How Hume and Kant Reconstruct Natural Law


Book Description

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.




Force and Freedom


Book Description

In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.




Understanding Kant's Ethics


Book Description

A systematic guide to Kant's ethical work and the debates surrounding it, accessible to students and specialists alike.










The Development of Kant's View of Ethics


Book Description

Originally published in 1972, The Development of Kant's Ethics is Keith Ward's exceptional analysis of the history of Kant's ideas on ethics and the emergence of Kantian ethics as a mature theory. Through a thorough overview of all of Kant's texts written between 1755 and 1804, Ward puts forth the argument that the critical literature surrounding Kantian ethics has underplayed Kant's concern with the role of happiness in relation to morality and the significance of the tradition of natural law for the development of Kantian ethics. Covering all of Kant's extant works from Nova Dilucidatio to Opus Postumum, Ward traces the progression of Kant's views from his early ideas on Rationalism to Moral Sense Theory and the development of Critical Philosophy, and finally to his later-life writings on the relationship between morality and faith. Through careful analysis of each of Kant's works, Ward details the scientific, philosophical, and theological ideas that influenced Kant—such as the works of Emanuel Swedenborg—and demonstrates the critical role these influences played in the development of Kantian ethics. Offering a rare and extraordinary historical view of some of Kant's most important contributions to philosophy, this is an invaluable resource for scholars engaged in questions on the origins and influences of Kant's work, and for students seeking a thorough understanding of Kant's historical and philosophical contexts.




The Form of Practical Knowledge


Book Description

Immanuel Kant's claim that the categorical imperative of morality is based in practical reason has long been a source of puzzlement and doubt, even for sympathetic interpreters. In The Form of Practical Knowledge, Stephen Engstrom provides an illuminating new interpretation of the categorical imperative, arguing that we have exaggerated and misconceived Kant's break with tradition. By developing an account of practical knowledge that situates Kant's ethics within his broader epistemology, Engstrom’s work deepens and reshapes our understanding of Kantian ethics.