Reflections on Kant's View of the Imagination
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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. -
Perception Is Truth
Perception is Truth... WHEN IT COMES TO LEASING AND SHOPPING REPORTS What is the truth? This age old question has some very deep implications that go way beyond the point of this training tip. Yet, the question reminds us that two people can experience the same incident and walk away with completely different perceptions of what actually happened. Sometimes, just like beauty, "truth” is in the eye of the beholder. It is a matter of perception. Shopping report information is a vivid example of the fact that perception is reality. Occasionally, an EPMS shopper remembers a specific leasing presentation somewhat differently than the on-site professional who was shopped and later evaluated in a written format. The shopper reports that the leasing consultant was a bit distracted and indifferent, not very friendly, or “didn’t seem interested in meeting my needs”. Yet, that individual’s supervisor cannot believe that this very friendly and warm staff member could ever come across in any way but delightful, enthusiastic and professional! “Everyone loves her!” the supervisor explains. Sometimes the gap between what the leasing professional believes about her presentation and what the shopper describes comes down to perception. Regardless of what really (or not really!) happened, the perception of the shopper – and that of the typical rental prospect – is the only “truth” that really matters! Leasing is all about perception, isn’t it? Fellow onsite associates may say, “He is the friendliest guy you’ll ever meet! We love him!” But if this “friendliest guy” is perceived as unfriendly, to that prospect he is unfriendly! “You know, Sara is really nice once you get to know her!” This may be “true”; but the reality is the prospect is unlikely to spend enough time “getting to know” Sara to override their initial impression. -
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. -
Kant's Transcendental Deduction of the Categories
Kenneth R. Westphal Kenneth Kenneth R. Westphal mmanuel Kant’s ‘Transcendental Deduction of the Categories’ addresses issues centrally debated today in philosophy and in cognitive sciences, especiallyI in epistemology, and in theory of perception. Kant’s insights into these issues are clouded by pervasive misunderstandings of Kant’s Kant’s ‘Deduction’ and its actual aims, scope, and argument. The present edition with its fresh and accurate translation and concise commentary aims to Kant serve these contemporary debates as well as continuing intensive and ’s Transcendental Deduction of the Categories the of Deduction Transcendental ’s Transcendental extensive scholarship on Kant’s Critique of Pure Reason. Two surprising results are that ‘Transcendental Deduction’ is valid and sound, and it holds independently of Kant’s transcendental idealism. This lucid volume is interesting and useful to students, yet sufficiently detailed to be Deduction of the informative to specialists. Kenneth R. Westphal is Professor of Philosophy at Boğaziçi University, İstanbul. His research focuses on the character and scope of rational Categories justification in non-formal, substantive domains, both moral and theoretical. His books include several volumes on Kant. Critical Re-Examination, Elucidation and Corroboration Kant’s Transcendental Deduction of the Categories Critical Re-Examination, Elucidation and Corroboration Kant’s Revised Second (B) Edition (1787), German Text with New Parallel Translation, for Students, Cognitive Scientists, Philosophers & Specialists. Kenneth R. WESTPHAL Department of Philosophy Boğaziçi Üniversitesi, İstanbul Kant’s Transcendental Deduction Kant’s Transcendental Deduction of the Categories of the Categories Critical Re-Examination, Elucidation Critical Re-Examination, Elucidation and Corroboration and Corroboration Kant’s Revised Second (B) Edition (1787), German Text with New Parallel Kant’s Revised Second (B) Edition (1787), German Text with New Parallel Translation, for Students, Cognitive Scientists, Philosophers & Specialists. -
Studies on Collingwood, History and Civilization
Studies on Collingwood, History and Civilization Jan van der Dussen Studies on Collingwood, History and Civilization Jan van der Dussen Heerlen , The Netherlands ISBN 978-3-319-20671-4 ISBN 978-3-319-20672-1 (eBook) DOI 10.1007/978-3-319-20672-1 Library of Congress Control Number: 2015951386 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www. springer.com) Acknowledgements The following four essays are reproduced from their original publication. -
Perception and Law Enforcement
Perception and Law Enforcement Lt. Norman Hale White County Sheriff Department School of Law Enforcement Supervision Session XXXII Criminal Justice Institute Introduction Since the beginning, perception has been used by everyone. When man first said I am naked, I need clothing. The perception was I am naked. Without understanding why things are the way they appear man was fearful of the world around him. Superstitions overwhelmed man and his thoughts. It was an effort to explain the unexplainable. This is the perception of man and his surroundings. Early man worshiped nature in an attempt to change what was happening. At one time, it was believed that a man lived in the moon. This was based on the face seen on the moon. More resonantly, many believed there was or had been life on Mars, because of a photo taken as a satellite passed Mars showing a face on the surface (face on mars). This raised a large stir among people and the scientific community. It was not until some time later when a new photo was taken by a passing satellite, that the face on Mars proved to be a mountain and the face was formed by shadows cast across the surface of the mountain (face on mars). The attempt to understand how things are perceived goes back before the Egyptians were building pyramids. Modern man has devoted an extensive amount of time to studying perception and how it affects man. As the understanding of perception increases, the mystery that caused many superstitions is solved and man is no longer fearful. -
Aristotle and Kant on the Source of Value
Aristotle and Kant on the Source of Value The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Korsgaard, Christine. 1986. Aristotle and Kant on the source of value. Ethics 96(3): 486-505. Published Version http://dx.doi.org/10.1086/292771 Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:3164347 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Aristotle and Kant on the Source of Value* ChristineM. Korsgaard THREE KINDS OF VALUE THEORY In this paper I discuss what I will call a "rationalist" account of the goodness of ends. I begin by contrasting the rationalist account to two others, "subjectivism' and "objectivism.' Subjectivism identifies good ends with or by reference to some psychological state. It includes the various forms of hedonism as well as theories according to which what is good is any object of interest or desire. Objectivism may be represented by the theory of G. E. Moore. According to Moore, to say that something is good as an end is to attribute a property, intrinsic goodness, to it. Intrinsic goodness is an objective, nonrelational property of the object, a value a thing has independently of anyone's desires, interests, or pleasures. The attraction of subjectivist views is that they acknowledge the connection of the good to human interests and desires. -
Kant's Doctrine of Schemata
Kant’s Doctrine of Schemata By Joseph L. Hunter Thesis submitted to the faculty of Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of MASTERS OF ARTS IN PHILOSOPHY APPROVED: _______________________________ Eric Watkins, Chair _______________________________ _______________________________ Roger Ariew Joseph C. Pitt August 25, 1999 Blacksburg, Virginia Keywords: Kant, Schemata, Experience, Knowledge, Categories, Construction, Mathematics. i Kant’s Doctrine of Shemata Joseph L. Hunter (ABSTRACT) The following is a study of what may be the most puzzling and yet, at the same time, most significant aspect of Kant’s system: his theory of schemata. I will argue that Kant’s commentators have failed to make sense of this aspect of Kant’s philosophy. A host of questions have been left unanswered, and the doctrine remains a puzzle. While this study is not an attempt to construct a complete, satisfying account of the doctrine, it should be seen as a step somewhere on the road of doing so, leaving much work to be done. I will contend that one way that we may shed light on Kant’s doctrine of schemata is to reconsider the manner in which Kant employs schemata in his mathematics. His use of the schemata there may provide some inkling into the nature of transcendental schemata and, in doing so, provide some hints at how the transcendental schemata allow our representations of objects to be subsumed under the pure concepts of the understanding. In many ways, then, the aims of the study are modest: instead of a grand- scale interpretation of Kant's philosophy, a detailed textual analysis and interpretation are presented of his doctrine of schemata. -
Animals in the Kingdom of Ends
25 Animals in the Kingdom of Ends Heather M. Kendrick Department of Philosophy and Religion Central Michigan University [email protected] Abstract Kant claimed that human beings have no duties to animals because they are not autonomous ends in themselves. I argue that Kant was wrong to exclude animals from the realm of moral consideration. Animals, although they do not set their own ends and thus cannot be regarded as ends in themselves, do have ends that are given to them by nature. As beings with ends, they stand between mere things that have no ends, and rational beings that are ends in themselves. I propose a broader version of Kant's kingdom of ends, in which rational beings respect the ends of all other beings that have them, including animals. The moral status of animals would still be dependent on the existence of rational beings, but our duty to take their ends into account would be a direct duty to them, rather than being a covert duty to human beings. Introduction Immanuel Kant holds that we have no duties to animals, because they are not ends in themselves, that is, autonomous beings of intrinsic value. Instead, we have indirect duties with regard to them. We ought not treat them cruelly, as it damages our natural sympathies and thus can harden us in our dealings with other human beings. He uses the example of a man who has his dog shot when the animal is no longer of service; this is not a violation of any duty to the dog, but of his duty to cultivate “the kindly and humane qualities in himself, which he ought to exercise in virtue of his duties to mankind” (Kant 1997b 27:459). -
Perceptual Causality, Counterfactuals, and Special Causal Concepts
OUP CORRECTED PROOF – FINAL, 19/10/2011, SPi 3 Perceptual Causality, Counterfactuals, and Special Causal Concepts Johannes Roessler On one view, an adequate account of causal understanding may focus exclusively on what is involved in mastering general causal concepts (concepts such as ‘x causes y’ or ‘p causally explains q’). An alternative view is that causal understanding is, partly but irreducibly, a matter of grasping what Anscombe called special causal concepts, con- cepts such as ‘push’, ‘flatten’,or‘knock over’. We can label these views generalist vs particularist approaches to causal understanding. It is worth emphasizing that the contrast here is not between two kinds of theories of the metaphysics of causation, but two views of the nature and perhaps source of ordinary causal understanding. One aim of this paper is to argue that it would be a mistake to dismiss particularism because of its putative metaphysical commitments. I begin by formulating an intuitively attractive version of particularism due to P.F. Strawson, a central element of which is what I will call na¨ıve realism concerning mechanical transactions. I will then present the account with two challenges. Both challenges reflect the worry that Strawson’s particularism may be unable to acknowledge the intimate connection between causa- tion and counterfactuals, as articulated by the interventionist approach to causation. My project will be to allay these concerns, or at least to explore how this might be done. My (tentative) conclusion will be that Strawson’sna¨ıve realism can accept what interventionism has to say about ordinary causal understanding, and that intervention- ism should not be seen as being committed to generalism. -
Unity of Mind, Temporal Awareness, and Personal Identity
UNIVERSITY OF CALIFORNIA, IRVINE THE LEGACY OF HUMEANISM: UNITY OF MIND, TEMPORAL AWARENESS, AND PERSONAL IDENTITY DISSERTATION submitted in partial satisfaction of the requirements for the degree of DOCTOR OF PHILOSOPHY in Philosophy by Daniel R. Siakel Dissertation Committee: Professor David Woodruff Smith, Chair Professor Sven Bernecker Associate Professor Marcello Oreste Fiocco Associate Professor Clinton Tolley 2016 © 2016 Daniel R. Siakel DEDICATION To My mother, Anna My father, Jim Life’s original, enduring constellation. And My “doctor father,” David Who sees. “We think that we can prove ourselves to ourselves. The truth is that we cannot say that we are one entity, one existence. Our individuality is really a heap or pile of experiences. We are made out of experiences of achievement, disappointment, hope, fear, and millions and billions and trillions of other things. All these little fragments put together are what we call our self and our life. Our pride of self-existence or sense of being is by no means one entity. It is a heap, a pile of stuff. It has some similarities to a pile of garbage.” “It’s not that everything is one. Everything is zero.” Chögyam Trungpa Rinpoche “Galaxies of Stars, Grains of Sand” “Rhinoceros and Parrot” ii TABLE OF CONTENTS Page ACKNOWLEDGMENTS v CURRICULUM VITAE vi ABSTRACT OF THE DISSERTATION xii INTRODUCTION 1 CHAPTER I: Hume’s Appendix Problem and Associative Connections in the Treatise and Enquiry §1. General Introduction to Hume’s Science of Human Nature 6 §2. Introducing Hume’s Appendix Problem 8 §3. Contextualizing Hume’s Appendix Problem 15 §4. -
Imperfect Perception and Vagueness
Imperfect Perception and Vagueness Giri Parameswaran∗& Timothy Lambie-Hansony March 27, 2016 VERY PRELIMINARY & INCOMPLETE Abstract This paper investigates the epistemic approach to vagueness that the source of vagueness is the speaker's inability to perfectly perceive the world. We study a standard communication game and show that imperfect perception is insucient to render vague communication about the world as perceived by the sender. However, if the receiver interprets the sender's message as a true statement about the world, rather than merely how it appears to the sender, then language becomes vague. We show that this vagueness is characterized by probability distributions that describe the degree to which a statement is likely to be true. Hence, we provide micro-foundations for truth- degree functions as an equilibrium consequence of the sender's perception technology and the optimal, non-vague language in the perceived world thereby unifying the epistemic and truth-degree approaches to vagueness. ∗Department of Economics, Haverford College, Haverford, PA 19041. Email: [email protected] yDepartment of Economics, Haverford College, Haverford, PA 19041. Email: [email protected] 1 1 Introduction Language is vague when the receiver cannot be certain of which `states' the sender of a message seeks to invoke. For example, although we routinely describe people or things as tall, heavy, fast, and so on, we would, in most cases, struggle to identify the boundary between tall and short, or between fast and slow. Indeed, vagueness is often associated with a `blurring of the boundaries' between the meanings of words. Many theories seek to explain the nature and source of vagueness.