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.

Empirical investigations use empirical methods, data and evidence. This banal observation appears to favour empiricism, especially in philosophy of science, though no rationalist ever denied their importance. Natural sciences often provide what appear to be, and are taken by scientists as, realist, causal explanations of natural phenomena. Empiricism has never been congenial to scientific realism. Bas van Fraassen’s ‘Constructive Empiricism’ purports that realist interpretations of any scientific theory in principle always transcend whatever can be justified by that theory’s empirical adequacy, and that ‘explanations’ are merely pragmatic, insofar as they are context-specific to the presuppositions of whomever poses the question an explanation is to answer. Here I argue that ‘Constructive Empiricism’ rests upon a series of flawed presumptions about natural science and about epistemology. To do so I draw upon two main resources. One resource is the constraints upon specifically cognitive reference to particulars, first identified by Kant (and later by Evans). The second is William Harper’s (2011) brilliant re-analysis and defence of Newton’s Principia, which shows that, and how, Newton justified his realism about gravitational force. One surprise is that Kant’s semantics of singular cognitive reference (examined in §3) directly and strongly supports Newton’s Rule 4 of scientific method (§4), which strongly supports his realism about gravitational force (summarised in §2). A further surprise is that Hegel first recognised that this semantics of singular cognitive reference directly and strongly supports Newton’s methodological Rule 4 of experimental philosophy in ways which support Newton’s realism about gravitational force, and about distance forces generally. The textual and exegetical issues these attributions require I examine elsewhere. Here I make these important findings available to philosophers and historians of science.

Kant's views on revolution have been widely discussed, and commentators have long been astounded that the philosopher who made famous the principle that persons are ends in themselves could reach such abhorent conclusions as that citizens owe unqualified obedience to their supreme ruler. I address an important and ignored sub-issue of this topic: the relations between Kant's doctrine of the division of governmental powers and his doctrine of absolute obedience. I argue that these two doctrines are not compatible; Kant's defense of absolute obedience undermines his own division of powers. Examining exactly why this is the case leads to several further results. First, a constitutional court is crucial to a republic. Second, Kant is closer to a consistent view of government and obedience than first appears. Third, Kant's account of the division of powers was theoretically behind his times. Fourth, there is a crucial distinction between the separation of governmental powers and a system of checks and balances among the three branches of government. Fifth, Kant did grasp the relevant principles governing impeachment - a far more drastic measure than a constitutional court. Finally, most of the principles needed to revise Kant's constitutional theory are already contained in his published writings. Kants Thesen zur Revolution sind viel diskutiert worden, und lange Zeit waren Kommentatoren darüber verwundert, daß der Philosoph, der das Prinzip berühmt gemacht hat, wonach Personen Zwecke an sich selbst sind, insbesondere zu der abschreckenden Schlußfolgerung kommen konnte, die Bürger eines Staates hätten dem Herrscher unbedingten Gehorsam zu leisten. Ich befasse mich mit einem wichtigen und regelmäßig übersehenen Aspekt dieses Problemfeldes: Dem Verhältnis zwischen Kants Lehre von der Gewaltenteilung und seiner These vom absoluten Gehorsam des Staatsbürgers. Ich behaupte, daß diese beiden Lehren nicht miteinander vereinbar sind; Kants Verteidigung des absoluten Gehorsams unterminiert seine Gewaltenteilungsthese. Eine genaue Untersuchung der Frage, warum das so ist, führt zu weiteren Resultaten: Erstens ist ein Verfassungsgericht wesentlich für eine Republik. Zweitens ist Kant näher an einer konsistenten Auffassung von Staat und Gehorsam als dies auf den ersten Blick zu sein scheint. Drittens bleibt Kants Auffassung zur Gewaltenteilung hinter der Entwicklung seiner Zeit zurück. Viertens besteht ein wesentlicher Unterschied zwischen der Trennung der Staatsgewalten einerseits und einem System von "checks and balances" der drei Zweige der Staatslenkung andererseits. Fünftens hat Kant durchaus die relevanten Prinzipien eines "impeachment" erkannt - eine wesentlich drastischere Einrichtung als die eines Verfassungsgerichts. Schließlich sind die meisten der Prinzipien, die für eine Revision von Kants Verfassungstheorie notwendig sind, bereits in seinen eigenen Werken enthalten

The notion that Hegel repudiated epistemology has had dire consequences for our understanding of Hegel. By disregarding epistemology, Hegel’s expositors often disregarded the general issues central to epistemology of how one can establish or justify a philosophical view. If Hegel did address epistemological issues and tried to justify (not simply to expound) ‘absolute knowledge’, then that disregard would produce skewed interpretations of Hegel. Recent attention to Hegel’s epistemology (e.g., by Klaus Hartmann, Joseph Flay, Robert Pippin, Michael Forster, Terry Pinkard, and Justus Hartnack) is salutary. However, I argue that most of these efforts founder by making key assumptions about epistemology that Hegel clearly rejects. Moreover, many of these efforts exhibit hermeneutic defects that Hegel scholars should consider carefully; most of these interpretations are long on interpretive promise but short on philosophical delivery.

Hegel’s Philosophy of Right responds to two dichotomies. One is between the freedom of rational thought in its practical application and the givenness of natural impulses and desires. Against Kant Hegel argues that pure reason alone cannot determine the content of any maxim or principle of action. Thus Hegel must find a way in which the content of natural needs and impulses – the only source of content for maxims of action – can be transfigured into contents of rationally self-given principles and maxims. Hegel also responds to the dichotomy between the individual agent and the social whole within which agents act. Hegel argues that this dichotomy is specious because human beings are fundamentally social practitioners and because neither social practices nor individual agents have priority over the other. There are no social practices without social practitioners and there are no social practitioners without social practices. Hegel’s response to this second dichotomy allows him to respond to the first one as well. The elaboration and specialization of natural needs and desires through exchange relations and the social division of labor transfigures the contents of those needs and desires into collectively self-given ends. The social practices producing this transfiguration and meeting these ends form the contents of implicit principles of right. These implicit principles are collectively self-given because they result from the social practices collectively developed to meet these needs. Only acts that are executed and accepted by an agent are free acts. This strong condition requires that an agent’s intentions correspond to the actual nature and consequences of his or her act. Since the aims, the principles, and the means of action are fundamentally social, these strong constraints entail that free action is possible only within a community which makes known its structure and the role of its members within it and their contribution to it, so that its members can act on the basis of that knowledge. Hegel’s theory of the state is a theory of a communal structure that makes such explicit, free action possible. In briefest compass, Hegel holds that laws are legitimate only insofar as they codify those practices that have been developed in order to achieve human freedom, and laws are obligatory only insofar as they are necessary for achieving human freedom. Hegel’s government is designed to codify and promulgate such laws. Hegel’s legislature is designed to make known to the citizens at large, through their corporate representatives, that laws have such a basis and how individual roles and actions fit within the community as a whole.

Three genuinely transcendental conditions for the possibility of self-conscious experience are and can only be material (§§2–4). Identifying these conditions shows that the link between transcendental proof and transcendental idealism is not direct, but must be justified by substantive argument (§§ 4, 5). This illuminates the prospect of separating transcendental proofs from transcendental idealism. Indeed, examining these conditions reveals a powerful strategy for using transcendental proof to defend realism sans phrase. Strikingly, this prospect illuminates some otherwise occluded aspects of post-Kantian German Idealism (§6), and sets an important contemporary philosophical agenda (§7).

This book is the first detailed study of Kant's method of 'transcendental reflection' and its use in the Critique of Pure Reason to identify our basic human cognitive capacities, and to justify Kant's transcendental proofs of the necessary a priori conditions for the possibility of self-conscious human experience. Kenneth Westphal, in a closely argued internal critique of Kant's analysis, shows that if we take Kant's project seriously in its own terms, the result is not transcendental idealism but realism regarding physical objects. Westphal attends to neglected topics - Kant's analyses of the transcendental affinity of the sensory manifold, the 'lifelessness of matter', fallibilism, the semantics of cognitive reference, four externalist aspects of Kant's views, and the importance of Kant's Metaphysical Foundations for the Critique of Pure Reason - that illuminate Kant's enterprise in new and valuable ways. His book will appeal to all who are interested in Kant's theoretical philosophy.

This chapter argues that Hegel is a major (albeit unrecognized) epistemologist: Hegel’s Introduction provides the key to his phenomenological method by showing that the Pyrrhonian Dilemma of the Criterion refutes traditional coherentist and foundationalist theories of justification. Hegel then solves this Dilemma by analyzing the possibility of constructive self- and mutual criticism. ‘Sense Certainty’ provides a sound internal critique of ‘knowledge by acquaintance’, thus undermining a key tenet of Concept Empiricism, a view Hegel further undermines by showing that a series of non-logical a priori concepts must be used to identify any particular object of experience. Most importantly, Hegel justifies a semantics of singular cognitive reference with important anti-skeptical implications. ‘Perception’ extends Hegel’s criticism Concept Empiricism by exposing the inadequacy of Modern theories of perception (and also sense data theories) which lack a tenable concept of the identity of perceptible things. Hegel demonstrates that this concept is a priori and integrates two counterposed sub-concepts, ‘unity’ and ‘plurality’. Hegel’s examination of this concept reveals his clear awareness of what is now called the ‘binding problem’ in neurophysiology of perception, a problem only very recently noticed by epistemologists. ‘Force and Understanding’ exposes a fatal equivocation in the traditional concept of substance which thwarts our understanding of force and causal interaction. Hegel’s disambiguation of that concept enables us to comprehend how relations can be essential to physical particulars. Hegel contends that Newtonian universal gravitation shows that gravitational relations are essential to physical particulars, and he criticizes a series of attempts—including the infamous ‘inverted world’—to avoid this conclusion. Hegel’s cognitive semantics supports Newton’s Fourth Rule of philosophizing, which rejects mere logical possibilities as counter-examples to empirical hypotheses. This is an important anti-Cartesian, also anti-empiricist, insight. Finally, Hegel’s cognitive semantics reveals a previously unnoticed link between Pyrrhonian and Cartesian skepticism and empiricist anti-realism about causality within philosophy of science: all three appeal to premises, hypotheses, or counter-examples which, as mere logical possibilities, lack in principle fully determinate, cognitively legitimate meaning. ‘Consciousness’ thus establishes basic principles and features of human cognition to which Hegel returns throughout the Phenomenology. The chapter concludes by summarizing Hegel’s over-arching epistemological analysis in the Phenomenology.

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.

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.

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 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’.

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).

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.

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.

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.

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!

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.