Kenneth R. Westphal

This book is the first translation into English of the Reflections which Kant wrote whilst formulating his ideas in political philosophy: the preparatory drafts for Theory and Practice, Toward Perpetual Peace, the Doctrine of Right, and Conflict of the Faculties; and the only surviving student transcription of his course on Natural Right. Through these texts one can trace the development of his political thought, from his first exposure to Rousseau in the mid 1760s through to his last musings in the late 1790s after his final system of Right was published. The material covers such topics as the central role of freedom, the social contract, the nature of sovereignty, the means for achieving international peace, property rights in relation to the very possibility of human agency, the general prohibition of rebellion, and Kant's philosophical defense of the French Revolution.

Kant’s justification of possession appears to beg the question (petitio principii) by assuming rather than proving the legitimacy of possession. The apparent question-begging in Kant’s argument has been recapitulated or exacerbated but not resolved in the secondary literature. A detailed terminological, textual, and logical analysis of Kant’s argument reveals that he provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it is in Kant’s Critical sense ‘metaphysical’ because it applies the pure a priori ‘Universal Principles of Right’ to the concept of finite rational human agency. The application of this principle implicitly involves a ‘Contradiction in Conception’ test. I explicate this test in detail and show, inter alia, how Kant’s argument relates to the modern natural law tradition. I further argue that Kant’s ‘Universal Principle of Right’ is justified by appeal to a fundamental principle of justification, the Principle of Mutual Acceptability. This justification also suggests that the debate between Kantians and Utilitarians about whether human ‘dignity’ is an incommensurable value is moot because Kant’s test of the Categorical Imperative need not appeal to ‘dignity’. Finally, I show that the limited rights to possession and use justified by Kant’s argument suffice for his social contract argument for the legitimacy of the state.

In Kant and the Dynamics of Reason, Gerd Buchdahl proposes to solve Jacobi’s objection to Kant’s metaphysics – one needs a ‘thing-in-itself’ to enter the Critical Philosophy, but one cannot uphold both that philosophy and the ‘thing-in-itself’ – by interpreting Kant in terms of a phenomenological ‘reduction’ of objects to their transcendental conditions and their subesequent ‘realization’ in various theoretical or practical contexts. I summarize Buchdahl’s interpretation and argue: (1) Buchdahl’s view faces an exact analog of Jacobi’s problem; (2) Buchdahl’s view of Kant is much more a reconstruction than an interpretation of the Critical philosophy (this counsels greater caution and frankness about the extent to which we interpret or reconstruct Kant’s texts); (3) Buchdahl’s recent effort to address Kant’s practical philosophy is inadequate.

This book provides an important opportunity to explore Hegel's relation to Kant. Hegel claims that a proper criticism of a philosophy must be sufficiently immanent, detailed, and systematic to show that and how a more adequate view is introduced and justified by a thorough comprehension of the merits and deficiencies of another view. However, Hegel's explicit criticisms of Kant cannot be credited with meeting this exacting standard. His lectures on Kant do not get beyond an overview, and though he makes some detailed criticisms in the conceptual preliminaries of the lesser Logic and in a number of remarks in the larger Logic, these criticisms appear isolated. While there is much important criticism of Kant in Hegel's early writings, those criticisms are embedded in Hegel's still embryonic philosophy, and as such do not constitute a thorough and mature Hegelian critique. Furthermore, Hegel scholarship has yet to make up this decisive gap in Hegel's purported proof of his own philosophy; far too little, of far too little detail and scope, has been written on Hegel's critical relation to the critical philosophy.

This chapter considers the centrality of principles in Kant’s moral philosophy, their distinctively ‘Kantian’ character, why Kant presents a ‘metaphysical’ system of moral principles and how these ‘formal’ principles are to be used in practice. These points are central to how Kant thinks pure reason can be practical. These features have often puzzled Anglophone readers, in part due to focusing on Kant’s Groundwork, to the neglect of his later works in moral philosophy, in which the theoretical preliminaries of that first essay are properly articulated. In part, however, these puzzles stem, directly or indirectly, from Kant’s opposition to moral empiricism, which is bound to puzzle Anglophone readers, whose default orientation is empiricist. Accordingly, particular attention is paid to Kant’s reasons for rejecting moral empiricism and for developing an alternative to it, to Kant’s account of how his universalization tests serve as criteria of morally obligatory, permissible or prohibited actions and to his account of what is morally wrong with actions which violate those criteria. Examining these points provides a compelling synopsis of Kant’s system of moral principles, centring on the key terms ‘practical reason’, ‘law’, ‘maxim’ and ‘Categorical Imperative’.

If Hegel’s 1807 Phenomenology is to justify our capacity to know the world as it is, by examining a complete series of forms of consciousness, why and with what justification does he omit the Cartesian ego-centric predicament? By augmenting Franco Chiereghin’s explication of Hegel’s concept of thought, and of why Hegel provides it only at the start of the second half of ‘Self-Consciousness’, this paper shows how Hegel showed that Pyrrhonian, Cartesian and Humean scepticism, and also mental content internalism, all depend upon the deductivist model of rational justification (scientia), and that this model is suited only to strictly formal domains, not to the non-formal substantive domain of empirical knowledge. Hegel thus refutes the epistemological presuppositions of the ego-centric predicament; hence he may omit it from the forms of consciousness examined in the Phenomenology.

Kant’s Critique of Pure Reason contains an original and powerful semantics of singular cognitive reference which has important implications for epistemology and for philosophy of science. Here I argue that Kant’s semantics directly and strongly supports Newton’s Rule 4 of Philosophy in ways which support Newton’s realism about gravitational force. I begin with Newton’s Rule 4 of Philosophy and its role in Newton’s justification of realism about gravitational force (§2). Next I briefly summarize Kant’s semantics of singular cognitive reference (§3), and then show that it is embedded in and strongly supports Newton’s Rule 4, and that it rules out not only Cartesian physics (per Harper) but also Cartesian, infallibilist presumptions about empirical justification generally (§4). This result exposes a key fallacy in Bas van Fraassen’s original argument for his anti-realist Constructive Empiricism (§5).

Hegel’s aesthetic ideal is the perfect integration of form and content within a work of art. This ideal is incompatible with the predominant 20th-century principle of formalist criticism, that form is the sole important factor in a work of art. Although the formalist dichotomy between form and content has been criticized on philosophical grounds, that does not suffice to justify Hegel’s ideal. Justifying Hegel’s ideal requires detailed art criticism that shows how form and content are, and why they should be, integrated in good works of art. This essay provides some of this criticism. By focusing on the work of the contemporary artist, Robert Turner, this criticism further suggests that Hegel’s aesthetic ideal is still relevant. Moreover, the nature of Turner’s work suggests that art is still relevant in our day in ways Hegel did not expect.

Dans laScience de la logiqueet dans l’Encyclopédie des sciences philosophiques,Hegel reconstruit la philosophie critique de Kant en développant i) une logique transcendantale dans laScience de la logiqueet dans laPhilosophie de la nature; ii) une conception pragmatique de l’a priori; et iii) une caractéristique-clé de l’usage du verbe «réaliser» en relation avec les concepts et les principes. Chacun de ces trois éléments constitue un aspect central de la sémantique spécifiquement cognitive de Hegel, que celui-ci développe, en partant de la thèse kantienne de la référence cognitive singulière, en un réalisme pragmatique systématique.

Kant’s and Hegel’s transcendental argument for mental-content externalism breaks the deadlock between ‘internal’ and genuine realists. This argument shows that human beings can only be self-conscious in a world that provides a humanly recognizable regularity and variety among the things (or events) we sense. This feature of the world cannot result from human thought or language. Hence semantic arguments against realism can only be developed if realism about the world is true. Some of Putnam’s arguments for internal realism are taken as cases in point, and criticized accordingly. Pragmatic realists can use this transcendental argument, because its strong modal claims are consistent with falliblist accounts of justification.

By deepening Austin’s reflections on the ‘open texture’ of empirical concepts, Frederick L. Will defends an ‘externalist’ account of mental content: as human beings we could not think, were we not in fact cognizant of a natural world structured by events and objects with identifiable and repeatable similarities and differences. I explicate and defend Will’s insight by developing a parallel critique of Kant’s and Carnap’s rejections of realism, both of whom cannot account properly for the content of experience. This critique shows that Will has identified a genuinely transcendental basis for defending common-sense realism, without appeal to any high-level theory of knowledge. I then show how Will’s realism undercuts Simon Blackburn’s quasi-realism, Michael Williams’ partial defense of skepticism, John Haldane’s attempt to rehabilitate Aquinas’ account of concepts, and how it augments Crispin Wright’s defense of realism.

Onora O’Neill has contributed enormously to moral philosophy (broadly speaking, including both ethics and political philosophy) by identifying Kant’s unique and powerful form of normative constructivism. Frederick Neuhouser has contributed similarly by showing that all of Hegel’s standards of moral rationality aim to insure the complete development of three distinct, complementary forms of personal, moral and social freedom. However, Neuhouser’s study does not examine Hegel’s justificatory methods and principles. The present article aims to reinforce and extend Neuhouser’s findings by explicating Hegel’s basic principles for justifying practical norms. Surprisingly, Hegel’s basic principles of normative justification are rooted in Kant’s constructivism, as explicated by O’Neill. Hegel’s adaptation and development of Kant’s constructivism results in a powerful form of constructivism about moral principles which merits contemporary interest because it is more powerful and more objectivist than familiar contemporary forms of constructivism. (Slightly revised English translation by the author of „Objektive Gültigkeit zwischen Gegebenem und Gemachtem. Hegels kantischer Konstruktivismus in der praktischen Philosophie“)

: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231

Through a careful examination of two detailed investigations of Kant’s Categorical Imperative as a criterion for determining correct action I show that Hegel’s widely castigated critique of Kant’s CI has significant merit. Kant holds that moral imperatives are categorical because the obligations they express do not depend upon our contingent ends or desires and he holds that the CI is the supreme normative principle. However, his actual illustrations show that Kant repeatedly appeals to contingent ends and desires in deriving our obligations and that CI tests often reveal conflicts between maxims and other presupposed norms of action. Moreover, Barbara Herman makes a persuasive case that Kant’s CI test must be supplemented by ‘Rules of Moral Salience’ and by ‘Middle Theory’, which links Kant’s theory of value to a theory of applications. These supplements ultimately shift the principle of universalization from the standpoint of individual morality to social ethics – precisely Hegel’s strategy in his Philosophy of Right!

This critical editorial introduction summarizes and explicates Frederick Will’s pragmatic realism and his account of the nature, assessment, and revision of cognitive and practical norms in connection with: the development of Will’s pragmatic realism, Hume’s problem of induction, the oscillations between foundationalism and coherentism, the nature of philosophical reflection, Kant’s ‘Refutation of Idealism’, the open texture of empirical concepts, the correspondence conception of truth, Putnam’s ‘internal realism’, the redundancy theory of truth, sociology of knowledge, the governance of practice by norms and the assessment and revision of norms in practice, scientific realism, the alleged independence of reason and tradition, rule-following, legal realism, ethical intuitionism and moral relativism, the regress problem (both in epistemology and in moral theory), the paradox of analysis, and culminating in Will’s account of the philosophical governance of norms. These issues are discussed in close consideration of the views of: William Alston, John Dewey, Descartes, Leibniz, Waismann, Austin, Russell, Schlick, Ayer, Richard Rorty, Michael Williams, Hempel, Carnap, Simon Blackburn, Ramsey, Strawson, Kuhn, Wilfrid Sellars, Wittgenstein, Nozick, Dretske, Quine, Barbara Herman, Hardy Jones, Marcus Singer, and Gerd Buchdahl.

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 account of the basic principles of justice which justifies their strict objectivity without invoking moral realism nor moral anti- or irrealism. Westphal explores how Hume developed a kind of constructivism for basic property rights and for government, and how Kant greatly refined Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative account. Westphal contends that Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.

The passages translated here show that Hegel espoused ‘moderate collectivism’, a social ontology consisting in three theses: (1) Individuals are fundamentally social practitioners. Everything a person does, says, or thinks is formed in the context of social practices that provide material and conceptual resources, objects of desire, skills, procedures, techniques, and occasions and permissions for action, etc. (2) What individuals do depends on their own response to their social and natural environment. (3) There are no individuals, no social practitioners, without social practices, and vice versa, there are no social practices without social practitioners, without individuals who learn, participate in, perpetuate, and who modify those social practices as needed to meet their changing needs, aims, and circumstances (including information).

This book provides an important opportunity to explore Hegel's relation to Kant. Hegel claims that a proper criticism of a philosophy must be sufficiently immanent, detailed, and systematic to show that and how a more adequate view is introduced and justified by a thorough comprehension of the merits and deficiencies of another view. However, Hegel's explicit criticisms of Kant cannot be credited with meeting this exacting standard. His lectures on Kant do not get beyond an overview, and though he makes some detailed criticisms in the conceptual preliminaries of the lesser Logic and in a number of remarks in the larger Logic, these criticisms appear isolated. While there is much important criticism of Kant in Hegel's early writings, those criticisms are embedded in Hegel's still embryonic philosophy, and as such do not constitute a thorough and mature Hegelian critique. Furthermore, Hegel scholarship has yet to make up this decisive gap in Hegel's purported proof of his own philosophy; far too little, of far too little detail and scope, has been written on Hegel's critical relation to the critical philosophy.

Modern Philosophy bloomed into the Enlightenment, a cultural and philosophical movement still alive today, despite growing criticism. Some recent critics claim (roughly) that the alleged ‘universality’ of Enlightenment reason led directly to the imposition of Eurocentric reason on other, less militarily developed cultures. Some contend that there is no such thing as ‘universal’ reason. I contend that there are serious flaws in the Enlightenment notion of reason resulting from three basic dichotomies: (1) reason versus tradition, (2) knowledge versus customary belief, and (3) individuals versus society. Identifying and remedying these flaws leads, not to the abandonment of rational enlightenment, but to an improved account of human rationality.

Hegel identified in Kant’s practical philosophy precisely the powerful kind of constructivism about the identification and justification of norms that has recently been explicated by Onora O’Neill. If so (I have argued elsewhere this is so), what then did Hegel contribute to practical philosophy? This essay partly answers this question by examining Kant’s and Hegel’s views of the aim and structure of practical philosophy, and what is required to determine specific duties. This theme is specified by examining these issues: two oversights in Kant’s justification of rights to possession (§2), the role of philosophical anthropology in Kant’s universalization tests (§3), the roles of social institutions in specifying our ethical obligations (§4), Kant’s under-developed view of government (§5), and Hegel’s claim that, in contrast to Kant’s Rechtslehre, his Rechtsphilosophie provides an „immanent“ doctrine of duties (§6). I argue that Hegel attempted to respond to his own criticisms of Kant’s Categorical Imperative, and in doing so, Hegel contributed to practical philosophy in ways that Kantians and other moral, social and legal philosophers should consider seriously.

According to Kant, justifying the application of mathematics to objects in natural science requires metaphysically constructing the concept of matter. Kant develops these constructions in the Metaphysical Foundations of Natural Science (MAdN). Kant’s specific aim is to develop a dynamic theory of matter to replace corpuscular theory. In his Preface Kant claims completely to exhaust the metaphysical doctrine of body, but in the General Remark to MAdN ch. 2, “Dynamics,” Kant admits that once matter is reconceived as basic forces, it is no longer possible to construct the concept of matter. I argue that Kant’s admission is only the tip of the problem, and that none of Kant’s commentators has fully grasped the problems infecting the MAdN that underlie Kant’s admission. I show that Kant’s proof that matter consists of forces is fallacious. I then re-analyze the circularity in Kant’s definition of density, criticizing both Adickes’ formulations and his later dissolution of it. I also show that a third circularity infects the relations between Kant’s treatment of “Dynamics” and “Mechanics” (MAdN ch. 3). These three fundamental problems demonstrate the untenability of Kant’s metaphysical method, and they require the radical revision of the relation between mathematics and metaphysics Kant undertakes in his opus postumum. I show that some of Kant’s most surprising and critical later claims about the Critical philosophy are correct, and that they require the sorts of remedies Kant contemplates in the opus postumum. (I defend the essentially correct analyses offered by Burkhard Tuschling and Eckart Forster against criticisms by Michael Friedman.)

Hume and contemporary Humeans contend that moral sentiments form the sole and sufficient basis of moral judgments. This thesis is criticised by appeal to Hume’s theory of justice, which shows that basic principles of justice are required to form and to maintain society, which is indispensable to human life, and that acting according to, or violating, these principles is right, or wrong, regardless of anyone’s sentiments, motives or character. Furthermore, Hume’s theory of justice shows how the principles of justice are artificial without being arbitrary. In this regard, Hume’s theory belongs to the unjustly neglected modern natural law tradition. Some key merits of this strand in Hume’s theory are explicated by linking it to Kant’s constructivist method of identifying and justifying practical principles (à la O’Neill), and by showing how and why Hegel adopted and further developed Kant’s constructivism by re-integrating it with Hume’s central natural law concern with our actual social practices. (Slightly revised English translation by the author of „Von der Konvention zur Sittlichkeit. Humes Begründung einer Rechtsethik aus nach-Kantischer Perspektive“, on which see below.)

Kant’s justification of possession appears to assume rather than prove its legitimacy. This apparent question-begging has been recapitulated or exacerbated but not resolved in the literature. However, Kant provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it is in Kant’s Critical sense ‘metaphysical’ because it applies the pure a priori ‘Universal Principles of Right’ to the concept of finite rational human agency. This use implicitly involves a ‘Contradiction in Conception’ test, which I explicate in detail. The limited rights to possession and use justified by Kant’s argument suffice for his social contract argument for the legitimacy of the state.