Adam Cureton

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning.

A comprehensive theory of rational prudence would explain how a person should adjudicate among the conflicting interests of her past, present, future and counterfactual selves. For example, when a person is having an identity crisis, perhaps because she has suddenly become disabled, she may be left with no sense of purpose to keep her going. In her despondent state, she may think it prudent to give up on life now even if she would soon adopt a different set of values that would give her a renewed sense of meaning. Yet we may think that, in many cases, it would be irrational for such a person to allow herself to die. My aim is to explain this prudential intuition by developing a partial framework of rational prudence that interprets and applies the idea that a prudent person acts in ways that are justifiable to herself over time.

The term “constructivism” names a family of political, moral and metaethical views that, in general terms, regard some or all normative claims as valid in virtue of being outcomes of a “procedure of construction” in which actual or hypothetical agents react to, choose, or otherwise settle on principles of justice, moral rules, values, etc. Traditionally, moral validity or justifiability was thought to depend on God, the Forms, or some other independent moral order. Various procedures of a different, epistemological, sort were then proposed to help us gain access to the moral facts, which were thought to exist independently of us (e.g., we might need to undergo physical and mental training of the sort described in Plato's Republic or learn how to reflect in a “calm, cool hour”). Constructivists, by contrast, think that there are certain procedures that are not designed to discover which normative claims are already valid. For them, the validity of some or all reasons, principles, values or other normative claims consist in being the result of a procedure of construction. For example, Rousseau (1997) held that states are legitimate just in case and because they would be agreed to by reasonable people who were concerned to advance their own basic interests in freedom, self-improvement, and happiness, while Locke (1998) argued that governments are legitimate just in case and because free and equal (male, property-owning) people in a state of equal freedom actually agreed to them so long as those governments remain within the confines of natural law.

There are at least two basic normative notions: rationality and reasons. The dominant normative account of reasons nowadays, which I call primitive pluralism about reasons, holds that some reasons are normatively basic and there is no underlying normative explanation of them in terms of other normative notions. Kantian constructivism about reasons, understood as a normative rather than a metaethical view, holds that rationality is the primitive normative notion that picks out which non-normative facts are reasons for what and explains why those normative relations hold. By supposing that there is a plurality of primitive reasons, I argue that primitive pluralism about reasons lacks sufficient normative unity and structure. But Kantian constructivism about reasons faces a dilemma of its own: Either a conception of rationality is thick enough to capture the reasons of commonsense, in which case it cannot play the explanatory role assigned to it, or a conception of rationality is genuinely explanatory, in which case it is too thin to generate the reasons we recognize in commonsense. The aim of this paper is to suggest that if Kantian constructivism about reasons were built on a substantive, rather than merely formal, conception of rationality then it would stand a better chance at unifying the particular reasons we would endorse on due reflection. The groundwork I lay in this paper, I explain, is an essential first step in the larger project of developing a version of Kantian constructivism about reasons that might eventually explain all reasons in terms of rationality.

Suppose the following: Two groups of people require our aid but we can help only one group; there are more people in the first group than the second group; every person in both groups has an equal claim on our aid; and we have a duty to help and no other special obligations or duties. I argue that there exists at least one fairness function, which is a function that measures the goodness of degrees of fairness, that implies that we should follow a procedure of proportional chances to determine which group to aid.

The value of solidarity, which is exemplified in noble groups like the Civil Rights Movement along with more mundane teams, families and marriages, is distinctive in part because people are in solidarity over, for or with regard to something, such as common sympathies, interests, values, etc. I use this special feature of solidarity to resolve a longstanding puzzle about enacted social moral rules, which is, aren’t these things just heuristics, rules of thumb or means of coordination that we ‘fetishize’ or ‘worship’ if we stubbornly insist on sticking to them when we can do more good by breaking them? I argue that when we are in a certain kind of solidarity with others, united by social moral rules that we have established among ourselves, the rules we have developed and maintain are a constitutive part of our solidary relationships with one another; and it is part of being in this sort of solidarity with our comrades that we are presumptively required to follow the social moral rules that join us together. Those in the Polish Revolution, for example, were bound by informally enforced rules about publicity, free speech and the use of violence, so following their own rules became a way of standing in a valuable sort of solidarity with one another. I explain why we can have non-instrumental reasons to follow the social moral rules that exist in our own society, improve our rules and even sometimes to break the otherwise good rules that help to unite us.

G.A. Cohen accuses Rawls of illicitly tailoring basic principles of justice to the ‘crooked wood’ of human nature. We are naturally self-interested, for example, so justice must entice us to conform to requirements that cannot be too demanding, whereas Cohen thinks we should distinguish more clearly between pure justice and its pragmatic implementation. My suggestion is that, strictly speaking, Rawls does not rely on facts of any kind to define his constructive procedure or to argue that his principles of justice would be its result – facts only come in to determine whether actual people satisfy the moral conceptions he defines and to determine whether his principles of justice can be stable for the right reasons. A distinguishing feature of normative constructivism, I claim, is that it begins with stipulated models that can include normative and descriptive elements; we then proceed to engage in a priori reflection about what these models presuppose and how they relate to one another. Rawls appeals to commonsense morality to partially define a citizen as someone who is engaged in social cooperation with others and a society as a fair system of cooperation; he then draws from these organizing ideas to characterize the original position for choosing principles of social regulation for societies and citizens so defined. Whether or not there are any actual people or societies that match Rawls’ models is a different matter, and irrelevant to the internal structure of his theory, but if the models do apply to people and societies in the real world then Rawls has given a powerful argument that his principles of justice are the most reasonable for them. Rather than watering down principles of justice to suit human nature, Rawls argues for principles of justice on a priori grounds and hopes that we can live up to the moral self-conceptions that underlie them.