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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. -
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. -
Lowe's Eliminativism About Relations and the Analysis Of
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by PhilPapers Lowe’s eliminativism about relations and the analysis of relational inherence Markku Keinänen Tampere University, Finland markku.keinanen[a]tuni.fi https://philpeople.org/profiles/markku-keinanen .[DRAFT, please do not quote] Abstract, Contrary to widely shared opinion in analytic metaphysics, E.J. Lowe argues against the existence of relations in his posthumously published paper There are probably no relations (2016). In this article, I assess Lowe’s eliminativist strategy, which aims to show that all contingent “relational facts” have a monadic foundation in modes characterizing objects. Second, I present two difficult ontological problems supporting eliminativism about relations. Against eliminativism, metaphysicians of science have argued that relations might well be needed in the best a posteriori motivated account of the structure of reality. Finally, I argue that, by analyzing relational inherence, trope theory offers us a completely new approach to relational entities and avoids the hard problems motivating eliminativism. 1. Introduction It has been a widely shared view in analytic metaphysics that we need to postulate relations in order to provide an adequate account of reality. For instance, concrete objects are spatio-temporally related in various ways and the spatio-temporal arrangement of objects is contingent relative to their existence and monadic properties. Here the most straightforward conclusion is that there are additional entities, spatio-temporal relations, which account for objects’ being spatio-temporally related in different ways. Similarly, influential metaphysicians of science have maintained that relations figure among the fundamental constituents of reality according to reasonable interpretation of the best physical theories (Teller 1986, Butterfield 2006). -
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. -
Aquinas' Principle of Individuation
Aquinas' Principle of Individuation Patrick W. Hughes Denison University Saint Thomas Aquinas, the Thirteenth Century Catholic theologian and philosopher was one of the first Medieval philosophers to attempt to reconcile the newly re-introduced Aristotelian system with the Catholic religious thought ofthe day. Aquinas' numerous commentaries on Aristotle and his adoption of the Aristotelian thought form the basis for the whole of Aquinian metaphysics (as well as the basic Aristotileanism which pervades Aquinas' whole systematic philosophy), In this paper I will deal with a specific yet fundamental principle ofAquinianmetaphysics-the principle of individuation. On first reading of the Aquinian texts, the principle of individuation appears to be stated succinctly, yet further investigation into the concept of individuation reveals problems and ambiguities. As it is necessary for an understanding of the problem of individuation in the Aquinian system, I will start off with the basic ontology ofAquinas and then will proceed with one interpretation of the ambiguities which exist in the texts regarding the principle of individuation. I will then give a counter interpretation that Aquinas might level against my interpretation and the problems ofmy interpretation; finally, I will analyze any problems that arise from the Aquinian response. 1. Primary Substance in Aristotle and Aquinas The difficulty in dealing with systematic philosophy is that it is difficult to know where to begin, since each concept is built upon previous concepts and all of the concepts are fundamentally interrelated. Neverthe less, I shall start by explicating Aquinas' fundamental ontology. Aquinas, following Aristotle, points out that the world is made up of individual things-or what Aquinas calls "primary substances", Socrates, Rover, and the pine tree in my yard are all existing individual primary substances in the world. -
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). -
The Concept Of'nature'in Aristotle, Avicenna and Averroes
doi: 10.1590/0100-512X2015n13103cb THE CONCEPT OF ‘NATURE’ IN ARISTOTLE, AVICENNA AND AVERROES* Catarina Belo** [email protected] RESUMO O presente artigo trata da ‘natureza’ enquanto objeto da física, ou da ciência natural, tal como descrita por Aristóteles na “Física”. Também trata das definições da natureza, especificamente a natureza física, fornecidas por Avicena (m. 1037) e Averróis (m. 1198) nos seus comentários à “Física” de Aristóteles. Avicena e Averróis partilham da conceção da natureza de Aristóteles enquanto princípio de movimento e repouso. Enquanto para Aristóteles o objeto da física parece ser a natureza, ou aquilo que existe por natureza, Avicena defende que é o corpo natural, e Averróis afirma que o objeto da física, ou ciência natural, consiste nas coisas naturais, apresentando uma ênfase algo diferente. Palavras-chave Natureza, física, substância, Aristóteles, Avicena, Averróis. ABSTRACT This study is concerned with ‘nature’ specifically as the subject-matter of physics, or natural science, as described by Aristotle in his “Physics”. It also discusses the definitions of nature, and more specifically physical nature, provided by Avicenna (d. 1037) and Averroes (d. 1198) in their commentaries on Aristotle’s “Physics”. Avicenna and Averroes share Aristotle’s conception of nature as a principle of motion and rest. While according to Aristotle the subject matter of physics appears to be nature, * An earlier version of this paper was presented at the International Medieval Congress 2008, University of Leeds, United Kingdom, 7-10 July 2008. I am grateful for the comments on my paper by the other congress participants. ** Associate Professor of Philosophy, Department of Philosophy – The American University in Cairo. -
Form, Essence, Soul: Distinguishing Principles of Thomistic Metaphysics
FORM, ESSENCE, SOUL: DISTINGUISHING PRINCIPLES OF THOMISTIC METAPHYSICS JOSHUA P. HOCHSCHILD I. INTRODUCTION What is the difference between the substantial form, the essence, and the soul of a living material substance? Each of these three items would normally be considered in a course in Thomistic philosophy. In my experience, there reaches a point where students begin to wonder how these terms are related and even whether it is necessary to de scribe the metaphysical principles of things in so many different ways. I have found it useful, for my own understanding and my teaching, to exploit, even to foster, some potential confusions precisely in order to focus on them, and in the process illuminate certain distinctions and insights in Thomistic philosophy. II. CONFUSIONS Presentations of Thomistic metaphysics can tend to present the substantial form, essence, and soul as if they are basically the same thing. Aquinas himself, after all, sometimes treats "form" as syn onymous with "essence,"1 and they seem to serve the same basic metaphysical task: both are causes not only of a thing's being the kind of thing it is, but of its just being.2 And, as causes, the causality exercised by both the essence and the form is formal, not material or efficient.3 As for the soul, Aquinas of course adopts its Aristotelian 1 Aquinas, De Ente et Essentia, ch. 1: "Dicitur etiam forma secundum quod per formam significatur certitudo uniuscuiusque rei, ut <licit Avicenna in II Metaphysicae suae." 2 Aquinas, De Ente et Essentia, ch. 1: "Et hoc est quod Philosophus frequenter nominat quod quid erat esse, id est hoc per quod aliquid habet esse quid." De Principiis Naturae, ch. -
The Limit of Logicism in Epistemology: a Critique of the Marburg and Freiburg Schools” ______
Journal of World Philosophies Articles/1 Translation of Tanabe Hajime’s “The Limit of Logicism in Epistemology: A Critique of the Marburg and Freiburg Schools” _____________________________________ TAKESHI MORISATO Université libre de Bruxelles ([email protected]) This article provides the first English translation of Tanabe’s early essay, “The Limit of Logicism in Epistemology: A Critique of the Marburg and Freiburg Schools” (1914). The key notion that the young Tanabe seeks to define in relation to his detailed analyses of contemporary Neo-Kantian epistemology is the notion of “pure experience” presented in Nishida’s philosophy. The general theory of epistemology shared among the thinkers from these two prominent schools of philosophy in early 20th century Germany aimed to eliminate the empirical residues in Kant’s theory of knowledge while opposing naïve empiricism and the uncritical methodology of positive science. Their “logicistic” approach, according to Tanabe, seems to contradict Nishida’s notion of pure experience, for it cannot allow any vestige of empiricism in its systematic framework, which is specifically designed to ground scientific knowledge. Yet given that the Neo-Kantian configuration of epistemology does not create the object of knowledge, it must face sensation or representational content as its limiting instance. Thus, to ground a Neo-Kantian theory of knowledge while taking account of this limit of logicism involves explaining their understanding of the unity of subject and object in human knowing. For this, -
An Argument for Substantial Form
An Argument for Substantial Form Steven Baldner St. Francis Xavier University I provide an argument, based on Thomistic principles, for substantial form, understood as the single principle of substantial actuality for any natural substance. To make this argument, I distinguish between substance and accident, between the natural and the artificial, and between ontological and methodological reduction. I respond to two objections to the Thomistic doctrine of substantial form raised by Benjamin Hill: I explain how it is possible for Thomas to account for the presence of elements in compounds and also to account for the fact of natural instances that fail to realize the full reality of the substantial form (“monsters”). I begin by offering my sincere gratitude and appreciation for the excellent paper we have heard from Professor Hill.1 I am going to attempt to argue against some of the conclusions reached by Prof. Hill, but I do so with humility, for, however much I might be convinced of the truth of Thomistic monism, I am even more certain of my own inadequacy to the task of competing with the metaphysical analysis we have already seen. My goal here is not so much to give you better arguments, for I don’t think that I can, as to give you some reason to try to find better arguments yourselves. And perhaps you will do just that in the question period. I shall attempt to do two things in this paper: first, to give an argument for substantial form and second to give replies to some of the objections raised so well by Prof.