Two Idealisms: Lask and Husserl
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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. -
Rickert, Weber, and the Dual Contrast Theory∗
Chapter published in I. Bryan, P. Langford & J. McGarry (eds.), The Foundation of the Juridico-Political: Concept Formation in Hans Kelsen and Max Weber, London, Routledge, 2016, 77-96. PLEASE QUOTE FROM PUBLISHED VERSION ONLY Addressing the Specificity of Social Concepts: Rickert, Weber, and the Dual Contrast Theory∗ Arnaud Dewalque, University of Liège One of the greatest sources of perplexity in Weberian studies centres upon the fact that Max Weber’s epistemological reflexions are located at the intersection between two competing paradigms. On the one side, they are tied to Johannes Von Kries’ theory of ‘objective possibilities’ and causal imputation.1 On the other, they developed under the much-debated influence of Heinrich Rickert’s theory of concept formation in the historical sciences.2 Now, these two paradigms seem initially hardly compatible with each other, since the first one is generally regarded as having a naturalistic orientation while the second is explicitly supported by an anti-naturalistic form of thought. Hence, the fact that Weber’s epistemological reflexions may be properly described as located ‘between Rickert and Von Kries’3 creates a puzzling situation: How are these two competing paradigms supposed to be combined into one single, coherent perspective, as appears to be the case in Weber’s early epistemological or methodological essays? Thus, it is not surprising that one recent, important question for investigation has been whether Weber’s methodology may be considered to have the character a consistent theory, and, if it does, whether such an integrative approach really is capable of illuminating the methodological procedures actually used in the social sciences – or, at least, some relevant aspects thereof. -
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. -
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. -
Lotze and the Early Cambridge Analytic Philosophy
LOTZE AND THE EARLY CAMBRIDGE ANALYTIC PHILOSOPHY ―This summer I‘ve read about a half of Lotze‘s Metaphysik. He is the most delectable, certainly, of all German writers—a pure genius.‖ William James, September 8, 1879.1 Summary Many historians of analytic philosophy consider the early philosophy of Moore, Russell and Wittgenstein as much more neo-Hegelian as once believed. At the same time, the authors who closely investigate Green, Bradley and Bosanquet find out that these have little in common with Hegel. The thesis advanced in this chapter is that what the British (ill-named) neo-Hegelians brought to the early analytic philosophers were, above all, some ideas of Lotze, not of Hegel. This is true regarding: (i) Lotze’s logical approach to practically all philosoph- ical problems; (ii) his treating of the concepts relation, structure (constructions) and order; (iii) the discussion of the concepts of states of affairs, multiple theory of judgment, general logical form; (iv) some common themes like panpsychism and contemplating the world sub specie aeternitatis. 1. LOTZE, NOT HEGEL, LIES AT THE BOTTOM OF CAMBRIDGE ANALYTIC PHILOSOPHY Conventional wisdom has it that the early philosophy of Moore and Russell was under the strong sway of the British ―neo-Hegelians‖. In the same time, however, those historians who investigate the British ―neo-Hegelians‖ of 1880–1920 in detail, turn attention to the fact that the latter are not necessarily connected with Hegel: William Sweet made this point in regard to 1 Perry (1935), ii, p. 16. Bosanquet,2 Geoffrey Thomas in regard to Green,3 and Peter Nicholson in regard to Bradley.4 Finally, Nicholas Griffin has shown that Russell from 1895–8, then an alleged neo-Hegelian, ―was very strongly influenced by Kant and hardly at all by Hegel‖.5 These facts are hardly surprising, if we keep in mind that the representatives of the school of T. -
Switching Gestalts on Gestalt Psychology: on the Relation Between Science and Philosophy
Switching Gestalts on Gestalt Psychology: On the Relation between Science and Philosophy Jordi Cat Indiana University The distinction between science and philosophy plays a central role in meth- odological, programmatic and institutional debates. Discussions of disciplin- ary identities typically focus on boundaries or else on genealogies, yielding models of demarcation and models of dynamics. Considerations of a disci- pline’s self-image, often based on history, often plays an important role in the values, projects and practices of its members. Recent focus on the dynamics of scientiªc change supplements Kuhnian neat model with a role for philoso- phy and yields a model of the evolution of philosophy of science. This view il- luminates important aspects of science and itself contributes to philosophy of science. This interactive model is general yet based on exclusive attention to physics. In this paper and two sequels, I focus on the human sciences and ar- gue that their role in the history of philosophy of science is just as important and it also involves a close involvement of the history of philosophy. The focus is on Gestalt psychology and it points to some lessons for philosophy of science. But, unlike the discussion of natural sciences, the discussion here brings out more complication than explication, and skews certain kinds of generaliza- tions. 1. How Do Science and Philosophy Relate to Each Other? a) As Nietzsche put it in the Genealogy of Morals: “Only that which has no history can be deªned.” This notion should make us wary of Heideggerian etymology, conceptual analysis and even Michael Friedman’s relativized, dialectical, post-Kuhnian Hegelianism alike. -
Husserl's Position Between Dilthey and the Windelband-Rickert School of Neo-Kantianism John E
Sacred Heart University DigitalCommons@SHU Philosophy, Theology and Religious Studies Faculty Philosophy, Theology and Religious Studies Publications 4-1988 Husserl's Position Between Dilthey and the Windelband-Rickert School of Neo-Kantianism John E. Jalbert Sacred Heart University Follow this and additional works at: http://digitalcommons.sacredheart.edu/rel_fac Part of the Philosophy of Mind Commons, and the Philosophy of Science Commons Recommended Citation Jalbert, John E. "Husserl's Position Between Dilthey and the Windelband-Rickert School of Neo-Kantianism." Journal of the History of Philosophy 26.2 (1988): 279-296. This Article is brought to you for free and open access by the Philosophy, Theology and Religious Studies at DigitalCommons@SHU. It has been accepted for inclusion in Philosophy, Theology and Religious Studies Faculty Publications by an authorized administrator of DigitalCommons@SHU. For more information, please contact [email protected]. +XVVHUO V3RVLWLRQ%HWZHHQ'LOWKH\DQGWKH:LQGHOEDQG5LFNHUW 6FKRRORI1HR.DQWLDQLVP John E. Jalbert Journal of the History of Philosophy, Volume 26, Number 2, April 1988, pp. 279-296 (Article) 3XEOLVKHGE\7KH-RKQV+RSNLQV8QLYHUVLW\3UHVV DOI: 10.1353/hph.1988.0045 For additional information about this article http://muse.jhu.edu/journals/hph/summary/v026/26.2jalbert.html Access provided by Sacred Heart University (5 Dec 2014 12:35 GMT) Husserl's Position Between Dilthey and the Windelband- Rickert School of Neo- Kanuamsm JOHN E. JALBERT THE CONTROVERSY AND DEBATE over the character of the relationship between the natural and human sciences (Natur- und Geisteswissenschaflen) became a central theme for philosophical reflection largely through the efforts of theo- rists such as Wilhelm Dilthey and the two principal representatives of the Baden School of Neo-Kantians, Wilhelm Windelband and Heinrich Rickert.~ These turn of the century theorists are major figures in this philosophical arena, but they are by no means the only participants in the effort to grapple with this issue. -
Wilhelm Windelband and the Problem of Relativism
Wilhelm Windelband and the problem of relativism Katherina Kinzel, University of Vienna [email protected] This is a preprint version. The final edit will appear in British Journal for the History of Philosophy. Abstract This paper analyses the shifts in Wilhelm Windelband’s ‘critical philosophy of values’ as it developed hand in hand with his understanding of relativism. The paper has two goals. On the one hand, by analysing the role that relativism played in his philosophical project, it seeks to contribute to a better understanding of Windelband's intellectual development in the context of historicism and Neo-Kantianism. On the other hand, by highlighting Windelband’s contribution to the understanding of relativism, it sheds light on an important episode in the history of that problem. The paper distinguishes between three phases in Windelband’s thinking and shows that his views about relativism changed in close connection with his conception of history. The early Windelband thought that historicism was compatible with absolute validity because he was firmly convinced of historical progress. The mature Windelband rejected progress as a means for justifying validity and put the problem of relativism into sharp relief. In response to the failure of his mature philosophy to fend off relativism, the later Windelband strengthened the role of history again. The paper concludes that Windelband’s significance lies not in his arguments against relativism, but rather in having furthered philosophical understanding of the problems at stake. Keywords Wilhelm Windelband; Relativism; Historicism; Psychologism; Neo-Kantianism 1. Introduction In late nineteenth- and early twentieth-century Imperial Germany, relativism was a recurring topic of debate. -
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 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,