Reason, Humanity, and the Moral Law

Author(s):  
G. A. Cohen

This chapter comments on Christine Korsgaard's views on reason, humanity, and moral law in the context of her ethics. In particular, it examines Korsgaard's response to the question inspired by Thomas Hobbes' second argument, the one about the sovereign: how can the subject be responsible to a law that it makes and can therefore unmake? Korsgaard's ethics descends from Immanuel Kant, but it contrasts in important ways with Kant's ethics. Korsgaard's subject is unequivocally the author of the law that binds it, for its law is the law of its practical identity, and the subject itself “constructs” that identity. In the case of the Kantian subject, we can say that it both is and is not the author of the law that binds it. The chapter considers Korsgaard's claim that morality is grounded in human nature, along with her position on the problem of normativity and on obligation.

Kant-Studien ◽  
2020 ◽  
Vol 111 (2) ◽  
pp. 303-322 ◽  
Author(s):  
Katerina Deligiorgi

AbstractThe paper examines Schiller’s argument concerning the subjective experience of adopting a morality based on Kantian principles. On Schiller’s view, such experience must be marked by a continuous struggle to suppress nature, because the moral law is a purely rational and categorically commanding law that addresses beings who are natural as well as rational. Essential for Schiller’s conclusion is the account he has of what it takes to follow the law, that is, the mental states and functions that encapsulate the idea of moral self contained in Kant’s ethics. Focusing on the fundamental psychological elements and processes to which Kant’s theory appeals and on which it depends to have application, the paper defends an alternative idea of moral self to the one Schiller attributes to Kant.


2021 ◽  
Vol 12 (18) ◽  
Author(s):  
Boris Nikolaievitch Tarassov

Based on the fundamental concepts of the "mystery of man" and Christian realism, the "law of the Ego" and the "law of love" for Dostoevsky's creative consciousness, the article examines the one-sidedness of biologizing and socializing concepts of human nature since the Enlightenment and their connection with entropic processes in the spiritual and moral world of people and declining trends in the course of history. It is shown how the spiritual laws of life, which are leaving the field of view of rationalistic and pragmatic consciousness, transform social-progressive design and planning, and introduce nihilistic elements into them. It is emphasized that the methodology of Christian realism is universal, that it connects the "mystery of man" with the mystery of history, and becomes one of the main principles for assessing the hierarchy of values in various ideological and social systems.


Author(s):  
Vincenzo Ferrone

This chapter examines the change in science's image and the revelation of the philosophers of science's so-called epistemologia imaginabilis in the context of eighteenth-century science and philosophy. Many eminent scholars, from Thomas Hobbes to Denis Diderot, have engaged in the epistemological debate over extending the methods of the natural sciences to the study of human experience. The idea of the unity of knowledge across all disciplines on the basis of scientific methodology reached its peak with Immanuel Kant. Among the great historians, Marc Bloch was the one who best understood the role that a radically new conception of science could play in redefining and reviving the legitimacy of historical knowledge. The chapter considers the intense intellectual debate between historians of science and philosophers of science on the foundations of knowledge and how modern science acquired definitive legitimacy as a new form of knowledge over the course of the eighteenth century.


Author(s):  
Al-Rodhan Nayef ◽  
Puscas Ioana-Maria

This chapter evaluates the fundamental starting point in political theory: human nature. In doing so, it goes beyond conventional wisdom in International Relations. To understand conflict and to chart a way forward, we must re-examine our understanding of human nature. The two dominant theories of International Relations, Realism and Idealism/Internationalism, derived their intellectual origins from such contrasting and dichotomous views of human nature. One, exemplified by Thomas Hobbes, was pessimistic both about human nature and States. The other, exemplified by Immanuel Kant and to some extent Jean-Jacques Rousseau, believed in an innate perfectibility of humans, of States and the international society, which would evolve towards peace. Today, a growing body of evidence from neuroscience permits the re-examination of long-held claims about human nature and what it is that truly drives and motivates human behaviour. Neurophilosophy, the interdisciplinary field connecting findings from neuroscience and philosophy, is relevant for global security and for understanding what can propel good governance, peace, and security.


Grotiana ◽  
2007 ◽  
Vol 26 (1) ◽  
pp. 396-415 ◽  
Author(s):  
Gustaaf van Nifterik

AbstractAn important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war (and peace), since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae (around 1605), one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio (around 1615), and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis (around 1625).Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away.


2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.


2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.


2020 ◽  
Vol 63 (2) ◽  
pp. 17-40
Author(s):  
Josip Guc

Differentiation of morality and legality is one of the fundamental topoi of Kant?s ethics. However, alongside it is often interpreted in too simple (and also sometimes wrong) manner, this differentiation does not demonstrate the whole complexity of Kant?s understanding of moral correctness of certain types of will determination. Thus the goal of this paper is to point out different kinds of morally relevant actions (which are not limited to morality and legality), and then to explain to which extend each of them can be understood as morally correct. For that purpose we will thoroughly consider the issue of determination of will, and then also some of the problematic interpretations of legality and morality, where as a specific issue arises the one of equating morality with autonomy and legality with heteronomy (especially in domestic philosophical works). The issue of different levels of moral correctness of action will also be examined concerning the phenomenon of moral feeling. Particular attention will be given to the role of the kind of action that refer to having direct inclination toward morally correct action, even though it is not directly determined by the moral law. The analysis of these issues brings us to conclusion that legality is satisfied by an action which is outwardly done in a way it would be done by an autonomously determined will. Considering this, the determination of morality precedes the determination of legality. Other way around can be detected only in the process of education.


Philosophy ◽  
2013 ◽  
Author(s):  
Lara Denis

The ethical theory of Immanuel Kant (b. 1724–d. 1804) exerted a powerful influence on the subsequent history of philosophy and continues to be a dominant approach to ethics, rivaling consequentialism and virtue ethics. Kant’s ethical thought continues to be studied in itself, as a part of his critical system of philosophy, in its historical context, and in relation to particular practical questions. Kant’s writings and lectures display the influence of the Stoics, Rousseau, Crusius, Wolff, Hutcheson, Hume, and others; Fichte, Hegel, Nietzsche, Bradley, Greene, Habermas, and Rawls are among the many philosophers whose moral philosophies can be read (in part) as responses to Kant. Salient foundational features of Kant’s ethics include: its a priori method, its conception of the will as autonomous, its categorical imperative, its theory of freedom, and its account of moral motivation. Kant maintained that foundational moral principles must be a priori, not based on observation or experience. Kant takes the moral law to be legislated by the will to itself. Unlike holy beings, human beings experience morality as a constraint upon our wills. For us, the moral law is a categorical imperative. All ethical duties are ultimately grounded in this supreme moral principle. If we are bound to obey the moral law, we must be capable of doing so; Kant holds that, even assuming causal determinism in the phenomenal world, morality reveals our (noumenal) freedom to us. Kant attributes moral worth only to action done from duty (i.e., from respect for the law), not from inclination. Significant aspects of Kant’s fully developed ethical theory include its rich theory of virtue and the virtues, its taxonomy of duties (which include duties to oneself as well as to others), its distinctive conceptions of the highest good and human evil, and its connections with Kant’s philosophies of history, religion, and human nature. Many of Kant’s own discussions of particular duties, virtues, and vices are controversial. For example, Kant appears to condemn all lies as violations of a duty to oneself. This entry focuses on Kant’s ethics rather than Kantian ethics more broadly. Despite that, it includes a number of pieces that apply, extend, or revise Kant’s ethics in some ways, as well as interpretations of Kant’s ethics that some commentators may object stray too far from Kant’s own stated views. Kant’s political philosophy is discussed only peripherally here, save for the section on the Doctrine of Right of the Metaphysics of Morals.


Author(s):  
R.G. Frey

Joseph Butler the moral philosopher is in that long line of eighteenth-century thinkers who sought to answer Thomas Hobbes on human nature and moral motivation. Following the Third Earl of Shaftesbury, he rejects any purely egoistic conception of these. Instead, he analyses human nature into parts, of which he notices in detail appetites, affections, and passions on the one hand and the principles of self-love, benevolence and conscience on the other. His ethics consists in the main in showing the relation of these parts to each other. They form a hierarchy, ordered in terms of their natural authority, and while such authority can be usurped, as when the particular passions overwhelm self-love and conscience, the system that they constitute, or human nature, is rightly proportioned when each part occupies its rightful place in the ordered hierarchy. Virtue consists in acting in accordance with that ordered, rightly proportioned nature. As a philosopher of religion, Butler addresses himself critically to the eighteenth-century flowering of deism in Britain. On the whole, the deists allowed that God the Creator existed but rejected the doctrines of natural and, especially, revealed religion. Butler’s central tactic against them is to argue, first, that the central theses associated with natural religion, such as a future life, are probable; and second, that the central theses associated with revealed religion, such as miracles, are as probable as those of natural religion. Much turns, therefore, on the success of Butler’s case in appealing to what is present in this world as evidence for a future life.


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