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Kant's Categorical Imperative: an Unspoken Factor in Constitutional Rights Balancing, 31 Pepp
UIC School of Law UIC Law Open Access Repository UIC Law Open Access Faculty Scholarship 1-1-2004 Kant's Categorical Imperative: An Unspoken Factor in Constitutional Rights Balancing, 31 Pepp. L. Rev. 949 (2004) Donald L. Beschle The John Marshall Law School, [email protected] Follow this and additional works at: https://repository.law.uic.edu/facpubs Part of the Constitutional Law Commons, and the Law and Philosophy Commons Recommended Citation Donald L. Beschle, Kant's Categorical Imperative: An Unspoken Factor in Constitutional Rights Balancing, 31 Pepp. L. Rev. 949 (2004). https://repository.law.uic.edu/facpubs/119 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Open Access Faculty Scholarship by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. Kant's Categorical Imperative: An Unspoken Factor in Constitutional Rights Balancing Donald L. Beschle TABLE OF CONTENTS I. INTRODUCTION II. CONSTITUTIONAL BALANCING: A BRIEF OVERVIEW III. THE CATEGORICAL IMPERATIVE: TREATING PEOPLE AS ENDS IV. THE CATEGORICAL IMPERATIVE AS A FACTOR IN CONSTITUTIONAL RIGHTS CASES V. CONCLUSION I. INTRODUCTION In 1965, the Supreme Court handed down its decision in Griswold v. Connecticut,' invalidating a nearly century old statute that criminalized the use of contraceptives, even by married couples, "for the purpose of preventing conception."2 Griswold injected new life into the largely 3 dormant notion that the Due Process Clause of the Fourteenth Amendment could effectively protect substantive individual rights, beyond those specifically enumerated in the Constitution, against state legislative action. -
Introduction to Philosophy. Social Studies--Language Arts: 6414.16. INSTITUTION Dade County Public Schools, Miami, Fla
DOCUMENT RESUME ED 086 604 SO 006 822 AUTHOR Norris, Jack A., Jr. TITLE Introduction to Philosophy. Social Studies--Language Arts: 6414.16. INSTITUTION Dade County Public Schools, Miami, Fla. PUB DATE 72 NOTE 20p.; Authorized Course of Instruction for the Quinmester Program EDRS PRICE MF-$0.65 HC-$3.29 DESCRIPTORS Course Objectives; Curriculum Guides; Grade 10; Grade 11; Grade 12; *Language Arts; Learnin4 Activities; *Logic; Non Western Civilization; *Philosophy; Resource Guides; Secondary Grades; *Social Studies; *Social Studies Units; Western Civilization IDENTIFIERS *Quinmester Program ABSTRACT Western and non - western philosophers and their ideas are introduced to 10th through 12th grade students in this general social studies Quinmester course designed to be used as a preparation for in-depth study of the various schools of philosophical thought. By acquainting students with the questions and categories of philosophy, a point of departure for further study is developed. Through suggested learning activities the meaning of philosopky is defined. The Socratic, deductive, inductive, intuitive and eclectic approaches to philosophical thought are examined, as are three general areas of philosophy, metaphysics, epistemology,and axiology. Logical reasoning is applied to major philosophical questions. This course is arranged, as are other quinmester courses, with sections on broad goals, course content, activities, and materials. A related document is ED 071 937.(KSM) FILMED FROM BEST AVAILABLE COPY U S DEPARTMENT EDUCATION OF HEALTH. NAT10N41 -
Kant's Schematized Categories and the Possibility of Metaphysics
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by PhilPapers Metaphysics Renewed: Kant’s Schematized Categories and the Possibility of Metaphysics Paul Symington ABSTRACT: This article considers the significance of Kant’s schematized categories in the Critique of Pure Reason for contemporary metaphysics. I present Kant’s understanding of the schematism and how it functions within his critique of the limits of pure reason. Then I argue that, although the true role of the schemata is a relatively late development in Kant’s thought, it is nevertheless a core notion, and the central task of the first Critique can be suf- ficiently articulated in the language of the schematism. A surprising result of Kant’s doctrine of the schematism is that a limited form of metaphysics is possible even within the parameters set out in the first Critique. To show this, I offer contrasting examples of legitimate and illegitimate forays into metaphysics in light of the condition of the schematized categories. LTHOUGH SCHOLARSHIP ON KANT has traditionally focused on Kant’s ATranscendental Deduction of the a priori categories, the significance and de- velopment of his schematized categories is attracting more recent attention.1 Despite interpretive difficulties concerning the schemata and its place in the overall project of the Critique of Pure Reason (henceforth, CPR), it is becoming clear that Kant’s schematized categories offer a key insight into the task of the Transcendental Doc- trine of Elements and nicely connect these purposes with John Locke’s emphasis on experience-grounded knowledge.2 I want to echo the judgment that this curious and somewhat interpolated doctrine is valuable for grasping Kant’s attempt at carving out a niche between doggedly empirical and rational considerations. -
Blackness and Blood: Interpreting African American Identity Author(S): Lionel K
Blackness and Blood: Interpreting African American Identity Author(s): Lionel K. McPherson and Tommie Shelby Source: Philosophy and Public Affairs, Vol. 32, No. 2 (Spring, 2004), pp. 171-192 Published by: Blackwell Publishing Stable URL: http://www.jstor.org/stable/3557949 Accessed: 11/08/2010 23:59 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=black. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Blackwell Publishing is collaborating with JSTOR to digitize, preserve and extend access to Philosophy and Public Affairs. http://www.jstor.org LIONELK. -
Kant's Theory of Knowledge and Hegel's Criticism
U.Ü. FEN-EDEBİYAT FAKÜLTESİ SOSYAL BİLİMLER DERGİSİ Yıl: 2, Sayı: 2, 2000-2001 KANT’S THEORY OF KNOWLEDGE AND HEGEL’S CRITICISM A. Kadir ÇÜÇEN* ABSTRACT Kant inquires into the possibility, sources, conditions and limits of knowledge in the tradition of modern philosophy. Before knowing God, being and reality, Kant, who aims to question what knowledge is, explains the content of pure reason. He formalates a theory of knowledge but his theory is neither a rationalist nor an empiricist theory of knowledge. He investigates the structure of knowledge, the possible conditions of experience and a priori concepts and categories of pure reason; so he makes a revolution like that of Copernicus . Hegel, who is one of proponents of the German idealism, criticizes the Kantian theory of knowledge for “wanting to know before one knows”. For Hegel, Kant’s a priori concepts and categories are meaningless and empty. He claims that the unity of subject and object has been explained in that of the “Absolute”. Therefore, the theory of knowledge goes beyond the dogmatism of the “thing-in- itself” and the foundations of mathematics and natural sciences; and reaches the domain of absolute knowledge. Hegel’s criticism of Kantian theory of knowledge opens new possibilities for the theory of knowledge in our age. ÖZET Kant’ın Bilgi Kuramı ve Hegel’in Eleştirisi Modern felsefe geleneği çerçevesinde Kant, bilginin imkânını, kaynağını, kapsamını ve ölçütlerini ele alarak, doğru bilginin sınırlarını irdelemiştir. Tanrı’yı, varlığı ve gerçekliği bilmeden önce, bilginin neliğini sorgulamayı kendine amaç edinen Kant, saf aklın içeriğini incelemiştir. Saf aklın a priori kavram ve kategorilerini, deneyin görüsünü ve bilgi yapısını veren, fakat ne usçu ne de deneyci * Uludag University, Faculty of Sciences and Letters, Dept. -
Study of Ontology, Epistemology and Axiology on Management
The Second International Conference on Entrepreneurship STUDY OF ONTOLOGY, EPISTEMOLOGY AND AXIOLOGY ON MANAGEMENT Rahmat Setiawan1 Airlangga University, Surabaya INDONESIA Email: [email protected] ABSTRACT There is still a difference of opinion among experts in the field of management of what is meant by management, namely whether the management is a science, an art or a profession. In addition, the management theory and studies have also experienced rapid growth, especially until the 19th century until the present. These developments have given rise to various groups of schools of thought about the management, which is a group of classical management perspective, a group of behavior management perspective, and a group of quantitative management perspective. Therefore, it is necessary to study on the development of management in terms of the philosophy of science perspective. By doing this assessment, management will be studied ontological, epistemological and axiological. Ontologically, management is the science, art and profession of work done through others. Material object is a behavior management work done through others. In management development, ontologically most experts view reality of social management in management as something objective, not subjective. Epistemologically, in management development, the approach most widely used by management experts is a deductive approach. However, the trend also shows that the inductive approach is also widely used lately. In axiological, largely through the efforts of study and research in the development of management is not value-free because the paradigm used by most bear management experts in developing management are positivist or functionalist paradigm. However, in applying the results of research to take a policy, then the leader of the company must still pay attention to the values of ethics and humanity. -
Deconstruction for Critical Theory Handbook
Deconstruction Johan van der Walt Introduction Deconstruction is a mode of philosophical thinking that is principally associated with the work of the French philosopher Jacques Derrida. Considered from the perspective of the history of philosophical thinking, the crucial move that Derrida’s way of thinking makes is to shift the focus of inquiry away from a direct engagement with the cognitive content of ideas put forward in a text in order to focus, instead, on the way in which the text produces a privileged framework of meaning while excluding others. Instead of engaging in a debate with other philosophers – contemporary or past – about the ideas they articulated in their texts, Derrida commenced to launch inquiries into the way their texts relied on dominant modes of writing (and reading) to produce a certain semantic content and intent while excluding other modes of reading and, consequently, other possible meanings of the text. By focusing on the textuality of texts – instead of on their semantic content – Derrida’s thinking endeavoured to pay attention, not only to that which the text does not say, but also that which it cannot say. The explanation that follows will show that the “method” of deconstruction does not just consist in finding that other meanings of the text are possible or plausible, but, more importantly, in demonstrating that the possibility or plausibility of other meanings – supressed by the organisation of the text – alerts one to the infinite potentiality of meaning that necessarily exceeds the margins of the text and remains unsayable. In other words, by pointing out the instability of the dominant meaning organised by the text, deconstruction alerts one to the unsayable as such, that is, to that which no text can say but on which all texts remain dependent for being able to say what they manage to say. -
Kant's Critique of Judgment and the Scientific Investigation of Matter
Kant’s Critique of Judgment and the Scientific Investigation of Matter Daniel Rothbart, Irmgard Scherer Abstract: Kant’s theory of judgment establishes the conceptual framework for understanding the subtle relationships between the experimental scientist, the modern instrument, and nature’s atomic particles. The principle of purposive- ness which governs judgment has also a role in implicitly guiding modern experimental science. In Part 1 we explore Kant’s philosophy of science as he shows how knowledge of material nature and unobservable entities is possible. In Part 2 we examine the way in which Kant’s treatment of judgment, with its operating principle of purposiveness, enters into his critical project and under- lies the possibility of rational science. In Part 3 we show that the centrality given to judgment in Kant’s conception of science provides philosophical in- sight into the investigation of atomic substances in modern chemistry. Keywords : Kant , judgment , purposiveness , experimentation , investigation of matter . Introduction Kant’s philosophy of science centers on the problem of how it is possible to acquire genuine knowledge of unobservable entities, such as atoms and molecules. “What and how much can the understanding and reason know apart from all experience?” ( CPuR , Axvii). This raises the question of the role of experiments in the knowability ( Erkennbarkeit ) and the experientiality (Erfahrbarkeit ) of nature. Kant’s insights into the character of scientific experimentation are not given the hearing they deserve. We argue that Kant’s theory of judgment establishes the conceptual framework for understanding the subtle inter- actions between the experimental chemist, the modern chemical instrument, and molecular substance. -
Philosophy and the Art of Living Aristotle, Spinoza, Hegel
Philosophy and the Art of Living Osher Life-Long Learning Institute (UC Irvine) 2010 The Masters of Reason and the Masters of Suspicion: Aristotle, Spinoza, Hegel Kierkegaard, Nietzsche, Sartre When: Mondays for six weeks: November 1 ,8, 15, 22, 29, and Dec. 6. Where: Woodbridge Center, 4628 Barranca Pkwy. Irvine CA 92604 NOTES AND QUOTES: Aristotle: 384 BCE- 322 BCE (62 years): Reference: http://www.jcu.edu/philosophy/gensler/ms/arist-00.htm Theoretical Reason contemplates the nature of Reality. Practical Reason arranges the best means to accomplish one's ends in life, of which the final end is happiness. http://plato.stanford.edu/entries/aristotle-ethics/#IntVir Aristotle distinguishes two kinds of virtue (1103a1-10): those that pertain to the part of the soul that engages in reasoning (virtues of mind or intellect), and those that pertain to the part of the soul that cannot itself reason but is nonetheless capable of following reason (ethical virtues, virtues of character). Intellectual virtues are in turn divided into two sorts: those that pertain to theoretical reasoning, and those that pertain to practical thinking 1139a3-8). He organizes his material by first studying ethical virtue in general, then moving to a discussion of particular ethical virtues (temperance, courage, and so on), and finally completing his survey by considering the intellectual virtues (practical wisdom, theoretical wisdom, etc.). Life : Aristotle was born in northern Greece in 384 B.C. He was raised by a guardian after the death of his father, Nicomachus, who had been court physician to the king of Macedonia. Aristotle entered Plato's Academy at age 17. -
Freedom and the State: the Social Contract This Course Aims To
Freedom and the State: The Social Contract This course aims to introduce students to central questions in political philosophy, through engagement with the work of several significant political philosophers: Thomas Hobbes, John Locke, Jean-Jacques Rousseau, Immanuel Kant and John Rawls. The topics with which we will be most deeply concerned include the legitimacy of the state; the limits of the state’s authority; the basis of rights of resistance or rebellion; the relevance of consent to political authority; the nature and value of freedom; the relationship between politics and human nature; and social justice. We will also, as often as we can, attempt to relate the views of these philosophers to contemporary debates. Program of lectures and reading Week 1 (15/01) Lecture 1: Political Legitimacy and the Social Contract Tradition Reading: Easy: Wolf (2006): 34-48. Easier: ‘Authority’ and ‘Political Obligation’ in the Stanford Encyclopedia of Philosophy. Harder: Boucher & Kelly (1994): ch. 1. Hampton (1997): Chapter 3. Week 2 (22/01) Lecture 2: Hobbes on Human Nature and the State of Nature Primary Reading: Leviathan, Part I, chs. 11, 13-16. Secondary Reading: Easy: Wolf (2006): 8-17. Easier: Levine (2002): 15-32. Newey (2008): ch. 4-5. Harder: Warburton, Pike and Matravers (2000): 100-105. Seminar question: If human nature is, or were, as Hobbes describes it, does it follow that life in the state of nature would be ‘solitary, poore, nasty, brutish and short’? Week 3 (29/01) Lecture 3: Hobbes on the Covenant, the Sovereign and the Right to Rebel Primary Reading: Leviathan, Part II, chs. -
Downloaded from Manchesterhive.Com at 09/25/2021 09:21:39AM Via Free Access Chap 16 23/1/03 7:51 Am Page 197
chap 16 23/1/03 7:51 am Page 196 16 International justice David Boucher Introduction Is justice intra-national or international, localised or globalised, communi- tarian or cosmopolitan, universal or particular, in its scope? Do richer coun- tries have a duty to help poorer countries and, if so, is this duty a matter of charity or justice, or both? Answers to these questions are often dependent upon an answer to a prior question: are state boundaries morally arbitrary and, if so, do we have a responsibility to help the less well off beyond these borders? A whole range of positions are taken which often cut across the cosmopolitan–communitarian divide favoured by such theorists who work within the field of international relations as Chris Brown, Janna Thompson, Charles Jones and Peter Sutch.1 Cosmopolitanism points to the justification of our moral principles as having a universal basis. For the cosmopolitan the existing social arrangements have no special status as the source of our value. The type of universal principles required is generated by three different sources of cosmopolitanism: Kantian- ism, utilitarianism and Marxism. Although utilitarianism is an entirely differ- ent moral theory from that of Kant, it is nevertheless cosmopolitan. Jeremy Bentham is, of course, the classic utilitarian. His theory is clearly cosmopolitan in that values are universal, and not the product of various particularistic com- munities. Each individual feels pleasure and pain and this is the basis of human values. Individuals have a basic duty to increase the happiness of humankind in general. The institutions of the family and state, for example, have claims on our duty because they promote the maximisation of the general happiness and not because they have priority over utility. -
Nietzsche's Platonism
CHAPTER 1 NIETZSCHE’S PLATONISM TWO PROPER NAMES. Even if modified in form and thus conjoined. As such they broach an interval. The various senses of this legacy, of Nietzsche’s Platonism, are figured on this interval. The interval is gigantic, this interval between Plato and Nietzsche, this course running from Plato to Nietzsche and back again. It spans an era in which a battle of giants is waged, ever again repeating along the historical axis the scene already staged in Plato’s Sophist (246a–c). It is a battle in which being is at stake, in which all are exposed to not being, as to death: it is a gigantomac√a p'r¥ t›V o¶s√aV. As the Eleatic Stranger stages it, the battle is between those who drag every- thing uranic and invisible down to earth, who thus define being as body, and those others who defend themselves from an invisible po- sition way up high, who declare that being consists of some kind of intelligibles (nohtº) and who smash up the bodies of the others into little bits in their l¬goi, philosophizing, as it were, with the hammer of l¬goV. Along the historical axis, in the gigantic interval from Plato to Nietzsche, the contenders are similarly positioned for the ever re- newed battle. They, too, take their stance on one side or the other of the interval—again, a gigantic interval—separating the intelligible from the visible or sensible, t¿ noht¬n from t¿ aÎsqht¬n. Those who station themselves way up high are hardly visible from below as they wield their l¬goi and shield themselves by translating their very position into words: m'tΩ tΩ fusikº.