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Contents
Preface vii
Abbreviations of Kant’s Works xiii
Notes on Original Publication xv
PA RT O N E : R E T H I N K I N G KA N T ’ S E T H IC S
1. Reasoning to Obligation 3
2. The Difference That Ends Make 21
3. Making Exceptions 42
4. A Mismatch of Methods 58
5. Kantian Commitments 84
PA RT T WO : E X T E N D I N G T H E B O U N DA R I E S
6. A Habitat for Humanity 103
7. Morality Unbounded 125
8. We Are Not Alone: A Place for Animals in Kant’s Ethics 157
9. Other to Self: Finding Love on the Path to Moral Agency 175
10. Religion and the Highest Good: Speaking to the Heart of
Even the Best of Us 193
References 211
Index 213
Preface
The ten essays collected here represent a series of efforts to rethink many of
the things I took myself to know about Kant’s ethics. Some look again at core
Kantian arguments; some offer readings of less investigated parts of Kant’s
writing; some try to fill out what a Kantian theory should look like in terms
that respond to demands of contemporary moral theory. All connect with a
familiar set of issues in Kant interpretation: what counts as moral reasoning,
the status of human persons as moral agents, how the facts of our being
socially embedded and materially embodied shape our duties. You might
assume these issues were largely settled by now. Perhaps there are remaining
puzzles in the application of the famous categorical imperative procedure, but
we know how it’s supposed to go and certainly what it’s for. And perhaps there
are difficulties in getting the original Kantian ideas to apply to the more social
parts of moral theory, but recent Kant-inspired contractualisms have extended
the theory’s ability to reach beyond the ethics of individuals. And so on. But I
have come to doubt that significant arguments I and others developed con-
nect in the right way to core Kantian commitments, and it is my growing con-
viction that I should be unsettled in what I have taken myself to know that is
the origin of these essays.
The unsettling began in a seminar on Kant’s ethics that included graduate
students who had worked with me for several years, as well as first- and
second-year students who were relatively new to the material. In thinking
how to proceed in a way that would be useful to both groups I decided to try
to present the Groundwork intuitively, as a straightforward way of thinking
about morality, while keeping an eye on the text. The result was the argument
of “Reasoning to Obligation” (Chapter 1). If morality belonged to practical
reason and practical reason was (because it had to be) about reasoning, then
we should be able to find analogs to formal standards of good reasoning—
validity and soundness—on the practical side. And we could, looking at
Kant’s examples, see that what he was arguing was that there were limits to
what could be reasoned to from self-interest, using contradiction-under-
universalization as a validity test. As the essay aims to show, this shift in focus
not only opens interpretive doors, it also resolves a number of old problems
about the categorical imperative tests and moral worth. It also set up a new
viii Preface
1 It is thus no surprise that I now see the essays in Part One as stages on the way to the view of
Kant’s ethics I argue for in The Moral Habitat (2021). The essays are, however, independent of that
study, making their own arguments in response to distinct challenges to, and criticisms of, the Kantian
project.
Preface ix
occurs independent of the agency of good persons? Since Kant wrote the his-
torical essays in the same years as his major ethical works, the interpretive
problem could hardly be ignored. Indeed, it was on my mind for more than
thirty years, a continuing background source of many of the questions
responsible for my going back to rethink basic ideas about Kant’s views of
agency and moral action. At long last, and at the urging of Amélie Rorty,
I wrote “A Habitat for Humanity” (Chapter 6), a partial reading of Kant’s
wonderful “Idea for a Universal History with a Cosmopolitan Aim.” Taking
that essay seriously, morally and philosophically, was instructive in gaining
insight into Kant’s larger moral scheme (larger, that is, than the foundation
arguments that are the concern of the Groundwork and Critique of Practical
Reason). It also helped settle the question whether Kant’s moral system was
constructed with an eye to accommodating the actual circumstances of per-
sons, as well as offering an idea of how they might be changed for the better
by self-consciously moral agents acting together.
Embedding the moral project in a political setting—as “The Idea for a
Universal History” does, and, when you think about it, as does the
Metaphysics of Morals—raised the question whether and how anything like
the morality-first Kantian account could accommodate the various pluralisms
that currently concern us. “Morality Unbounded” (Chapter 7) takes up this
challenge in Kant-informed if not Kant-specific terms. That these questions
are not at all alien to Kant is evident in his complex negotiation with the
claims of religion.
The last three essays take up topics that are often seen as impediments to
working out a Kantian ethics within the framework he offers. They concern
the moral status of animals, how we are to think naturalistically about moral
development, and Kant’s idea of the highest good. I don’t think it’s a necessary
aspiration to make good on every one of Kant’s texts and arguments; we are
free to move beyond Kant’s limitations, and should do so where he gets things
wrong, or simply can’t see beyond his personal or historical horizon. However,
one of the lessons of my “unsettling project” is that there is a risk in premature
abandonment, and considerable value to be had from engaging with hard
texts as imaginatively as one can.
In that spirit, “We Are Not Alone” (Chapter 8) takes on Kant’s difficult idea
that our duties to animals, though real, are indirect—“duties with respect to”
and not “duties to”—and tries to make sense of why he might think not having
such duties would “uproot a natural disposition” that morality needs. The
interesting puzzle is not why being cruel to animals might lead us to be cruel
more generally, but why not having a duty to animals would change our nature.
x Preface
“Other to Self ” (Chapter 9) argues that we should not hastily agree with
those, like Bernard Williams, who find a natural tension between love and
morality and reason to afford higher value to love when they conflict. There
are reasons to be a bit skeptical about love, and less anxious about the authori-
tative claims morality makes for itself. Things look different when we remem-
ber that the trajectory of our coming to be a moral agent has its first steps in
the dynamics and vicissitudes of early love. Making use of D. W. Winnicott’s
insights about infant and childhood development, I argue that love is not only
in the biography of moral agency, making our relation to “the other” a condi-
tion of our individuality, but also that some of love’s darker moments are
responsible for our moral fragility. In a healthy individual, the capacities for
mature love and moral agency are made to work together.
The final essay of the collection, “Religion and the Highest Good”
(Chapter 10), offers a new approach to an idea about the relation between
virtue and happiness that I find unsettling, through reading a text that is (for
me) very hard to make sense of (hard, but also exhilarating). The idea of the
highest good has a prominent place at the end of the Critique of Practical
Reason, where Kant takes himself to have to show that nothing in his theoret
ical philosophy rules out the possibility of a divinely organized reconciliation
between virtue and happiness. Whatever one thinks of that argument, it should
leave an uncomfortable question about the role of the idea of the highest good
in the conceptual repertoire of a good person. As a source of motivation, it’s
either corrupting or a reason for despair. As an arc for the species, it makes
the individual’s successes and tribulations a mystery. These worries are taken
up in the less studied second and third parts of Religion within the Boundaries
of Mere Reason. Though the texts are difficult, they are revelatory of Kant’s
diagnosis of the moral doubts of even the best persons and the need persons
have for some kind of social framework within which they can confidently act
with others in a morally progressive way.
Over the years of working on this set of essays I have amassed more debts
than I can keep count of. Friends and colleagues at conferences, colloquia, and
in day-to-day conversation have generously responded to and, equally gener-
ously, offered criticisms of different parts of the project. The benefit to me has
been large, and I hope the results collected here pass some of it forward.
In lieu of the long list of the people to whom I owe gratitude, I want to take
this opportunity to express a deeper debt I have to three women whose deaths
this past year cast a long shadow: Ruth Gavison, Amélie Rorty, and Judith
Jarvis Thomson. Each of them, in very different ways and over many, many
years, were there for me, urging and encouraging me to do more than
Preface xi
I thought I could, and, always, freely giving their affection. They have also been,
in their lives and in their work, a profound inspiration. They were bold, never
ordinary, and serious in the best sense. This book is dedicated to their memory.
A note about the texts. Apart from some light editing, I have left most of
the writing unchanged from its original form, with two significant exceptions.
One concerns the first two essays of the collection, both of which were writ-
ten on request to address special topics: the first about Kant and Hegel; the
second, Kant and virtue theory. I used them largely as an occasion to provoke
some new thinking about Kant; what I said about the special topics them-
selves did not seem worth preserving here. The second exception involves
modest changes in the second through fifth essays to make them more readable
together, as a sequence. In their original form, they were parts of a multi-year
project that shared a set of starting points (basic arguments and examples)
that put the “good reasoning” interpretation of “Reasoning to Obligation” to
work in different contexts. Without changing the substance, I have modified
the presentation of arguments and varied the examples so that the essays more
clearly build on one another and reinforce the value of the new interpretation.
Abbreviations of Kant’s Works
References in the text to Kant’s work are to the standard German edition: Kants
gesammelte Schriften: Herausgegeben von der Deutschen Akademie der Wissenschaften,
29 vols. (Berlin: De Gruyter, 1902–), and are cited by volume and page number. The
following abbreviations for the titles of Kant’s work will be used throughout this
volume. The list of English translations used or consulted is given in the References.
Suppose the identification of the will with practical reason amounts to (at
least in part) the claim that in the realm of action and choice (including the
setting of ends) we are to come to action by reasoning appropriately. When
our action follows from correct reasoning we act well. A good will’s good will
ing is then in its correct reasoning about action; this is what it means to say
that its goodness is in its principle. The terminus of practical reasoning or
willing is an intention to act or refrain from acting; the intention is normally
completed in action (unless it is impeded, or there is conflict or weakness
of will).2
1 The original version of this chapter was for a “Kant to Hegel” conference at the University of
Pittsburgh. This chapter presents its (lightly edited) Kantian core.
2 I wrote this chapter using “intention” language as part of an effort to see whether there was an
easy joining of Kantian and contemporary action vocabulary. Over time I have come to believe that
doing this tends to obscure Kant’s distinctive view about action as arising from rationally determined
volition. I don’t think the argument of this chapter is affected by the choice of terms. (Footnote added
in 2021.)
Kantian Commitments: Essays on Moral Theory and Practice. Barbara Herman, Oxford University Press.
© Barbara Herman 2022. DOI: 10.1093/oso/9780192844965.003.0001
4 Rethinking Kant ’ s Ethics
4 That I may not reason well and so fail to act as I ought does not show that I require an extra step
or bit of reasoning to resist this possibility.
Reasoning to Obligation 7
or correct reasoning account, neither issue can properly arise. Consider, first,
the claim that motivation by one of the positive emotions, such as sympathy,
can compete with acting from duty for assignment of moral worth to an
agent’s action. If moral worth signals correct reasoning to a morally required
action, on no account of an emotion as a motive is it a course of reasoning or
even an element of one. Emotions can be important for correct reasoning, but
as sources of information for the premises, or as something that can facilitate
reasoning. The claim on behalf of the emotions is not stronger if an action
arises from a maxim grounded in an emotion (“I make it my principle to act
as sympathy prompts . . .”). If, as Kant clearly holds, both premises and prin
ciple of the maxim must be a priori justified if the reasoning is to be moral
and the willing good, then any emotion-based maxim is disqualified because
it is a maxim with empirical grounds or premises.
The problem about emotions as motives and moral worth will seem acute if
one thinks there is another modular motive—the motive of duty—that plays
an analogous causal role: moving us to act towards an object of moral interest.
If the motive of duty were some kind of attachment to “doing the right thing”
or “doing the right thing because it is the right thing,” then doing that right
thing out of some emotion-based care or concern could seem equally good or
admirable or, as many have thought, better. But “acting from duty” is not act
ing from any such motive of attachment to duty; it is acting or intending from
correct reasoning. There may be, as Kant allows, all sorts of reasons to value
acting from certain emotions; but assigning moral worth to actions “from
feeling” is to make a category mistake.
It is then easy to understand the further claim that a maxim of duty—a
maxim that expresses a course of moral reasoning about action—has a differ
ent content than a maxim that arises from emotion, or a course of (e.g.,
instrumental) reasoning prompted by emotion. This is the point Kant makes
about sympathy and the inclination to honor: no maxim of acting from either
has moral content because the reasoning to action they support is not moral
reasoning—neither premises nor principle of inference are moral.5 (One
might act from sympathy or honor on condition that one’s actions were per
missible. That the condition on action is a moral one does not make the inten
tion a moral intention.) When we think of the philanthropic man whose
mind is clouded over by grief, who is able nonetheless to be beneficent from
duty, or the person of cold temperament who acts from duty, we are to think
5 Kant remarks in the Anthropology (A 7:253) that sympathy and honor can guide us provisionally:
that is “until reason achieve[s] the necessary strength.”
8 Rethinking Kant ’ s Ethics
of someone reasoning well, of getting something right for the right reasons, in
less than optimal conditions. This is not an especially moral virtue, though
moral virtue depends on it. In any of the domains where getting something
right for the right reasons matters, we are often impressed when someone
reasons well in a direction not supported by, or opposed by, her interests or
feeling.
Now, about overdetermination of action by concurrent motives. Is it
inappropriate or less good, less morally worthy, to act from duty and sym
pathy? Again, this is a problem that should not have seemed difficult to
resolve. If we are focused on the overdetermination of an action qua event, we
will tend to see the action as coming about in more than one way, as the pos
sible effect of more than one cause; it then seems natural to ask, “Which
motive, which cause, is the cause?” In response to the question put this way, I
once argued that the cause is the motive in whose terms the agent conceives
of what she does, or the one that she is committed to acting on.6 So long as it
is “morality that guides his will,” the agent’s action has moral worth. However,
if the concurrent motives in question are competing modes of concern, or
even just competing causes, it can seem difficult to assign just one of them
authority in one’s action. There then seems to be required something like a
higher-order motive to make the motive of duty the motive that matters. But
then why assign moral worth to the primary motive of duty in circumstances
of overdetermination when it is the second-order motive that is, so to speak,
getting it right for the agent—if it is the motive in control? Apart from this
not being Kant’s view, it is also not a very good strategy of argument, given
familiar problems about the iteration of overdetermination at the higher level.
One could, and I did, insist that without appeal to second-order anything, it is
intelligible that we have multiple motives active in us and yet not act on some
of them in the instance. Though an action may be in our interest, even one we
would take for our interest were the circumstances different, as things are, we
sometimes want to insist that we are moved to action by a different motive.
Some might speak of commitment, integrity, endorsement. Or we might talk
about how we would be guided in certain counterfactual situations. Neither is
a comfortable answer.
But if moral worth marks good willing as good reasoning, and the upshot
of good reasoning is an intention (as willed: not separate from the maxim),
then in circumstances where there is a motive of a different sort sufficient to
bring about the required action, that motive yields a different intention
(as willed: intentions getting their content from the motivational source or
reasoning that leads to them7). And if it is a different intention there is no
overdetermination problem. That one action can realize multiple aims does
not make it murky whether I act with the moral intention that results from
good reasoning. The authority of the moral intention comes with the reason
ing that supports it: that is, it is part of the content of the reasoning in the
moral case that if an action is by this reasoning required, then one sees it as
required, and to-be-done independent of this or that contending or cooperat
ing motive. That in some sense one could have acted contrary to the dictates
of good reasoning does not impugn the authority of good reasoning or its
effect—one’s intention (volition)—when one reasons well.
This point is not peculiar to the moral case. Evidence for or against some
empirical proposition p is not in competition with the utility of believing that
p. Perhaps my sympathy for you, or my desire for your friendship, makes me
want to believe that though you caused harm, you meant well; it was just an
accident. When I investigate, I find that the evidence clearly points away from
a deliberate doing. I am pleased by that outcome. But if I have fairly evaluated
the evidence—if I have reasoned well—then the fact that I come to believe
in the right way what I want to believe anyway does not impugn my warrant
for the belief. Counterfactual possibilities about what would have happened
had desire and reasoning come apart may say something about me, about my
epistemic virtue, perhaps, but nothing about how I reasoned when, as it hap
pened, I reasoned well.
Likewise, my willingness to cheat in some competitive activity does not
imply that when I do not—maybe I’m just better than everyone else—that I
didn’t fairly gain my victory. Norms of practices and games prohibit behav
iors, not long-range conditional intentions. In general, openness to civil- or
norm-disobedience does not undermine the quality of one’s lawful actions.8
What distinguishes morality on the good reasoning model from other norm-
governed activities is that the willingness not to follow the rules for the sake
of some actual or possible purpose is proscribed by the rules themselves. Not
because there is a meta-rule in morality, but because the (moral) rule of good
reasoning is authoritative in the domain it governs, and the domain in ques
tion is all of intentional action.
2. Refinements
9 Cf. Religion 6:26–8 and Kant’s 1786 essay, “Conjectural Beginning of Human History.”
10 “Only in some cases does he [the human being] lack the power of free choice, e.g., in the most
tender childhood, or when he is insane, and in deep sadness . . . .” (Lectures on Metaphysics 28:255).
Reasoning to Obligation 11
rational abilities not only can but must be able to inform cognition without
our having a full or reflective grasp of their constitutive principles. Part of the
normal work of human cognitive development is gaining more explicit and
fuller understanding of concepts already at work in our experience.
Drawing on an analogy to the categories of experience, we should say that
the principle or law of practical reason—the a priori concept of the rational
will—is the possibility condition of all evaluative practical judgment (and so
all choice for a reason). Its role is not to fully determine what we judge good
or bad, but to make it the case that our judgments are evaluative judgments—
that they have a certain form, and so are answerable to formal standards.
So even though the initial mode of evaluative judgment is comparative, it
would be a mistake to regard “better than” as any kind of primitive, or as
pointing to an independent evaluative norm. It is to be understood as a par
tial representation of, as well as a developmentally early step in acquiring
access to, the full concept of the good (that is, the concept of the object of the
law-constituted will). “Better than” points beyond itself, though in an indeter
minate way. In its formal function, the partial representation makes possible
the ordered structure of preferences necessary for an idea of happiness, as
well as the proto-moral intuitions and responses that characterize our early
relationships with others (judging something better, we become sensitive to
infringements on choice; a bit later, when comparison involves others, we are
concerned about unfairness and inequality). When conjoined with other
developmental pressures to put order in desire-satisfaction—e.g., to accom
modate our awareness of the extended temporal horizon of a life—we are
drawn towards more complex evaluations and to the acquisition of various
skills of reflection and self-management. And as we become aware of the
extension of our evaluative and practical abilities, our effective power of
choice is transformed. The process is only completed when the agent takes on
the standard of judgment provided by the moral law. Ideally, from the point of
view of practical reason, a healthy agent will have an integrated conception
of the good, one that subordinates her concern for happiness to the authority
of the fundamental law of (her own) practical reasoning.11
Our next step is to integrate these elements of the account of rational
agency into the basic moral story. We start with the evaluative capacities that
structure our apprehension of actions and objects of action under rational
concept(s) that determine choice. In so apprehending actions and objects, we
11 Because it is the concern that is subordinated, it remains an open question what the effect on the
pursuit of happiness will be.
12 Rethinking Kant ’ s Ethics
value them. As with other basic conceptual tasks, the tools that make them
possible are not neutral about their own proper use: that is, we do not have
ultimate discretion about how we evaluate objects and ways of acting; there
are standards. Of course, given the nature of our evaluative capacities, their
dependence on other capacities, and our less than complete grasp of their
principle, we go wrong in matters of value in various ways. We can err because
we fail to judge particulars correctly, but we can also mislead ourselves about
their evaluative valence: we can be biased in our appreciation of options or
costs; we can miss or discount information we don’t want to consider. In all
such cases we exercise rational choice (that is why we are rightly held respon
sible for what we do), but exercise alone does not imply success in reasoning
or willing well.
In the normal case, relatively general judgments of value provide evaluative
premises of practical reasoning. We think: this is a kind of thing worth hav
ing, that good to avoid; we reason from the evaluative premise to an intention
to act, according to a principle of practical inference.12 Because the same
(material) end can be represented in different ways—merely as an object of
desire, as an object judged more important than others, as an object of desire
whose pursuit is subject to moral constraint, or as an object of moral
requirement—agents who appear to have the same end will reason from dif
ferent premises (though not necessarily to different actions). How an agent
reasons is typically signaled by her apprehension of the evaluative content of
her premise—in what sense she regards the object of her action as good.
It is natural to interpret Kant as holding that when agents reason in these
different ways, they follow different practical principles—instrumental, pru
dential, or moral. This is misleading. Despite talk of hypothetical imperatives,
there is no distinct principle of this sort—that is, one that applies to and is not
implied by willing an end. There are actions or intentions (really, volitions) to
which we are committed in adopting an end, but not because of a separate
principle of practical inference. In adopting an end, we already conceive of
ourselves as its proximate or at least initiating instrumental cause; questions
that remain are technical, about the details of effective action. This aspect of
practical rationality is thus not exhibited in reasoning from ends, but in satis
fying the conditions of end adoption. Having adopted an end, any end, our
practical reasoning has instrumental form—that is, it goes from an end-related
premise to an intention to act (to promote or act with respect to the end).
12 We don’t, of course, usually perform these operations explicitly; but we don’t need to in order for
this to be an accurate representation or model of the process we use.
Reasoning to Obligation 13
There may seem to be a better case for the principle of prudence as a separ
ate practical principle. The mark of an independent principle is that it is
directive independently of the specific ends we adopt. Since each of us is
motivated to shape our life such that it will be, as best we can manage it, an
object of satisfaction, once we form an idea of our happiness and make it our
end, we get reasons both to do things and to adopt ends. But this is not the
kind of separateness that marks an independent principle. First, it is nothing
about the end of happiness that gives us reason to adopt any end; it is simply
that we have a complex end, requiring subordinate ends as means.13 And sec
ond, insofar as there are distinctive counsels of prudence, they are no more
than empirical generalizations about how best to form and pursue an idea of
happiness.
The status of the principle of practical inference in the moral case is
delicate—it is in one sense separate, not implied by our willing anything in
particular, but it also cannot be independent of our will. As a possibility con
dition of the moral law, the connection of “the deed with the will” has to be a
priori. There must therefore be, Kant argues, “a practical proposition that
does not derive the volition of an action analytically from another volition
already presupposed (for we have no such perfect will), but connects it imme
diately with the concept of the will of a rational being as something that is not
contained in it” (G 4:420n). That is, a principle of practical reasoning can
show an intention (or volition) necessary (“derive” it), not from a presup
posed willed end, but from something about the nature of our rational will.
Although the metaphysics of this claim is difficult, what is claimed fits nicely
with the basic view I am presenting. There is one, and only one, principle of
valid practical reasoning that can take us all the way from premises (ends) of
whatever sort to intentions to act.14
If an a priori principle of willing is “immediately” connected to the concept
of the will of a rational being, then conformity to the principle is essential to
rational willing.15 Then to say of a maxim, or volition, that it cannot be
derived from the concept of the will of a rational being is at least to say that it
is in some way inconsistent with the a priori principle of rational willing. So if
one erroneously supposed that one’s maxim was consistent with the a priori
13 One might argue that happiness is formally the end of our ends, and so distinctive. But in that
sense it is also indeterminate, or empty.
14 So, again, a technically correct means-end maxim is not on that account valid as a stretch of
practical reasoning.
15 One would say something like this of any norm-constituted activity—its concept must be repre
sented by a principle for action.
14 Rethinking Kant ’ s Ethics
16 Rawls’ Original Position is in just this sense a device of representation: self-interested reasoning
behind the veil of ignorance provides a representation of fairness. In this, Rawls follows Kant.
Reasoning to Obligation 15
17 Kant will speak in the Religion (R 6:23–5) about a timeless adoption of a most fundamental
maxim, a Gesinnung. As related to choice, this can only be about the constitution of the power that is
the rational will—our will—and from no point of view is that an act at a time.
18 Kant denies that we have a real ability to act contrary to the moral law (MS 6:226–7).
16 Rethinking Kant ’ s Ethics
3. Premises
As I have assembled and discussed the elements of the basic story, I have left
to the side the question of the premises from which we correctly reason. We
already have some parts of an account of them. The premises must be a priori
necessary and constituents or aspects of the rational concept of the good, the
object of pure practical reason. The concept of the object of pure practical
reason is the concept of an end—a necessary end of reason in its practical
mode. In the Metaphysics of Morals’ deduction of the basic principle of the
Reasoning to Obligation 17
doctrine of virtue (the account of ends that are also duties), Kant directs us to
two obligatory ends, of our own perfection and the happiness of others (MS
6:395). These are to be the premises, or the general form of the premises, of
sound practical reasoning for us. Towards ourselves we have the task of devel
oping and maintaining our rational agency; towards others we are to attend to
the agency-related effects of our actions on their pursuit of happiness. (At the
extreme, making someone’s life too hard or too easy can affect their ability to
sustain or value rational activity.) How we should act, once we have necessary
ends, will be determined in the usual ways: instrumentally and by the moral
rules of good reasoning.19
Articulating our status as ends-in-ourselves, obligatory ends set the funda
mental moral norms of correct regard for the human being, self and other:
that is, they make certain considerations permanently salient in correct
reasoning. If I am considering acting in a way that will deceive you, or cause
you bodily harm, or obstruct your action, or frustrate your reasonable desires,
I may not ignore those features of my action in favor of a more benign
description (as I once put it, they provide us with rules of moral salience).
Whatever else I am doing, both the needs of others and the well-being of my
own agency matter.
Some find the moralization of self-concern troubling. I think it is arguable
that our first duty has to be to ourselves. In any case, we should avoid a foolish
reading of what is involved. An obligatory end of one’s own perfection would
not require that when deciding between going to a concert and spending an
evening with friends I must choose between enjoyment and self- (or other-)
improvement; that would be absurd. But it would imply that if I work so much
that I have no time for friends or pleasures, that I may be neglecting myself in
ways I ought not, or that I have failed to understand the material conditions
of healthy human agency. It may seem strange to think that an erroneous
decision about work versus friendship takes us to the terrain of morally
wrongful choice, but if the wrongful in general marks mistakes of reasoning
with respect to the objective good—about what we ought and ought not do—
it is what we should expect.
Norms of prudence also bear on all of our actions, though their authority
operates in a different way—Kant says assertorically, in the mode of belief.20 If
the action I propose to take is not consistent with elements of my idea of my
19 If reason can determine willing, it must therefore play both roles: setting ends and defining valid
inference. This follows from the second Critique’s “Paradox of Method” (KpV 5:62–3).
20 This fact alone should raise eyebrows in thinking about prudence as a practical norm.
18 Rethinking Kant ’ s Ethics
purview (ends direct our attention; obligatory ends demand it). So if someone
is plainly in dire straits and in need of aid, it is a culpable mistake not to regis
ter it.22 It is also a mistake to regard the situation only through the lens of
sympathy. A correct read of the circumstances locates the need as falling
under the duty to aid. That is as much a fact about them as is the injury or
deficit to be remediated in action.
We also get a salutary reminder that logical form is indifferent to content,
but morality is not. So while the form of moral reasoning is universal, the
“matter” of obligation need not be. Nothing in this account requires there to
be just one way to organize the family, or to manage the burdens of need, or
even that there has to be a unique model of promise or respectful address.
Each local obligation-kind is a solution to a general moral problem for per
sons. The challenge is in articulating the premises of moral reasoning, from
the obligatory ends to the status requirements of persons as rational beings.
If, as Kant holds, there are features of our collective situation that generate
threats to our status as free and equal persons that can only be resolved
through the work of civic institutions, there will be a branch of obligation—
our juridical duties—where reasoning to obligation is “up a level,” in the law-
creating acts of legislation and judicial review.23
Although the account of reasoning to obligation I have offered is designed
to explicate the Formula of Universal Law, it helps make sense of the Formula
of Humanity as well. Being constrained by principles of practical reason, or
by any principles of reason, is to have reason (the principle of rational nature)
as an (objective) end. Each of us is in a sense free to think as they will, to wish
for what they desire, but their beliefs and intentions (volitions) are beholden
to the principles of good reasoning: correct premises and valid principles of
inference for cognition and will. On the practical side, to put another in a
position where she will be made to reason from false premises (suppose
because of my deceit), or to subvert an obligatory end (suppose by abandon
ing herself in the face of my coercive threat), is to take one’s preference for an
outcome to have authority over a sound rational process. Our preferences do
22 As with any standard where there is the possibility of negligence, it may be difficult to say
whether the agent is culpably or innocently mistaken.
23 The institution of property is Kant’s lead example. Whoever on their own authority would
remove material from general availability impermissibly imposes their will on all others. If we are to
be able to use the stuff of the world for our own purposes, and we must be able to do that, there needs
to be a collective authority to manage the conditions of exclusion in a manner that is preserving of
freedom and equality. This is the first step in the Rechtlehre’s moral argument for public institutions.
The conditions of authorization play the role of premises in reasoning to juridical obligation.
20 Rethinking Kant ’ s Ethics
not give us any such authority. In the next chapter, this idea will provide the
key to understanding what it is for a person to be an “end in itself ” and to
explaining the necessity in our so representing both ourselves and other
persons.
By way of conclusion, let me mark the three things I have tried to do with the
“good reasoning” interpretation of good willing. The first is to de-psychologize
Kant’s view of moral action and motive, freeing the moral theory from a var
iety of old objections, as well as making it cohere better with Kant’s theory of
rational agency.24 Second is to make sense of the negative or eliminative role
of the categorical imperative formula within a full account of sound moral
reasoning. And third to explain why obligatory ends are needed to complete
that account. I take the fact that progress was made on all three fronts to be
evidence that the interpretation has some merit.
24 That is, the motive of duty differs from motives like hunger or pride not just in its object but also
structurally and metaphysically (if it were just the former, its attachment to duty would indeed be
peculiar). The analysis is rationalist through and through, directing us to entertain an account of
agency to match it.
2
The Difference That Ends Make
It is always productive to think about what a moral theory is said to lack when
compared with the competition. Here, specifically, I’m thinking about the
challenge virtue theory poses for the Kantian project. The first contrast one is
likely to encounter between Kant’s moral theory and any virtue theory is that
the first offers an ethics of rules and duties, the second an ethics of character.
The evaluative bias of the contrast is usually asymmetric. Something appeal
ing in the focus on character is sought for (usually in vain) in the Kantian
account of duty. Almost inevitably, the ex ante prizing of the one account has
the effect of distorting the way we understand the other. It helps to keep in
mind that Kant’s idea of good willing is not intended as an account of virtue,
and its companion idea of acting from duty does not translate any sense of
acting for the sake of the noble. Still, among the unintended effects of putting
character first is the minimization of the role that ends play, especially final
ends, as anchors of moral reasoning or deliberation on the Kant side of the
contrast. Rather than delivering moral content, the Kantian final end, or “end
in itself,” is seen as just another part of the formalism. While I do think the
end in itself is a piece of the formalism, the assumption that a formal element
cannot be a source of content is part of the interpretive bias, not a limitation
of Kant’s theory.
In this chapter, I want to answer two related questions from the Kant side
that might make us rethink the terms of the contrast. One is about whether
the “end in itself ” is a final end that has deliberative import. The other is about
human flourishing: whether Kant’s formal account of ends makes a place for
it near the heart of moral theory. Since both answers depend on how we
understand the difficult idea of an end in itself, the center sections of this
chapter provide a close reading of the passages in the Groundwork that intro
duce and defend the idea. But before taking up the main argument, it will be
helpful to say a bit about how unhelpful the rules versus character contrast
really is.
Kantian Commitments: Essays on Moral Theory and Practice. Barbara Herman, Oxford University Press.
© Barbara Herman 2022. DOI: 10.1093/oso/9780192844965.003.0002
22 Rethinking Kant ’ s Ethics
Kant of course has a “Doctrine of Virtue” that does some of the work we
expect from a theory of virtue.1 There are clear virtues that a Kantian moral
agent should have; there is a nuanced and insightful, if not fully formed, story
about how moral competence is acquired that is, partly, about the develop
ment of elements of character human beings need if they are to perform
moral actions. This can look like a handmaiden role for virtues of character,
not something integral to the account of morality.
Deeper connections surface in accounts of what is required for moral
action. While it was for a long time thought that Kantian morals were legalis
tic, a matter of fixed and rigid rules of duty, requiring no more of the agent
than conformity, that is no longer the prevailing view. There are duties and
obligations, perfect and imperfect, but they do not subtend actions automat
ically: they depend on deliberation and situation-sensitive judgment. Where
there are rules of action it is because there are regions of moral or social life
where having rules is essential to successful human activity—what counts as
property and wrongful taking, for example. For the same reason Aristotle also
regards the virtue of justice as rule-normed. But perhaps nowadays we do not
think justice is paradigmatically a virtue of character.
It may be true that some parts of morality can’t be captured by rules at all:
they involve something more like know-how (informed habits or dispositions
of recognition), or require sensitivity to the particular. But for all that there
could be in the background, or at the foundation, source principles that pro
vide standards of correctness that bear on action and practice, standards that
serve both to explain and to justify even the not-found-under-a-rule exercise
of know-how or judgment. So much is common to all sorts of rule-governed
activities.
In any case, in thinking about the role of moral rules and principles, one
should be careful not to conflate the forms of practical activity with whatever
it is that gives them authority or justification. Principles (even laws) can be
instantiated in a variety of ways as we move from the structure of some fac
ulty or capacity out to its deployment by a reasoning agent. Some critics of the
Kantian project highlight the fact that high-end experts, virtuosi, champion
chess players, don’t make use of rules: they “see” things immediately, identify
patterns, feel and respond directly to the normative field. I see no reason to
1 This is the Tugendlehre, literally, virtue teaching, the second part of his Metaphysics of Morals.
The Difference That Ends Make 23
doubt they do this. The perceptual field of animals too can be quite sophisti
cated, marking predator and prey, or edge and surface, directly and without
inference (we often achieve through skill and practice a high form of the kind
of competence that animals have by nature).2 Moreover, there is good reason
to want it to be possible for a normal moral agent to make her way seamlessly
through most of her activities: there should be no stress about whether her
promises should be made thoughtfully or kept, whether truthfulness is her
default communicative stance, that violence and deceit are not available as
routine means. When someone falls and we reach out to catch them, there is
nothing we don’t know, nothing we have to deliberate about—we can and do
act directly and confidently. In the “flow” of confident activity we achieve a
melding of cognitive and conative, of intellectual and embodied knowledge.
But we don’t thereby elude the reach of justification or intelligibility, or of
principle. We may have to look at what we do from the outside, as it were (the
way athletes watch tape), in order to explain what we responded to in the cir
cumstances and sometimes even to understand why we reacted the way we
did. Such shifting of perspective is one of the resources of our practical
natures.
Nothing in the Kantian account of morality resists this. The elements that
its analysis uncovers do not map in any simple way onto practice. That my
intentional action involves a maxim, has the form of instrumental rationality,
and is under the constraint of a formal law of rational willing, while true, does
not direct me to an intermediate moment in which I assemble the elements of
a maxim and subject it to any test or deliberative procedure. There will be
occasions where I need to go slowly and carefully, where I do need to assem
ble and deliberate: circumstances may be new to me, or involve unexpected
conflict so that I do not know in advance what to do; I may have acted
inappropriately and need to find a way to repair what I’ve done. That is, some
times things may need to be worked out with precision, in real time; in other
cases, I may need to reflect back on past action, construct a past maxim,
deliberate explicitly about the action I took. But that happens as it does; it’s
not a requirement on an agent’s practice made by the foundational account of
morals or the role of principles that Kantian analysis reveals.
About the idea of a final end and its connection to happiness or human
flourishing, we should divide the issue. First there is the question whether
there is any idea of a deliberatively salient final end in Kant’s theory, and
2 For a very useful discussion, see Tyler Burge, “Disjunctivism and Perceptual Psychology” (2005)
and “Primitive Agency and Natural Norms” (2009).
24 Rethinking Kant ’ s Ethics
understand what that is, the intuitive connection will follow, as will the con
tribution this end makes to the substantive parts of the moral theory, to the
nature of moral action, and to the conception of a life that comes with acting
well. But none of it will be independent of the idea of universal law.
One of the distinguishing marks of a virtue ethics is its inclusion of end-
related motivational considerations in its terms of action assessment. We
should attend not only to what an agent does, but also and sometimes equally
to how she does it. So, promises are to be kept and debts repaid out of a sense of
their being owed; someone at risk is to be rescued and they are to be helped
out of appropriate concern for their injury or their well-being. Part of the point
of a virtue is to orient the agent in the appropriate way to an action: even if
someone acts as is required, she does not act well, she does not exhibit virtue,
unless her motive and her end in acting are also right. By contrast, on the
standard view of Kant, in doing what she ought, the agent has done all that she
ought. If she never acts on a maxim that cannot be willed a universal law with
out contradiction she is square with the moral law. Where she has positive
duties or obligations, there may be questions about when to act or how much
to do, but not about her motive in acting. There is an additional quality of
goodness if she acts dutifully from duty—from the regulative conviction that
her action is required. In so acting, her will is good. But this goes beyond what
morality requires of her, forming a distinct category of agent assessment rela
tively independent of action assessment (something “added on” to a theory of
right action that speaks to the agent’s character, but is different from virtue).
I do not think this separation of action and agent assessment is at the heart
of Kant’s moral theory. There are regions where an external action is judged
on its own (especially in the domain of right), or negatively, where there is
some kind of doing that cannot be countenanced however motivated and for
no matter what purpose. But these are cases where there is an argument for
suspending the standard of moral address for actions. In the central cases of
dutiful action, the requirement is that an agent acts as she ought (I would say
she acts correctly) when her grasp of moral principle or requirement guides
her choice and action. Though it may share external appearance, an action
that arises from sources in the agent indifferent to moral concerns is not a
morally correct action. Its not being contrary to duty is not enough. As we
will see, motives and ends that lead to correct action are reciprocally related
through an agent’s self-conception as an end in herself. This anchoring of
morally correct action in an objective end also succeeds in making the point
of moral action intelligible: doing what a final end should do.
26 Rethinking Kant ’ s Ethics
I could not be constrained. Of course the end need not be a further end of my
driving: if I stop because “I obey traffic signals,” then stopping instances that
end (I say “instances” rather than “promotes” to avoid the thought that I am
racking up traffic-obedience points). An end does not always signal a state of
affairs different from and to be produced by an agent’s action. Ends can call
for acting-in-a-way (playing the song softly); they can represent ideals, only
partially or even indirectly expressed through what we do; they can also be or
represent principles (conformity to the letter of the US Constitution as a prin
ciple of judging). We tend to think of the latter kinds of ends as regulative,
where regulative contrasts with to-be-promoted; but strictly speaking, to-be-
promoted ends are regulative, i.e., guiding, as well. The difference is rather
about the nature and authority of the regulation, or the kind of value the end
brings to bear on our willing.
An end that can anchor a categorical imperative that constrains actions and
maxims would have to be an end whose value was neither conditional nor
relative. That is, it could not be an end for the agent only on condition that
something else was her end. If it were, the further end would have authority
over the imperative, which would not then be categorical. Likewise, any ends
that depend on even general empirical facts about the agent (about her sens
ible nature, her sympathy or susceptibility to pleasure and pain) would also
fail as “categorical” anchors; they could at best be a source of practical rules
for creatures with our kind of sensitivity. “Hence the distinction between sub
jective ends, which rest on incentives, and objective ends, which depend on
motives, which hold for every rational being” (G 4:428). What we need is a
source of wholly rational constraint. Kant goes on:
But suppose there were something the existence of which in itself has an
absolute worth, something which as an end it itself could be a ground of
determinate laws; then in it, and in it alone, would lie the ground of a pos
sible categorical imperative, that is, of a practical law. (G 4:428)
Since we already know that the end we are seeking has to be an end whose
value or regulative authority is not for the sake of something else, an end not
dependent on some condition of sensibility (or subjectivity), the end would
have to be one whose value is in itself, an end that, by virtue of its nature, can
provide categorical regulation of volitions—i.e., valid for every rational being.
If the value of an end is both non-relative and unconditional in its require
ment, its value can be said to be absolute, meaning, no end can be regulative
of it (absolute does not here mean of greatest value on some scale). And if it is
28 Rethinking Kant ’ s Ethics
something that, in existing, has absolute worth or value, it is not the fact of its
existence that has the value (as if a rare or wondrous thing), but that in exist
ing, in being what it is (viz., a kind of end), it has absolute worth or value.
In response to the criteria for the sought for end, Kant offers “rational
nature as an end in itself.” It is a response that sets off a stream of questions.
Why and how is rational nature an objective end for us (and for all rational
beings, on the very same grounds3)? And how an end in itself? What could
such an end, that is an end in itself and for all rational beings, direct us to do?
Indeed, in what sense could “rational nature” be an end at all?
Some of the questions have ready answers. Something is an end if it, or a
principle that represents it, is regulative for the will of a rational being. It is an
end in itself if it, or its principle of regulation, does not depend on anything
external to it. It is a candidate anchoring end for a categorical imperative if it
is an end in itself and fully authoritative. Now once the criteria are in place, it
verges on obvious that nothing other than rational nature could be the end in
itself. That is, since an end in itself is not an end for the sake of something
else, and it regulates volition without regard to the ends or needs or objects of
our (or any) specific nature, what is left is an end that can regulate volition
with regard toitself: its own nature must be able to serve as a regulative stand
ard for volition.4 Rational nature fills the bill. So, if rational nature supports a
principle for volition—which is to say: if pure reason can be practical—it can
secure the needed categorical or a priori connection between deed and will.5
Now it follows that any regulation of volition that were to flow from rational
nature itself would apply to all rational natures. We could then say that no
volition whose principle was not a possible principle for all rational natures
could be consistent with rational nature as an end in itself. Phrased in the
imperatival mood, we seem very close to the formula that we should act on
3 Kant says of the end sought for that it must be an end for all rational beings, and (equivalently)
that the concept of duty requires that what is a law for our will must be a law for all rational beings
(G 4:425–427). The independence of morality (of morality’s authority) from the special conditions of
human nature thus has two related elements. One concerns practical scope: if lying is wrong, it must
be wrong for any rational being who can lie (G 4:389). The other is about the conditions of applicabil
ity of an unconditional rational principle or law: since such a principle cannot be empirical, and it
applies to us qua rational natures, it must apply to every rational nature.
4 If we think of regulation as a consequence of value, there are other kinds of value to be counted
than that of subjective ends: aesthetic value or beauty, for example. But while beautiful objects are
judged good independent of our subjective interests, their value, their beauty, is relative to human
cognitive faculties.
5 This is the task Kant flags and then postpones when he introduces the formula of universal law: to
show that a deed could be connected with the will “without a presupposed condition from any inclin
ation, a priori and hence necessarily” (G 4:420n).
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*****
*****
PULVIS et NIHIL
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merkkejä, kun komissaari levitti lahjansa.
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