness” is called “a fact of reason”. It is likely to think that Kant makes a “naturalistic fallacy” when he tries to justify “ought” (law) from “is” (fact). An analysis of the broader context of the use of the term “fact”, which occurs in the Critique in general 11 times, proves that its denotation is a moral law, which is explained in the corresponding train of thought. A special problem of interpretation is the explanation of the genitive in the expression “a fact of reason” [ein Factum der Vernunft]. It is common to read it as genitivus subjectivus (the fact is a product (act) of the reason, the fact arises thanks to the reason) and as genitivus objectivus (the reason itself is a fact, something factual). But from the standpoint of modern studies of Kant its reading as genitivus auctoris (Willaschek, Wolff, Noller) is promising. Kant’s specific use of the Latin form “ein Factum” in other works, which has the meaning not of “fact”, but of “imputable act” also, testifies in favor of this. Starting with Dieter Heinrich’s article “The Concept of Moral Insight and Kant’s Doctrine of the Fact of Reason” (1960), many researchers interpret the thesis of the “fact of reason” as Kant’s rejection of the attempt at the deduction of moral insight in the “Groundwork of the Metaphysics of Moral” (1785). However, as modern studies (Riedel, Wolff) show, this interpretation is not convincing enough. There are sufficient reasons to believe that it is Kant’s moral and legal doctrine of imputatio facti can explicate an enigmatic passage of the II Critique. (shrink)

'Dry,obscure...Prolix.' That was Kant's own critique of his first Critique - and exasperated students since having it extended to the rest of his work. Yet despite it's sprawling for and forbidding content, Kant's moral philosophy has continued to compel the attention of every serious thinker in the field. Clear, Concise - and overwhelmingly convinvcing - Ralph Walker's brilliant guide spells out the power and renewed relevance of histhinking : a genuinely objective, absolute basis for a modern moral law.

Abstract: In a previous article in this journal, Daniel Kelly, Stephen Stich, Kevin Haley, Serena Eng and Daniel Fessler report data that, according to them, foster scepticism about an association between harm and morality existent in the Turiel tradition ( Kelly et al. , 2007 ). This article challenges their interpretation of the data. It does so by explicating some methodological problems in the Turiel tradition that Kelly et al. themselves in a way inherit and by drawing on new evidence (...) coming from a partial replication of their research. (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)

This chapter contains sections titled: The Concept of a Categorical Imperative The First Formula: FUL and FLN The Second Formula: FH Third Formula: FA (and FRE) The System of Formulas and the “Universal” Formula Conclusion.

This book offers an original intersection of concepts from Immanuel Kant’s moral command ethics and Søren Kierkegaard’s existential ethics. The Kantian formulation of moral law is based on theoretical ground while Kierkegaardian ethics of the quest for selfhood views it as the very act of living. The present work provides an account of both these perspectives and questions whether these approaches to morality are mutually exclusionary. Using Slavoj Žižek’s ‘parallax view’ in the realm of morality, it argues that (...) moral philosophy must engage with a constant critique of ‘difference’ around which the transformation of our various perspectives to morality revolves. This work appeals for furtherance of the conversation model and participation of perspectives to transcend ‘positional confinement’. It advocates the traversing of the ethical parallax to allow for intellectual openness and an empathetic perception of the ‘other’. (shrink)

The purpose of this paper is to think the moral law in Francisco Miró Quesada's version: What is its source? What does it orders? And why is it important for ethics? The paper answers this question while contrasting Miró Quesada's position with that of Thomas Aquinas and Immanuel Kant.

This chapter explores bridge-law non-naturalism: the view that when a particular thing possesses a moral property or stands in a moral relation, this fact is metaphysically grounded in non-normative features of the thing in question together with a general moral law. Any view of this sort faces two challenges, analogous to familiar challenges in the philosophy of science: to specify the form of the explanatory laws, and to say when a fact of that form qualifies as a (...) law. The chapter explores three strategies for answering these questions, all of which maintain that a moral law is a true generalization of the form [It is normatively necessary that whatever ϕ‎s is F]. (shrink)

The Moral Limits of Law analyzes the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings (...) into focus the interaction of legal and moral obligations and the legitimacy of state authority. This volume incorporates a comprehensive critical analysis of the methodology and substance of the debates in recent legal, political, and moral philosophy, regarding political obligation and the moral obligation to obey the law. The author argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable. Higgins therefore presents an original theory of the conscientious agent's attitude towards law that accommodates the contemporary social tension between local and global obligations. (shrink)

It appears that light may be thrown on the nature of moral principles if they are construed as moral laws analogous to ceteris-paribus laws of nature. Luke Robinson objects that the analogy either cannot explain how moral principles are necessary or cannot explain how obligations can be pro-tanto; and that a dispositional account of moral obligation has explanatory superiority over one in terms of moral laws. I explain the analogy, construing laws of nature as necessary (...) relationships after the fashion of William Kneale and Karl Popper. I then show that Robinson’s objections are mistaken and that if the difference between a dispositional account and a law account is not merely verbal, then it is the law account that is superior. I also dispel the common confusion between the necessity of laws and the existence of forces. (shrink)

You might think that, if you make a law, then that law binds you, because you made it. For, if you will the law, then how can you deny that it binds you, without contradicting your own will? But you might also think the opposite. You might think that, if you are the author of the law, then it cannot bind you. For how can it have authority over you when you have authority over it? How can it bind you (...) when you, the lawmaker, can change it, at will, whenever you like?Now, in that pair of arguments mutually contradictory conclusions are drawn from the selfsame premiss: the premiss that you make the law. So at least one of the arguments is invalid. But, even if they are both invalid, they might still be unignorable, because they might have elements of truth in them. They might be healthy argument–embryos out of which sound arguments could develop. And, whatever else is true, each of the arguments is sufficiently persuasive that, mutually contradictory though they are, each was affirmed in Hobbes’s Leviathan, in much the form in which I just stated them.There are, by my count, four arguments in Hobbes for the conclusion that the citizen is obliged to obey the law. Three of the arguments don’t matter here. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the (...) lawmaker. (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)

To advance a successful reading of Kant's theory of motivation, his interpreter must have a carefully developed position on the relation between our rational and sensible capacities of mind. Unfortunately, many of Kant's commentators hold an untenably dualistic conception, understanding reason and sensibility to be necessarily conflicting aspects of human nature that saddle Kant with a rigoristic and fundamentally divided moral psychology. Against these interpreters, I argue for a reading that maintains a unified conception, claiming that we must think (...) of reason and sensibility as interdependent capacities, which stand to one another as form to matter. Our sensible nature thus does not stand opposed to reason; its fundamental character is determined by reason's activity. I take Kant's account of moral motivation and the feeling of respect to represent the lynchpin of this unified account. Against interpreters who would emphasize either the intellectual or affective nature of respect, I claim that it should be understood as the formal element of moral sensibility, the result of practical reason determining the capacity to feel and fundamentally transforming its character. To make this argument, I draw on Kant's account of sensibility in the Critique of Pure Reason, claiming that space, time, and respect for the moral law are analogous formal elements of sensibility. (shrink)