Patrick Kain

Kant famously insisted that “the idea of the will of every rational being as a universally legislative will” is the supreme principle of morality. Recent interpreters have taken this emphasis on the self-legislation of the moral law as evidence that Kant endorsed a distinctively constructivist conception of morality according to which the moral law is a positive law, created by us. But a closer historical examination suggests otherwise. Kant developed his conception of legislation in the context of his opposition to theological voluntarist accounts of morality and his engagement with conceptions of obligation found in his Wolffian predecessors. In order to defend important claims about the necessity and immediacy of moral obligation, Kant drew and refined a distinction between the legislation and authorship of the moral law in a way that precludes standard theological voluntarist theories and presents an obstacle to recent constructivist interpretations. A correct understanding of Kant's development and use of this distinction reveals that his conception of legislation leaves little room for constructivist moral anti-realism.

Several interpretive disagreements about Kant's theory of divine commands (esp. in the work of Allen Wood and John E. Hare) can be resolved with further attention to Kant's works. It is argued that Kant's moral theism included (at least until 1797) the claim that practical reason, reflecting upon the absolute authority of the moral law, should lead finite rational beings like us to believe that there exists an omnipotent, omniscient and holy being who commands our obedience to the moral law and proportions happiness to virtue. Kant's apparently contradictory claims about the relationship between morality and religion reflect his view that our acceptance of the authority of the moral law is incomplete or rationally unstable absent such a theological postulate.