Sem de Maagt

Christine Korsgaard’s argument for the claim that one should not only value one’s own humanity but also the humanity of all other persons, ‘the publicity of reasons argument’, has been heavily criticized and I believe rightly so. However, both in an early paper and in her most recent work, Korsgaard does not rely on controversial, Wittgensteinian ideas regarding the publicity of reasons, but instead she uses a different argument to justify interpersonal morality, which I will refer to as ‘the argument from the sufficiency of agency’. The goal of this paper is to evaluate whether the argument from the sufficiency of agency can succeed where the publicity of reasons argument fails. I will argue that although the argument from the sufficiency of agency is potentially more promising, it fails to justify a categorical and universal principle of interpersonal morality. I argue, however, that this failure has less to do with the argument from the sufficiency of agency itself and more with Korsgaard’s specific version of it. This leaves open the possibility that other Kantian constructivist arguments from the sufficiency of agency might be more successful.

Most Kantian constructivists try to ground universal duties of interpersonal morality in certain interactions between individuals, such as communication, argumentation, shared action or the second-person standpoint. The goal of this paper is to present these, which I refer to as arguments from the second-person perspective, with a dilemma: either the specific kind of interaction that is taken as a starting point of these arguments is inescapable, but in that case the argument does not justify a universal principle of interpersonal morality. Or interaction does have a principle of interpersonal morality among its necessary conditions of possibility, but such forms of interactions are merely optional. I argue that proponents of arguments from the second-person perspective have failed to provide a convincing response to this dilemma and that this failure is systematic. This suggests that the success of Kantian constructivism depends on the success of arguments from the first person.

Ever since the introduction of reflective equilibrium in ethics, it has been argued that reflective equilibrium either leads to moral relativism, or that it turns out to be a form of intuitionism in disguise. Despite these criticisms, reflective equilibrium remains the most dominant method of moral justification in ethics. In this paper, I therefore critically examine the most recent attempts to defend the method of reflective equilibrium against these objections. Defenders of reflective equilibrium typically respond to the objections by saying that either reflective equilibrium can in fact safeguard moral objectivity or alternatively, even if it cannot, that there simply are no reasonable alternatives. In this paper, I take issue with both responses. First, I argue that given the non-foundationalist aspirations of reflective equilibrium, moral objectivity cannot be maintained. Second, I argue that reflective equilibrium is not the only game in town once intuitionism has been discarded. I argue that given their own normative ambitions, combined with their rejection of intuitionism, proponents of reflective equilibrium have reason to take alternative methods of moral justification, and more specifically transcendental arguments, more seriously than they have done so far. I end by sketching the outlines of what this alternative methodology might look like.

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1