Korsgaard Standpoint Practical Reason Dissertation 1981
Korsgaard Standpoint Practical Reason Dissertation 1981
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Korsgaard, Christine. 1981. The Standpoint of Practical Reason. Doctoral dissertation, Harvard
Graduate School of Arts and Sciences.
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THESTANDPOINT
OFPRACTICAL
REASON
A thesis presented
by
to
August, 1981
ACKNOWLEDGEMENTS
More people than I can possibly mention here have helped me with
their questions, comments,criticisms, and encouragementin the various
stages of this project's development. Myoriginal intention was to
write a thesis that covered the treatment of practical reason by
Aristotle as well as Kant, and a numberof people have read and helped
with parts of the thesis that was to have been as well as the one that
finally is. I would especially like to thank Hilary Putnamand
Amelie Rorty for commentson the Aristotle chapters. Someof the
ideas in Chapters Four and Five appeared in a much briefer form in a
paper entitled "Practical Reason and Rational Faith which was read
11
ii
encouragementhave been invaluable throughout. In the spring tenn of
myyear at Yale, Charlotte Brownand I spent long Friday afternoons
talking about Hume,Mill, Ross, and the foundations of ethics generally.
To those conversations I owemuchof what I say about these philosophers
in Chapter One and muchof the way in which I nowconceive that issue.
The Mrs. Giles Whiting Foundation provided me with a year of
support in 1978-1979for work on this thesis, for which I am deeply
grateful. The final draft was typed by June Kelley, Meredith Sedgwick,
and AnnWitkower, and proofread by Susan Purviance, and the vigilance
of all four has saved it from a great manyerrors. I would like to
thank myMother and Father, whose confidence and encouragementhas been
a source of support that I could always rely on.
Myadvisors, John Rawls and Martha Nussbaum,have contributed to
this project in very manyways. Martha Nussbaumhas given me extensive
and valuable written commentson large portions of what I have written.
I would especially like to express my thanks for her commentson the
teleology section of Chapter Two, which helped me greatly to clarify my
thinking about that topic. Of the very manyessential things that I
have learned about moral philosophy and about Kant from the teachings
and writings of John Rawls, there is one for which I am especially
grateful and from which I most aspire to benefit: an attitude, which
his work inspires, of respect for and a willingness to be instructed
by the tradition of moral philosophy.
Fromthe first beginnings of this project Timothy Gould has been
both its keenest critic and its most comprehendingsupporter. He has
taught me to believe that since philosophy is knowingwhat one is doing,
the presuppositions of a philosophical project are always as important
iii
as the assumptions behind a philosophical argument. For this, as well
as the careful reading and detailed criticism that every page of this
thesis has received from him, I would like to express mymost grateful
appreciation.
iv
Note on Citations
Citations of Kant's works are given in the text, using the following
abbreviations.
G Foundations of the Metaphysics of Morals, Beck
translation.
Cl Critique of Pure Reason, KempSmith.
C2 Critique of Practical Reason, Beck.
C3 Critique of Judgment, Bernard.
DV Doctrine of Virtue, Gregor.
DJ Metaphysical Elements of Justice, Ladd.
MM General Introduction to the Metaphysics of Morals,
Gregor. Page numberscited are from Gregor's
Doctrine of Virtue.
R Religion Within the Limits of ReasonAlone, Greene
and Hudson. In this \'Klrk, the translators have used
11
will II to transl ate 11Wi11e 11 and have indicated in
the text where an English word or phrase such as
11
will 11 , 11choice 11, "power of choice", etc., is used
to translate 11WillkUr Accordingly, in quotations
11
•
11
Willkur11 (omitting the umlaut} for the English
phrases as indicated.
ANTH Anthropology Froma Pragmatic Point of View, Gregor.
OH: Essay Title On History, edited by Beck.
OH:CBHH Conjuctural Beginning of HumanHistory 11 in On History.
11
Beck.
Theory and "On the ConmanSaying: 'This Maybe True in Theory,
Practice But it does not Apply in Practice, 111 Nisbet.
In citations of the Foundations, the Critique of Practical Reason, both
parts of the Metaphls,cs of Morals, the Anthropology, 0 on a Supposed
Right to Lie FromA truistic Motives," and the essays in On History, the
second page numbergiven is that of the Prussian Academyof Sciences
edition of Kant's works, as indicated by the translators. The Volume
references to the Academyedition are as follows:
V
G IV
C2 V
MM VI
ANTH VII
OH VII-VIII
SRTL VIII
Morecomplete infonnat1on is supplied in the Bibliography.
vi
TABLE
OFCONTENTS
Acknowledgements. . . . . . . . • • • . . . . • . . . . . . . . . . ii
Note on Citations ...........•.........•.... v
Chapter One: Introduction: The Objectivity of Ethics ........ 1
I. The Objectivity of Ethics. . . . • . . ........ 1
II. Attempts at a Theoretical Foundation .... 7
III. The Idea of a Practical Foundation. . ..•.... 16
IV. Kant on Practi ca1 Reason . . . . . . . . . . 23
Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
vii
Chapter Seven: Conclusion: Autonomy....•••••..•.•• 278
Notes . . • . • . . . • . . . • . . • • • • . 302
Bibliography. . . . . . . . . . . . . . . . . . . . . . . 303
viii
... are we to say that absolutely and in truth the
good is the object of wish, but for each person the
apparent good; that that which is in truth an object
of wish is an object of wish to the good man, while
any chance thing may be so to the bad man,... since
the good man judges each class of things rightly, and
in each the truth appears to him? For each state of
character has its own ideas of the noble and the
pleasant, and perhaps the good man differs from
others most by seeing the truth in each class of things,
being as it were the norm and measure of them.
Aristotle
of view. In the second case, the practical question is posed with the
standards of theoretical intelligibility in mind in the form of the
question 11Whyshould I be moral?11 , where that is a request for some
reason outside of morality, and accessible from the standpoint of theory,
for entering into the moral realm. This is generally understood as a
question about the availability of self-interested reasons for being
moral, and this is precisely because we think of reasons springing from
self-interest as perspicuous from the standpoint of theoretical reason.
This in turn is because we think of self-interest as a well-known psycho-
logical feature of humanbeings, and because we are tempted to think of
self-interested reasoning as causal reasoning with respect to a given
end. (This sense of the theoretical pespicuousness of self-interested
practical reasons may itself be a sort of illusion and can certainly be
challenged - but that is not to the purpose here. Illusory or not, the
sense exists and has a great deal to do with the way the objectivity
problem presents itself to us.) It will perhaps seem paradoxical to say
that the search for a metaphysical or epistemological basis for ethics
is undertaken from a practical point of view and the search for a motive
for being moral is undertaken from a theoretical point of view. But the
idea is that the metaphysical and epistemological project is conjoined
with the demandthat the answer be one appropriate to practical ethical
commitment,and the motivational project is conjoined with the demand
that the motive be one intelligible from a theoretically-psychological
point of view. Either way, the aim is to produce a better 11
fit 11
between
these two perspectives from which we can view our own ethical interests
and actions.
In the next section I try to explain why the attempt to support
ethics by producing a 11fit 11
between the theoretical and practical
7
perspectives cannot work. The point of founding ethics on practical
reason is to prevent this need from arising: ethical principles do not
require any sort of theoretical support, because they have their own
justification in an employmentof reason that is purely practical. The
standpoints of theory and of practice are hannonized in quite a different
way: not by finding an account of ethics that is at once theoretically
creditable and practically sustaining, but by showing that the principles
that govern theoretical understanding and the principles that govern
practical choice and decision share a commonground in reason. Ethics
does not require a support perspicuous from the standpoint of theoreti-
cal reason, for the standpoint of practical reason is grounded directly
in reason itself.
In all of these various ways, the good or the right is made an ob-
ject of knowledge - of theoretical reason - and having established that
the good or the right, once properly understood, can be ascertained by
some normal epistemic procedure or - as in intuitionism - by something
sufficiently analogous to a normal epistemic procedure to make us feel
at ease, the philosopher feels that theory has done its job in providing
a theoretical account of ethics that will sustain our commitmentto
ethical practice. Of course, we may have added something to our ontology
or perhaps a new faculty of discernment to our theory of epistemological
psychology; and our willingness to do this must after all hark back to
our sense of what would be necessary to support our practical commit-
ments. And then one might begin to wonder why, if our practical conunit-
ments can sustain demandsmade upon our ontological or epistemological
theories, they seem not to be able to sustain themselves. I will come
back to this point. The issue now is whether making the good or the
right an object of knowledge has given the ethical life the support that
we sought for it at all.
Having established that the distinction between good and evil is
well-grounded in the nature of things, have we thereby established a
reason or a motive for giving our allegiance to the good? Thoughwe may
be asked in the name of that allegiance to sacrifice our heart's desire,
our whole happiness, even our lives? Is it to be automatically supposed
that no matter what goodness or rightness turn out to be, they are wor-
thy of such a commitmentso long as they can be identified objectively?
10
objectivity must be sought in the realm of theory, and that ethics must
therefore be supported from outside. But the notion that objectivity
belongs especially to the realm of theory is in turn based on the idea
that only the realm of theory is governed and regulated by the rational
standards that make objectivity both possible and important to us. If
pure reason can be practical, that is just false: there will be objec-
tive standards that apply directly to, and can govern, action and choice.
A foundation in practical reason obviates the need to take up a theoreti-
cal perspective with respect to our ownethical interests and moral
commitmentsin order to justify or understand or explain them. The
account of ethics remains resolutely within the realm of the practical.
Once it is shown how practical reason generates its own standards and
its own object (the good), we need not go rummagingaround in the realms
of theory in search of objects or properties or motives to support ethi-
cal concepts. Weneed not provide any theoretical proofs that something
is right or good: it is rather to practical reason that we appeal to
settle such questions. Practical reason is put forth as a separate
source of reason and "argument" and justification, whose special domain
is ethics itself. There is and needs to be no extraneous motive for
acknowledging this source of reasons; it has the same power to justify
that theoretical reason does to explain. Morality or Ethics is reason
brought directly to life in humanaction, and it can be accounted for
only in its own terms.
produced a view of the sort that I have been describing: that he sought
for, and thought he had found, a principle of pure practical reason that
could govern action and choice. And if his principle is one of pure
practical reason and can in a substantive way govern action and choice,
then he has solved the problem of objectivity. If Kant's view - or at
least, Kant's approach to the problem of objectivity - has not found
complete acceptance amonghis readers, I believe that it is for two
reasons. One is that they have failed to see how this principle could
really give substantive direction to choice and action, 15 and the other
is that they have failed to see what the claim that it is a principle of
reason really comes to. 16 These complaints have been related in the fol-
lowing way: it is thought that if it is a principle of reason it must
be in some sense formal and if it is "merely" formal it cannot possibly
guide choice and action. Kant addresses both of these issues in his
ethical writings, and addresses them in a way that is both substantial
and direct. Certainly, it has not always been clear to his readers when
he is doing so, but these blindnesses in the critical reception of Kant
are not to be attributed entirely either to his difficult methods of
presentation or to his critics' impoverished reading habits. The prob-
lem in the reception of Kant's ethics is a deeper one, lying in our at-
tachment to a view of reason in general that we have inherited from the
empiricist tradition. On this view reason cannot be practical - the
idea just makes no sense, leaves us blank. Kant's view cannot be compre-
hensible, much less convincing, unless the spell of this inherited view
of reason - not the sense of its truth, but the sense of its inevit-
ability - can be broken. This is why anyone who now attempts to present
Kant's arguments for the rational status of the categorical imperative
must directly address this empiricist challenge.
20
is so, actions are open to complete justification, all the way down.
They are not rooted in arbitrary features of our psychology that we can
only hope we will think well of. Objective rational standards apply to
what we do and what we take as our ultimate aims and ends. It is to
these standards that we would look for an account of important concepts
of ethics.
What the Hwneanchallenge makes so clear is this: the task of show-
ing that pure reason can be practical is the task of showing that reason
by itself can govern actions and set ends. And to accomplish this task,
what is needed will be nothing short of a completely worked out idea of
what reason, in both its theoretical and practical employments, is and
does. A practical foundation for ethics depends upon a general theory
of reason. This is what we find in Kant.
to proceed? Views about what reason is and does are of the most funda-
mental kind in philosophy: they are the souls of philosophical eras,
traditions, and movements, endowing them with such individual identity
or separateness as they admit of. One cannot prove that a given princi-
ple is a fundamental principle of reason: one can only hope to produce
in one's audience some recognition and acknowledgementof the reasonable-
ness, necessity, or rationally compelling character of what the principle
says.
Wewould have an orderly way to proceed if we had at the start some
clear, detailed, conception of reason in general - of what it is, and of
why it plays the role in the establishment of objectivity and the genera-
tion of conviction that it does. (It cannot be an accident that the
first modern philosopher to make an explicit project of this was the
first modern philosopher to see the possibility of a practical founda-
tion for ethics.) In the absence of such a developed conception, we
must take another way: we can try to pick out those features of recog-
nized rational principles in virtue of which we acknowledge them to be
such and in virtue of which we allow them to play the role of reason in
our lives. And we can show that the principles claimed to be those of
practical reason share those same features. The route followed here is
a comparison of the purported practical principles with those of theore-
tical reason, since we start by supposing that we are more confident of
those. If the practical principles have the features that we find com-
pelling in the theoretical ones, then we may come to believe that they
claim the same allegiance. And the very task of comparing the two kinds
of principles and isolating these features may enable us to arrive at
that more general conception of reason - the reason that is behind both
theory and practice - that we lack at the start. This is what Kant felt
25
NOTES
1. G.E. Moore, Principia Ethica. That the good must be a simple pro-
perty is argued in the first chapter; the denial that that property
is a "natural" one is based on the denial that by "good" we could
mean any natural property. Fromthis it is supposed to follow, as
the argument is usually read, that the assertion that any natural
thing or property is good is always a substantive, synthetic, claim.
I am unfair about the faculty of intuition; what Mooresays is that
we are left by his analysis of the subject matter of ethics with
"the hope of determining one another's intellect" and that various
intuitions about what is good are to be "submitted to our verdict"
(p. 77}. It is not, I think, quite clear how this verdict is to
be given. Moore seems more interested in heading off errors and
confusions we are inclined to get into when we try to give it than
in setting forth any method. The path taken by Moore's argument
with respect to Kant is exceedingly curious: because "good" must
be a simple property, we cannot say what we mean by it; because we
cannot say what we mean by it, we cannot say that what we mean by it
is what can be rationally willed. At most, seeing what can be
rationally willed might be taken to be a reliable way of spotting
which things are good - but in order to decide that, we would first
have to get up a reliable list of things that are good and then see
howregularly this list coincided with what can be rationally willed.
So we must knowthe good before we can knowwhether rational willing
is a reliable way of finding out what is good. The odd thing is that
this argument could be used about any proposed method of finding out
what is good - and so the non-natural property view El. itself cuts
off epistemic access to the good. This is what makes it so hard to
see how, on Moore's view, we could give~ verdict about what is
good (see especially pp. 131-138).
2. Again I am unfair: it is only the truths about what is prima facie
right that are self-evident. Thus Ross:
That an act,~ fulfilling a promise, or .9!I!, effecting a just
distribution of good, or~ returning services rendered, or
.9.!:@.promoting the good of others, or~ promoting the virtue
or insight of the agent, is prima facie right, is self-evident;
not in the sense that it is evident from the beginning of our
lives, or as soon as we attend to the proposition for the first
time, but in the sense that whenwe have reached sufficient
mental maturity and have given sufficient attention to the pro-
position it is evident without any need of proof, or of evidence
beyond itself. It is self-evident just as a mathematical axiom,
or the validity of a form of inference, is evident. The moral
order expressed in these propositions is just as much part of
the fundamental nature of the universe (and, we may add, of any
possible universe in which there were moral agents at all) as is
the spacial or numerical structure expressed in the axioms of
geometry or arithmetic. In our confidence that these proposi-
tions are true there is involved the same trust in our reason
29
14. This is clear in Mill: because the natural feelings support the
utilitarian conscience, the utilitarian is not sorry to have this
conscience, even though it is wholly acquired.
It does not present itself to their minds as a superstition
of education, or a law despotically imposed by the power of
society, but as an attribute which it would not be well for
them to be without. This conviction is the ultimate sanction
of the greatest happiness morality. This it is which makes
any mind of well-developed feelings, work with, and not
against, the outward motives to care for others •...
(Utilitarianism, Chapter III, p. 287 in Warnock)
15. As in the famous passage from Mill discussed in Chapter two, p. 43.
16. See the opening section of Onora Nell's Acting on Principle for a
discussion. She has christened the two issues I mention fertility
and formality; she discusses there the appeal and the purported
difficulty of combining them.
17. David Hume,Treatise of HumanNature, Book II, Part III, Section
III. pp. 413-418 in Selby-Bigge.
18. Hume,Treatise, p. 415.
19. Hume,Treatise, p. 416.
20. Only the success of this thesis can prove that the formulations in
tenns of Humanityas an End in Itself, and Autonomyin the
Kingdomof Ends have a more important role than bringing the
formula closer to intuition, if that is taken, as usual, to mean
ordinary moral intuition. It is an odd thing for Kant to say, for
the analysis of ordinary rational knowledgeof morality led him
most immediately to the universal law formulation, which more or
less appears in section one. (G 18/402) As an example of the
attitude that sometimes finds its justification in this unfortu-
nate remark of Kant's, I offer the following passage from A.R.C.
Duncan's book with the promising title Practical Reason and
Morality.
Analyzing this motive, Kant finds that it may be expressed in
a formula of universality of the maxim..•.
Having reached the principle of morality in this sense,
Kant's next step is to connect this analysis with the idea
of practical reason ....
If Kant had at once gone on to deal with that problem,
instead of postponing it to Section III, muchmisunderstanding
of his argument might have been avoided.••• Unfortunately at
that point he interpolates a lengthy passage in which he sug-
gests three new fonnulae for the categorical imperative. As
we shall see, this passage does not advance the main argument
and is open to serious misinterpretation. Eventually, however,
after introducing the concept of the autonomyof the will to-
wards the end of Section II, Kant returns in section III to
his main critical theme. (pp. 52-53)
I do not think that this could possibly be more wrong, and that is
33
what I hope to show. The Duncanexample is a good one because he
is actually writing about Kant. It is needless to say that most
writers on ethics who have treated Kant as an example of one kind
of view have supposed that the connection with rationality rested
entirely on the universality fonnulae. As an arbitrarily selected
example, here's Frankena: "AndKant and Hare take some such view
of the principle of justice, holding that the place of reason, in
ethics at least, is an insistence that we universalize our maxims."
(p. 203 of Pers ectives on Moralit, in 11Sidgwick and the Dualism
of Practical Reason'. This is quite typical.
Chapter 2
Universal Law
34
35
being - would have to be like, if there were one. This means that each
of these arguments should focus our attention on some important feature
of principles of reason, somecharacteristic they have to have. A law
of reason, according to Kant, must be universal, unconditional, and
autonomous. The arguments leading to the three formulations are meant
to establish that the categorical imperative has these three character-
istics, and so that it is the law of practical reason, if there is one.
Mytask here is to describe these arguments, and show howKant uses
them to establish that the law of practical reason would be the cate-
gorical imperative.
In this chapter and the next two, I am concerned with the idea of
universal law. Because Kant himself said that "it is better in moral
evaluation to follow the rigorous method and to make the universal
fonnula of the categorical imperative the basis" (G 55/436), the
formulations involving universal law have received the most attention
from commentators, who have naturally been interested in the use of the
categorical imperative in guiding concrete moral decision. In this
chapter, I will consider someof the more commoninterpretations and
criticisms of the use of the universal law formulations in the identifi-
cation of duties. In Chapter Three, I describe and defend the interpre-
tation of the universal law formulations which I think correct. In
Chapter Four, I consider someof the ramifications, in light of the
interpretation I defend, of Kant's idea that in order for an agent to
detennine whether his maximcould be willed as a universal law, he
should consider whether he would be able to will it as a law of nature.
Whenthese arguments are in place it should be possible to see why it is
rational to act only on maximsthat can be willed as universal laws.
36
It has been argued that the idea of "doing duty for the sake of
duty 11 cannot possibly have, by itself, any content. This argument shows
up before Kant, in Hume's Treatise of HumanNature; 3 and after Kant,
4
indeed, as a criticism of Kant, in Ross's The Right and The Good.
In both cases the argument is in essence this: until you knowwhat
your duty is, you cannot set about doing it for its own sake, and the
commandthat you do your duty for its own sake does not seemto tell you
what to do. Humesays that it is a circle, and Ross, that it is an in-
finite regress, to claim that such a commandtells us what to do. Now
it is worth pointing out that - to put it in Kantian language - if a
maximhad only a matter and not also a fonn, this would be true. A
maximis a subjective principle for the will, the principle upon which
the agent acts. The matter of a maximis very closely related to
its purpose, for the maximgives the purposive structure of the action -
its relation to its purpose. If maximshad only matter, the only way
to pick out which ones were done from duty would be by providing, in
advance of the selection, some criterion for judging the morality of
the matter of a maxim, and such a criterion would necessarily be a sub-
stantive one, requiring independent justification of some kind. One
might, for instance, simply provide a list of duties (known by intuition,
revelation, or what have you) or a list of morally good purposes. A
difficulty with this, which I think Kant is at some pains to make clear
in his examples, is that there is almost no purpose which might not be
adopted for either moral or non-moral reasons. Wecannot illuminate the
feature of actions and choices which especially constitutes their moral
worth by providing a list of purposes of which any one might be adopted
either for moral or completely non-moral reasons.
38
Thus the moral worth of an action does not lie in the effect
which is expected from it or in any principle of action which
has to borrow its motive from this expected effect. For all
these effects (agreeableness of my own condition, indeed even
the promotion of the happiness of others} could be brought
about through other causes and would not require the will of
a rational being, while the highest and unconditional good
can be found only in such a will. (G 17/401)
In order to understand this correctly the first requisite is to see that
Kant distinguishes the motive of an action from its purpose. The pur-
pose lies in the matter of the maxim, but the maximof the action may
be adopted either because of its form or because of its matter (because
of the purpose). But in either case anyone who adopts the maximcer-
tainly adopts its purpose.
Take the notorious benevolence example. One person helps another
because, being sympathetic, she 11find[s] an inner satisfaction in
spreading joy, and rejoice[s] in the contentment of others 11 (G 14/398}
which she has made possible. Another person helps others because it
is a duty. Nowit is sometimes supposed that Kant is claiming that
the benevolent person s purpose is only to please herself (the benevo-
1
helping others. Kant agrees with the view that this is the very opposite
of being selfish; he describes this person as being devoid of vanity
and selfishness. (G 14/398) The dutiful person, on the other hand,
adopts this maximbecause of its form. He may not be doing what he
likes, but he could not will a world in which no one has this maxim,
and so he does his part. But in adopting the maxim, he adopts its pur-
pose. And this purpose is not a means to the end of doing duty, but an
end which it is a duty to have. The two people differ, not in their
purpose, which is the same, but in their motive, which is quite differ-
ent.5 This is precisely why the distinguishing feature of a good will
cannot be given in terms of purposes, or indeed in terms of the matter
of maximsat all. It must, then, be given in tenns of their fonn.
Since duty is law, that fonn is the form of law, which is universality:
Since I have robbed the will of all impulses which could
come to it from obedience to any law, nothing remains to
serve as a principle of the will except universal conformity
of its action to law as such. That is, I should never act
in such a way that I could not also will that mymaximshould
be a universal law. (G 18/402)6
Chapter 6.)
I think that it is fairly clear what has gone wrong here. There
is a class of actions for which a logical contradiction interpretation
works very well. These are actions that are in some way conventional
or institutional in their very nature - actions associated with what
Rawls ca 11s "practices. 1116 Promising, fol lowing the rules associated
with conventions of property (e.g. not stealing), and refraining from
various forms of cheating, are examples of duties that seem to be easily
established by the logical contradiction approach because they are
associated with practices. This is because practices have fairly
definite functions and are associated with definite rules, and - impor-
tantly - are more or less defined in terms of those rules. Rawls says:
•.. the rules of practices are logically prior to particular
cases. This is so because there cannot be a particular
case of an action falling under a rule of a practice unless
there is the practice •... Wemay think of the rules of a
practice as defining offices, moves, and offenses. Now
what is meant by saying that the practice is logically
prior to particular cases is this: Given any rule which
specifies a form of action (a move), a particular action
which would be taken as falling under this rule given that
there is this practice would not be described as that sort
of action unless there was the practice. In tne case of
actions specified by practices it is logically impossible
to perfonn them outside the stage-setting provided by those
practices, for unless there is the practice, and unless
the requisite properties are fulfilled, whatever one does,
whatever movementsone makes, will fail fOcount as a form
of action which the practices specifies. 7
If one wants to do an action which a certain practice speci-
fies then there is no way to do it except to follow the rules
which define it. Therefore, it doesn t make sense for a per-
1
and this, says Hegel, shows that Kant was assuming the system of
property and was arguing that if everyone kept what belongs to
others then there would be no system of property. The interesting
question, Hegel goes on, just is why there should be property,
and about this Kant says nothing. In his Hegelian Ethics Professor
W.H.Walsh applies this objection to Kant's discussion of lying
promises and says that if everyone made lying promises no promises
would be made, but that it does not follow that a world without
promises would be morally inferior to the existing world. All
that Kant shows, therefore, is that it is impossible to retain the
institution of promising §nd at the same always [sic] go against
what is essential to it.1
Acton's own response to the difficulty is to argue that a world without
promises would indeed be worse, both morally worse and worse off, than
one with them. This has the tendency to push Kant back to the Terrible
Consequencesview. Later, discussing the fourth example, Acton reads
Kant's argument against the maximof not helping anyone as saying that
the universalization of that maxim"leads to self-contradiction, or
would result in forms of society which are more or less unacceptable to
thinking and feeling humanbeings." 20
But there is no need for this, for the objection is not to the
point at all. On the theoretical contradiction interpretation, the
contradiction lies not in envisioning a society without deposits and
promises, but in envisioning a society in which people both are and are
not making deposits and promises. It is a result of universalizing the
maximthat no promises are made, but it is also a result of the univer-
salization of the maximthat everyone holds this maxim,and therefore
in certain situations is making (or trying to make) false promises. On
the practical contradiction interpretation - which in the case of the
practices is very close to the theoretical contradiction interpretation -
the answer to this objection can be given more directly. The person
whotries to will the universalization of this maximis not only willing
49
causa1, but tel eol ogical. 1129 Paton thinks that this is appropriate
to the case,
... for it is a maximof action, and action as such (quite
apart from any moral considerations) is essentially purposive.
Furthermore, we are asked to conceive it primarily as a law
of humannature, even if we are setting it against the back-
ground of nature as a whole; and humannature must be re-
garded as essentially purposive. All this was apparently
so much taken for granted by Kant that he fails
explicitly, and so tends to mislead his readers.
J8
state it
Paton believes that "the test or criterion, but not the essence 1131of
moral action is therefore to be given in terms of a systematic harmony
of purposes both for the species and within the individual. Weare to
test maximsby asking whether 11a will which aimed at a systematic
harmonyof purposes in humannature could consistently will this parti-
cular maximas a law of humannature. 1132
There are a numberof difficulties with Paton's argument here. One,
trivial but still perhaps worth mentioning, concerns one of the bases of
Paton's argument, given in the passage quoted above. It is certainly
true that we are supposed to conceive our universalized maximsas laws
of humannature. Kant says, for example, that we are to imagine the
maxim"implanted in us as by a natural instinct." (G 41/423) But the
fact that we are considering laws of humannature and supposing those
laws to govern humanaction does not necessarily imply that we are con-
sidering teleological laws; Paton is wrong to draw any conclusions from
59
merely that the same cause can produce different effects, but that a
purposive arrangement was clearly not the best possible arrangement to
do the job in question. 34 Self-love would not be the best adapted
instinct for the individual's preservation if it often led to the in-
dividual's demise. Thus the principle of teleological judgment would
be contradicted by the proposed law.
Nowan immediate difficulty with this reading is that the suicide
himself is not supposed to be able to will the teleological system based
on the universalization of his maxim. It is important to rememberthat
the general formulation of the categorical imperative, not just the
second test, is given in terms of what we are able to will. Nowof
course it will be said that the suicide certainly cannot will the teleo-
logical system resulting from the universalization of his maxim, since,
gua teleological system, it has a contradiction in it. But this is a
curiously abstract way to make a case against suicide. The contradic-
tion in the teleological system is, after all, that a mechanismdesigned
for the protection of life is malfunctioning. But the suicide wants
to die. He doesn't want this mechanismto function well in his own
case. Thus if the suicide cannot will the teleological system in ques-
tion because of the contradiction in it, we must simply regard him as
rationally committed to the idea of a well-functioning teleological sys-
tem. His own purposes do not come into it at all. Thus it is like
telling someonethat they must not commit suicide because suicide
(supposing we could prove it) implies a round square. In the promising
case we do not have this odd sense of abstractness, for the man who is
unable to will the universalization the maximof false does have a stake
in the well-functioning of promising - he wants to make a promise. The
62
last thing in the world the suicide has a stake in is the well function-
ing of the self-preservation instincts. Onemay continue to insist on
believing that in the case of the first test Kant's only point is that
one cannot will a contradictory object. But there are reasons, some
already discussed, not to do that. There are reasons to think that
the agent's own purposes must play a role.
For instance, unless the agent's ownpurposes play a role you
can get the sort of difficulty that Acton described: the Hegelian
criticism that the disappearance of certain practices from the scene is
not obviously any sort of contradiction. Acton was quoting Bradley,
and Bradley, of course, was working with the theoretical contradiction
idea, but we find even Paton running into this difficulty. Paton reads
the teleological interpretation into the promising case by suggesting
that the purpose of promises is to produce trust and so get out of
financial difficulties; 35 false promises do not produce trust and there-
poses for natural acts or the use of natural devices such as instincts
and organs is that these purposes may have nothing to do with what the
agent wants or indeed with what any humanbeing wants.
teleological laws are not being used as models for moral laws. Thus,
there are two kinds of teleological reference: in explaining the two
duties to oneself in the Foundations in terms of the Formula of the
Lawof Nature; and in explaining whycertain kinds of behavior involve
a failure to treat oneself as an end in the presentations in the
Metaphysics of Morals.
Nowin order to understand the proper place of teleological consi-
derations in the ethical writings correctly, we must turn our attention
to the initial teleological argument in the Foundations. That argument
appears almost at the very beginning of the book - immediately after
the unique status of the good will as the one unconditionally good
thing in the world or even beyond it has been declared. I am going to
quote it at length:
But there is something so strange in this idea of the abso-
lute worth of the will alone, in which no account is taken of
any use, that, notwithstanding the agreement even of common
sense, the suspicion must arise that perhaps only high-flown
fancy is its hidden basis, and that we may have misunderstood
the purpose of nature in its appointment of reason~ the ruler
of our will. Weshall therefore examine this idea from this
point of view.
In the natural constitution of an organized being, i.e.,
one suitably adapted to life, we assume as an axiom that no
organ will be found for any purpose which is not the fittest
and best adapted to that purpose. Nowif its preservation,
its welfare - in a word, its happiness - were the real end of
nature in a being having reason and will, then nature would
have hit upon a very poor arrangement in appointing the reason
of the creature to be the executor of this purpose. For all
the actions which the creature has to perform with this inten-
tion, and the entire rule of its conduct, would be dictated
muchmore exactly by instinct, and that end would be far more
certainly attained by instinct than it ever could be by
reason. And if, over and above this, reason should have been
granted to the favored creature, it would have served only to
let it contemplate the happy constitution of its nature, to
admire it, to rejoice in it, and to be grateful for it to
its beneficent cause. But reason would not have been given
in order that the being should subject its faculty of desire
to that weak and delusive guidance and to meddle with the
purpose of nature. l!!..! word, nature would have taken care
73
that reason did not break forth into practical use nor have
tlie'"""presumpt1on,~thl"'ts weak ins,ght, to thinkout for
itself the plan of happiness and the means of attaining it.
Nature would have taken~ not only the choice of ends but
also that of means, and with wise foresight she would have
entrusted both to instinct alone. (G 10-11/394-395; my em-
phases) ---
Kant goes on from here to conclude that the function of reason must be
to produce a will good in itself, not as the sole and complete good
but as the condition of all other goods. (G 11-12/395-396)
It is of the first importance to understand the very clear contrast
that Kant is pointing out to us in this passage. Actions - the choice
of ends and the employmentof means - might have been entirely deter-
mined by instinct. In that case, nature would have chosen for us both
ends and means - just as nature teaches the other animals both to want
an appropriate dwelling place and howto build one. Instead, we have
been provided with a will governed by reason in its practical employment:
we choose both ends and means for ourselves, using reason. Kant even
fantasizes that nature might have given us a theoretical reason without
a practical use; then at most, reason would enable us to admire our own
instinctual constitution and perhaps to be grateful for it. 41 But this
is not the case: we have been given practical reason to govern our
choices of means and ends, and it takes the place of instinct.
I do not mean that Kant views usas having practical reason in
place of instincts, as if we did not have any instincts. Kant speaks,
for instance, of
... the commonrun of menwhoare better guided by mere natural
instinct and who do not permit their reason muchinfluence on
their conduct. (G 12/396)
These people may be envied by those who have tried to seek happiness
through a cultivated reason and become11misologists 11
• And I of course
74
do not mean to deny that Kant agrees that we have instincts such as self-
preservation and the sexual instincts. Yet Kant thinks that we are not
instinctual in an extremely important sense - we are not under the con-
trol of our instincts. If we follow them, we follow them deliberately;
we allow them control - notice the "do not permit" in the passage above,
which Kant uses advisedly. Andsomeof our instincts, such as those of
self-preservation or sex, are certainly the sort of thing that, when
nature is viewed teleologically, are supposed to have natural purposes.
But it would be odd to suppose that morality could be understood in
general in terms of not contradicting these natural purposes, for it
would be odd to suppose that nature had released us from the control of
instinct and placed us under the governmentof practical reason merely
so that we could return to the control of our instincts voluntarily.
The idea of the developmentof the good will as a purpose of nature
reappears in two important contexts, as I have already mentioned. The
first is in the Critique of Judgment, where the argument goes like this.
Whenwe conceive nature as a teleological system - not just as something
pervaded with arrangements that seem intelligently designed for various
purposes, but something systematically ordered with everything for the
sake of something else - then we must suppose it to have a final purpose.
Nowin the Critique of JudgmentKant makes it clear that whenwe conceive
nature in this fully teleological way, as a system ordered to a final
purpose, that final purpose must be humanity as the subject of morality,
as the unconditioned end in itself:
... man is the final purpose of creation, since without him
the chain of mutually subordinated purposes would not be com-
plete as regards its ground. Only in man, and only in him as
subject of morality, do we meet with unconditioned legislation
in respect of purposes, which therefore alone renders him
75
the one for man as an animal, the other for him as a moral
species. (OH:CBHH 6l-62n/ll6n}
The conclusion to the passage, in the regular text, is important and
revealing:
The real trouble is that, on the one hand, culture progres-
sively interferes with its [natural im~ulse's] natural func-
tion, by altering the conditions to which it was suited; while
on the other hand, natural impulse interferes with culture
until such time as finally art will be strong and perfect
enough to becomea second nature. This indeed is the ultimate
moral end of the humanspecies. (OH:CBHH 62-63/117)
At the very least these passages should serve to establish the complexity
of Kant's views about the "natural purposes" that are associated with
instincts. Thoughwe would be happier under instinctual control and the
guidance of nature's purposes, a return to such guidance is not being
advocated. Indeed, it is said to be impossible. Ours is another task.
Andour natural purpose as a moral species can come into clear conflict
with the natural purposes associated with our animal nature and in-
stincts. The prohibitions against suicide and carnal self-defilement
in the Doctrine of Virtue are classified as "duties to oneself as an
animal (natural) and at the same time moral being. 11
(DV82/420) It
is clearly stated that it is the preservation of the individual and the
species~ the bearers of morality, this other natural purpose, that is
at stake. Rememberthe argument against suicide: suicide is "rooting
out the existence of morality itself from the world." The appeal to
natural purposes cannot be straightforwardly: nature's purposes for us
are such-and-such, and so that is what we must do; or nature's purpose
for this instinct is such-and-such, and so that is howwe must use it.
To live according to nature's purposes in that sense is to live accor-
ding to instinct - but we have been given practical reason, because we
have a special task, quite different from living according to instinct.
77
Wehave been released from the control of our instincts. This release
makes it possible for us to use our instincts in ways that animals
cannot; 42 and indeed to 11abuse11 them, but it is in cases where this in-
terferes with nature's other purpose for us - the existence of morality
and freedom in the world - that the violation occurs. And it is also
this other purpose of nature, in the form of the freedom to set ends,
that is associated with the cultivation of talents in the teleological
history writings. In these cases it is our "natural purpose" as the
moral species that is at stake, and the natural purposes that apply to
us as an animal species are appealed to only whenthe existence of
morality seems to depend upon them. This is the teleological argument
that informs Kant's ethical writings.
Nowsince an object can be chosen for the sake of its appeal to desire
either under the guidance of the free rational will or under the guidance
of instinct, it follows that it is instinct, not passion or desire,
that is the alternative to practical reason. Choosing the thing you
79
most desire can happen either way: the real question is whether you
are so constituted by nature that you do this automatically.
A further consequence of the fact that Kant sets up the alternative
accounts of practice in terms of reason and instinct rather than in
tenns of reason and desire or passion is important. On the usual view,
according to which the issue is about reason and desire as the detenni-
nants of ends, it is more or less taken for granted that the means are
determined by reason: the question is entirely about the status of
ends. One can believe that the means can be determined by reason even
if one does not believe in practical reason, it is supposed, because
this is purely a matter of applied theoretical reason, of technique.
One simply observes cause-and-effect laws and puts them to work. Now
this is false already, in one sense. This sense is implied by Kant's
fantasy, in the teleological argument in the Foundations, about the
creature who has only theoretical reason admiring its purposive in-
stincts: nature takes over the choice both of ends and of means. In
fact, if we are to imagine a being whocan select even the means to
preordained ends, we must credit this being with a certain psychological
capacity: the capacity to transmit motivational energy from end to
means. Kant's principle that whoeverwills the ends wills the necessary
means is analytic, but only analytic of a being who has a will, as is
shownby the way Kant proves that principle. In an animal that is com-
pletely under the domination of instinct (like an insect), we must ima-
gine that motivational responses follow only absolutely preordained
paths: the creature's condition stimulates an end which stimulates a
certain means taken so automatically, so directly, that its behavior
could be described without reference to an end at all. But where the
80
means are selected with the aid of reason, and of course alternative
strategies are available, we must imagine that the creature is able
to transmit motivational energy along any paths which are or seem to
be laid downby reason. If we change Kant's fantasy and the creature
who has only theoretical reason were not designed by a beneficent nature,
we could almost imagine it having an end and perceiving a means to that
end better than the one instinct taught it to take: it would still take
the path charted for it by instinct, for it could not be motivated to
take any other - its motives are rigidly channeled.
Once we recognize this - once we see that in order to determine
even means by reason a creature must be able to channel motivational
energy along paths laid downby rational calculation - we can see our
way clear to the beginning of an account of howit is we cometo adopt
different ends under the influence of reason. There is no need for us
to go to the labor of constructing this account, for Kant has provided
it for us. I am going to quote a long passage taken from Conjectural
Beginning of HumanHistory where it appears.
In the beginning, the novice must have been guided by in-
stinct alone, that voice of Godwhich is obeyed by all animals.
This permitted some things to be used for nourishment, while
forbidding others (Genesis 3:2,3). Here it is not necessary
to assume a special instinct which is nowlost. It could
simply have been the sense of smell, plus its affinity with
the organ of taste and the well-known relation of the latter
to the organs of digestion; in short an ability, perceivable
even now, to sense, prior to the consumption of a certain
foodstuff, whether or not it is fit for consumption.
... So long as inexperienced man obeyed this call of nature
all was well with him. But soon reason began to stir. A
sense different from that to which instinct was tied - the
sense, say, of sight - presented other food than that normal-
ly consumedas similar to it; and reason, instituting a com-
parison, sought to enlarge its knowledgeof foodstuffs beyond
the bounds of instinctual knowledge(3:6). This experiment
might, with good luck, have ended well, even though instinct
81
really,on what we might cometo desire - for its own sake: thus out of
this, we eventually develop the specifically humancapacity to choose
a "wayof life".
Wemight describe this by saying that libido unchained from the
rigid paths laid downby instinct can cathect anything with which the
original object can be associated rationally. Perhaps it will seem
inappropriate to use Freudian terms to describe Kant's views, but on the
page following the long passage I have quoted, Kant goes on to describe
howthe capacity for passions such as romantic love and the sense of the
beautiful arise from repressions (refusals) of the sexual instincts. To
me it seems Freud's and Kant's views on the nature of the specifically
humanare very close: both emphasize the flexibility of the desidera-
tive energies and the resulting humancapacity to take and even to
invent new objects of concern. 44 On a Humeanmodel, the only way to
account for the extraordinary variety of things that humanbeings desire
and care about, and for the variety found in humanways of life, is to
regard most of the things we care about as gratifications of an over-
arching desire for pleasure. Everything except our desire for the ob-
jects of original animal instincts must be accounted for this way. This
is because on this model passions and their objects are ineradicably
linked: a desire just is a desire for a particular end. Thus the energy
of that desire can be transmitted only to the means to that end: There
is no room in this psychological picture for the generation of desires
for new ends, so it turns out that everything not desired in a primitive
natural condition must fall under the rubric of things desired for the
sake of their pleasantness. Of course, this problem (assuming it is a
problem} only arises if one thinks of pleasantness as an end to which
83
Kant says that the power to set an end is the characteristic of humanity
(DV51/392; G56/437), this is what he means. The specific characteris-
tic of a humanbeing is the power to take something as one's purpose,
to choose it, to make its realization one's project. Wehave this power
because we are released from the control of instinct; and it will turn
out that it is because we have this power that we are under moral laws.
In tenns of the teleological arguments, this will mean that nature's
purpose for us is to set us free from the domination of nature itself.
In terms of the moral arguments, this will turn out to be the source
of our autonomyand so of our obligation. These are points that I will
be arguing for throughout this thesis. Until it is understood that Kant
was not working with the empiricist model of reason and passion, it will
not be possible to get his arguments off the ground.
VIII. Conclusion
The difficulties with the interpretations of the Formulaof Univer-
sal Lawand the Formulaof the Lawof Nature that I have examinedin
this chapter for the most part resolve into a single problem. Nomatter
howone tries to interpret universalization, one can get no contradic-
tion in the universalization of a practical maximunless one can show
that in the world of the universalized maximsome purpose will be thwar-
ted, or some procedure unusable, or someend inaccessible; and that, at
the same time, the achievement of the purpose, the use of the procedure,
or the accessibility of the end is one that there is reason to want.
The universalization of a practical maximcan be shownto lead to the
thwarting of purposes and the destruction of the means that provide our
access to certain ends. But there will never be any contradiction in
85
NOTES
91
92
your personal use or possession, to have it when you want it. For
anything you have can be stolen. The idea here is that what the
thief really wants is to make something his property, to have some
guarantee that he will have it when he wants it and so the efficacy of
his action does indeed depend upon its exceptionalness. 3
Wecan even make plausible cases involving thoroughly natural
acts, at least in the case of certain purposes. Suppose you are
second in line for a job, and are considering murdering your more
successful rival. Could this be universalized? Killing is a natural
act, not a conventional one. We cannot say that if this sort of
action is abused the practice will die out, for that makes no sense
whatever. Nor can we say that any amount or kind of use of this
practice will destroy its efficacy for its purpose, if we specify the
purpose as that of getting someoneout of the way. So here the test
will only work if the purpose is specified differently. Wemust say
that the purpose is to secure for yourself a job, that the action is
seen as a way of getting a job. Andwe must emphasize the fact that
if anyone else wants this job, or a job that you have, you will be
the victim. You cannot will this. Nowit may seem that the purpose
that is contradicted is not the purpose in the maxim- that of having
a job - but a different purpose, that of remaining alive. Of course,
one has to be alive in order to have a job. That might seem like a
silly response at first, but I do not think that it is. In
Utilitarianism, Mill argues that justice is specifically concerned
with a very special object of humaninterest - that of security.
Security is not merely one amongmany other goods, but a pervasive
condition of the possession of anything good.
98
the maxim(G 39/421) or will the maximat the same time as its
universalization (G 55/437}. All of this, I believe, is meant to
emphasize that the difficulty is in willing the maximand its
universalization together. The whole idea seems to emerge more clearly
and firmly in the fonnulation Kant uses in the Typic11 section of the
11
the more thoroughly one will have defended Kant. The implication of
this approach is that only a theoretical contradiction, a contradiction
between propositions or beliefs, is a real contradiction; a
contradiction in one's maximsor one's will or just amongone's
purposes must be something weaker and the best we can do is bring it
as close as possible to this "best case" of contradiction. Singer,
for instance, who offers many very accurate examples to illustrate
the workability of the contradiction tests, nevertheless says:
Nor does it make any difference whether the impossibility
of everyone acting in a certain way is or is not a logical
impossibility, determined solely a priori, with no
reference to empirical facts. It-is sufficient for it
to be impossible in ~ weaker sense. (my emphasis)5
And Nell, whose interpretation of the contradiction tests seems to me
to be a version of the practical contradiction test, remarks:
The concepts which can be applied appropriately to
practical principles, such as universalized maxims,
are those of being "self-defeating" or "self-frustrating".
But if the criteria for applying the concept of a
contradiction are clearer than those for determining
self-defeat or self-frustration, then it may be
desirable to test maximsby considering their UTC's.
["Universalized Typified Counterpart" - that is, the
idea of everyone acting on this maxim] There the sort
of maximwhich Kant wants to show incompatible with
duty will be represented by a law of nature which
contains a contradiction. Kant does not want to depend
on relatively opaque concepts like those of being
self-defeating or self-frustrating in his test of which
maximscannot be practical laws. Rather he wants to
provide a method for mapping instances of such concepts
onto the muchmore readily identifiable instances of the
concept of a contradiction.
I do not knowof anyone who argues for this idea that we have a
clearer notion of theoretical contradiction than we do of practical
contradiction. Whena person is chargeable with a theoretical
contradiction it is because her beliefs imply that she both holds and
does not hold some particular belief or tenet; when she is guilty of
lro
The structure of your maxims implies that you both do and do not will
some particular end. Or rather, that you will that the end both be
and not be - to get the stronger formulation. The analogy is more to
believing and disbelieving the same proposition than to both believing
and merely failing to believe the same proposition, though this is a
rather fine point. In fact one might say that on the occasions when
it is appropriate to accuse someoneof a contradiction you point out
to them {as often as not} that their failure to believe something
amounts to explicit disbelief in that context. Something else to which
they are committed disallows the suspended judgment. In the practical
context, willing the end similarly disallows willing something that
implies the unavailability of the means. To apply that to what has
already been said about the categorical imperative test, I need only
point out that willing a situation in which the only means available
for achieving a certain purpose is a procedure which does not work is
106
rationality in action:
Everything in nature works according to laws. Only
a rational being has the capacity of acting according
to the conception of laws, i.e., according to
principles. This capacity is will. Since reason is
required for the derivation of actions from 1aws,
will is nothing else than practical reason. (G 29/412)
Here the will is identified as the capacity to act on one's conception
of a law. Later, in the initial paragraphs of the Third Section when
the critique begins, Kant says:
As will is a kind of causality of living beings so
far as they are rational, freedom would be that
property of this causality by which it can be
effective independently of foreign causes detennining
it ...
... Since the concept of a causality entails that of
laws according to which something, i.e., the effect,
must be established through something else which we
call cause, it follows that freedom is by no means
lawless even though it is not a property of the will
according to laws of nature. (G 65/445-446)
The initial argument for attributing autonomy to anyone with a
rational will proceeds by moving from the idea of the rational agent
regarding herself as a cause to the necessity that the rational
agent must regard herself as a first cause, the author of her own
principles. The idea of autonomy, central to the main critical
arguments for the rationality of acting on the categorical imperative,
is given in tenns of the idea of the rational agent as a cause, and
as having to regard herself as a cause. As the analysis of the
principle that whoever wills an end wills the means shows, however,
this theme runs throughout Kant's descriptions of rationality in
. 7
act ,on. If one takes seriously (as to follow the critical arguments
one must) the claim that willing~ regarding yourself as the cause
of an object - seeing it as a thing to be brought about through your
own use of means - then there is no grounds for the objection that
110
universalized maxim, but in the will of the person who attempts to will
the world of the universalized maxim:
He sees that a system of nature could indeed exist in
accordance with such a law, even though man (like the
inhabitants of the South Sea Islands) should let his
talents rust and resolve to devote his life merely to
idleness, indulgence, and propagation - in a word, to
pleasure. But he cannot possibly will that this should
become a universal law of nature or that it should be
implanted in us by a natural instinct. For, as a
rational being, he necessarily wills that all his
faculties should be developed, inasmuch as they are
given to him for all sorts of possible purposes.
(G 41/423)
If such a way of thinking were a universal law of nature,
certainly the humanrace could exist, and without doubt
even better than in a state where everyone talks of
sympathy and goodwill, or even exerts himself occasionally
to practice them while, on the other hand, he cheats
when he can and betrays or otherwise violates the rights
of man. Nowalthough it is possible that a universal
law of nature according to that maximcould exist, it is
nevertheless impossible to will that such a principle
should hold everywhere as a law of nature. For a will
which resolved this would conflict with itself, since
instances can often arise in which he would need the
love and sympathy of others, and in which he would have
robbed himself, by such a law of nature springing from
his own will, of all hope of the aid he desires.
(G 41/423)
In Chapter Two, in the discussion of the terrible consequences
interpretation, I described a certain natural pattern of thought that
is provoked by the problems arising from these two arguments. It is
seen at once that the theoretical contradiction interpretation cannot
be applied in these cases, since Kant explicitly says that in these
cases the world of the universalized maximcould indeed exist.
Because the contradiction is said to be in the will, and because Kant
seems to speak directly of thwarted purposes here, the idea of the
practical contradiction at this point naturally arises. But so does
the standard objection to this test: that there is no purpose that
114
who "have to struggle with great hardships•• and wondering "what concern
of mine is it?" (G 40-41/423-424). In neither case does the maxim
nor such motivational description as Kant gives provide any clear
grounds for assigning to the agent some particular purpose.which would
be thwarted in the world of the universalized maxim. In order to give
credence to Kant's claim that there is a contradiction in the will
115
Duties are to apply to all rational beings, and perhaps we can imagine
rational beings for whomthese are not resources - beings who have no
ends for which they need assistance, beings who are born into whatever
world they inhabit with all the talents and powers they \•lill ever need
or indeed could ever have. But it is hard to see what this objection
comes to. Certainly, if rational beings had no use for one another's
assistance, there would be no duties of mutual aid - but there is no
reason to suppose anyone would \'lant to deny that. One could say that
the test establishes that if there are any primary goods or all-pervasive
resources of action, everyone must will their availability - and in the
case of humanbeings, cooperation and talents are at least amongthem.
In any case this would be rather like claiming that it is just an
empirical fact about us that we are not gods. Philosophical readers
will no doubt be divided in their opinions about that.
So far, I have described one reading based on the idea that there
is an implicit purpose associated with the maxims rejected by the
second test, which, after the manner of the first test, would be
thwarted in the world of the universalized maxim; and one reading based
on the idea that talent and cooperation are primary goods whose
availability must be willed no matter what one's ends and purposes
are or might be. A third strategy for dealing with the second
contradiction test is to identify as the purpose thwarted in the
world of the universalized maximthe one actual end that Kant says
everyone can be presumed to have - happiness. This is, of course,
especially plausible as a way of dealing with the second example,
the mutual assistance case, but it could apply to both.
One can move naturally from the claim that mutual assistance and
121
talents are a sort of primary goods needed for whatever ends we might
have to the claim that they are needed for happiness, for happiness
itself is sometimes viewed by Kant as a sort of second-order end -
the dream of "the sum of satisfaction of all inclinations." (G 15/399) 13
The desire to be happy is a desire to satisfy as many of your
inclinations as possible, and that in turn involves a desire that the
means to do so, in general, be available. This has the advantage of
locating the contradiction in the thwarting of a specific purpose,
but a purpose that everyone surely has. The contradiction is nowmore
definite than it is if we just speak of ends in general - it applies to
everyone, and it is the same contradiction for everyone (which on the
previous reading might have been in doubt). In addition, there is a
possible architectonic point to it - for if we read the second test in
this fashion, we can say that the first contradiction test is based on
the technical imperative, while the second contradiction test is
based on the imperative of prudence. The reading also finds support in
some of the remarks Kant makes in the Doctrine of Virtue, where the
duty of assisting others is subsumedunder the obligatory end of
taking the happiness of others as one's end, and is traced to the fact
that "our self-love cannot be divorced from our need of being loved
by others ... so that we make ourselves an end for others." (DV53/393)
Furthermore, the uncertainties associated with the pursuit of happiness,
which Kant so strongly emphasizes, can be used to support the claim
that every one of us has a reason to contribute to the development of
humantalents and a cooperative and helpful community, whether it
seems so in light of our present purposes or not. Kant could reply
to Sidgwick's objection that no one can knowwhether he can do without
122
that this marks a difference between the two tests. In the first test
it is clear that you would not be able to attain the end that is
thwarted. In the second test it is not clear, because, as Ebbinghaus
says, it is a matter of unpredictable fact who might benefit and who
might lose from the universal practice of personal isolationism. So
this problem can perhaps be overcome. It is a question of the
conditions under which one can rationally adopt an end, not under which
one can rationally expect to achieve it - it is a case in which
expectations are wholly unreliable.
The second and more important difficulty with this reading is that
it seems to work much less well for the duty of cultivation. Kant's
example of a world in which there is no cultivation is the South Sea
124
But at the basis of the desire for primary goods are the
highest order interests of moral personality and the need
to secure one's conception of the good (whatever it is).
Thus the parties are simply trying to guarantee and to
advance the requisite conditions for exercising the powers
that characterize them as moral persons. Certainly this
motivation is neither heteronomous nor self-centered:
we expect and indeed want people to care about their
liberties and opportunities in order to realize these
powers, and we think they show a lack of self-respect
and weakness of character in not doing so.18
Here again the guiding idea is that it is not just any (as Kant would
say, arbitrary, conditioned, or contingent) purpose for which we need
these resources but this further thing that is realized in the course
of 11setting 11
and pursuing our other ends, namely "moral personality"
or "autonomy" or freedom. It is noteworthy that Kempappeals to the
teleological argument in his passage - humanbeings differ from all
the rest of creation in our power to set ends, in our freedom from the
domination of natural purposes themselves - our natural purpose,
signalled by our freedom from instinctual bonds, is precisely to work
out our own ends - to be free. Thus this reading of the second test
is supported by the argument made in the previous chapter on the basis
of "Conjectural Beginning of HumanHistory": even before Kant
establishes the obligatory ends that are supposed to follm·, from the
second contradiction test, Kant allows reason a role in the setting of
ends and so allows for a certain kind of freedom. This deserves
emphasis, for one might have thought that it was inappropriate to
bring freedom in at this stage of the argument. If the only ends that
could be freely adopted were the obligatory ends themselves, any
.
claims about our capacity for freely adopting ends might seem to have
to wait upon the success of the second contradiction test itself; we
could not appeal to that capacity in making the very arguments that
127
whether you will have such an end as part of your happiness. On the
freedom reading it is enough to say that you must will that these
generally useful means be available if you should decide on an end that
requires them, and that as one who wills her own freedom you want that
decision to be open to you. It is not a question of predicting what
ends you will or might have, and deciding whether you could or could
not achieve them without talent and cooperation. It is a question of
protecting your capacity to choose ends and your opportunity to pursue
the ends you do choose. This means that the freedom reading is in a
certain way more powerful than the other two, and immuneto a sort of
objection that is always raised to them.
In the last chapter of The Varieties of Goodness, G. H. VonWright
puts forward a description of just action which he says is similar to
Kant's view and to the Golden Rule: it involves appeals to fairness,
and arguments against giving oneself a special privilege, and it
establishes duties on the basis of arguments essentially similar to
those used by Kant. (I won't go into details since it is with Kant
that I am concerned here.} But VonWright believes that moral duties
so derived apply only within what he calls a moral community, and
that "the moral communityunder consideration consists of those who
have more to gain from never being harmed by anybody else than from
sometimes hanning somebodyelse. 1119 NowVonWright thinks that it can
be argued, as plausible fact, that anyone who is not a God will be in
this moral community. What is in question is not what we gain in
individual cases from hanning others, versus what we stand to lose in
such cases. What we "have to gain" must be thought of as what we would
gain from a policy of freely hanning others subtracting what we would
132
lose from everyone else's having a policy of freely harming us. 20 And
in making this calculation we must take into account the fact that if
we thus placed ourselves outside of the moral communityothers who
remained part of the cooperative unit would band together against us.
Thus to be outside of the moral communityone must be stronger than all
other humanbeings combined. It is not likely that we will find
anyone that strong; and yet
Yet it is hardly an a hriori necessity that an individual
man should be weaker-tan all other men jointly. (I say
'hardly,' since we may wish to deny the name of 'man' to
a being of superhumanpowers.) Suppose a man invents
some fearful weapon, to which he alone has access and by
means of which he can wipe out any number of men who
withstand his wishes or encroach upon his privacy. He
could be a kindly man and never want to do harm to anybody.
Could he be just and moral? I shall not attempt to answer
the question. As long as he keeps his secret weapon and
is aware of the superiority, which it confers upon him in
relation to the rest of humanity, he, in any case, does
not belong to the moral community, which is determined
by the basic inequality in our example.
The fiction of the superman, although logically
possible, is yet highly unrealistic, someonemay say.
Is it highly unrealistic? I would ask. Substitute,
in our example, a team of men for an individual - and
the example is less unrealistic. Substitute a state -
and we shall recognize it as thoroughly realistic ...
But what about the imagined superman, who is not in
the community? Is it not his moral duty, too, 2fver
to do evil to his neighbor? I would answer No.
Nowalthough VonWright's case is a little different than the one
under consideration in Kant's fourth example, it is easy to see how
some such argument could be used as a sort of extended version of
Sidgwick's argument against Kant's analysis of the duty of helpfulness.
Perhaps someonewould want to argue that a rational being after the
manner of VonWright's superman, living amongus, could be certain
that whatever its happiness turned out to consist in, it could secure
that happiness without anybody's help. Hence this being need not will
133
NOTES
p. 525.
not subsist 11
, "would annihilate themselves" (C2 27/27} and so forth.
138
Such language, taken in conjunction with Kant's remarks about the use
of the law of nature as the Typic of practical judgment, leads very
naturally to the theoretical or teleological interpretation. For one
might want to say that, while the problem in one's will is ultimately
a practical contradiction, this practical contradiction can only be
discerned through the discovery of a theoretical or teleological
contradiction in the system or law of nature that corresponds to the
universalization of one's maxim. The idea behind such a reading would
be that practical contradictions are somehowvague or hard to spot,
and that theoretical or teleological contradictions in laws of nature,
which are supposedly more readily discernible, can serve as indicators
of practical contradictions in universalized maxims. In that case, it
would be a theoretical or teleological contradiction we would look
for in actually working the two contradiction tests {or at least the
first one), while it would be a practical contradiction - and so
something genuinely a part of a theory of practical reason - that would
be thus revealed.
This seems at first sight like an extremely plausible reading of
the use of the law of nature as a Typic. But I have already argued
at length that such a reading of the two contradiction tests is neither
necessary {since practical contradictions are not vague) nor especially
plausible {since the tests can be workedmore easily and with fewer
problems on a practical contradiction reading). What I will therefore
do in this chapter is offer a different reading of the point and
significance of the use of the law of nature as Typic. Since I want
to deny that the point of the Typic is the one I have described in
the preceding paragraph, somesuch reading is necessary to my case for
140
described.
3, the law of nature that could not last also could not be. Laws of
nature are eternal, so even if a time lapse were needed before the
contradiction could occur, it would at any given momentalready have
passed.
It is also clear that Kant intended the idea of a law of nature
to provide a model for a maxim: not just in the sense that the maxim
is tested for its morality by its fitness to be a law of nature, but
in the sense that we can see what is and is not to be included in the
maximthat is to be tested by treating it as a potential law of
nature. Maximsmust include both the end that is to be achieved and
the means by which it is to be achieved, in order to exhibit the
purposive structure of the action. In taking a law of nature as a
model for a maxim, the effect would be the end and the cause would be
the means; the model implies that both must be included. Kant has
already made this connection between means and causes in the proof
of the hypothetical imperative: one who wills the end must will the
means precisely because willing involves regarding oneself as a cause.
Taking the law of nature as a model for the maximthat is to be tested
has implications, therefore, about the exact specification of the
maxim. These implications can, I think, be used to help resolve some
of the standard difficulties concerning the correct formulation of
maxims: for example, that maximscan be so specified that they
resist universalization and therefore pass the test regardless of
their content, or so stated that they cannot be universalized even
when laudable or innocent.
Since on Kant's view a law of nature must itself be fully
universal, the law of nature model for a maximspecifies that the
143
that number, and since only one person has that number, the situation
remains the same. But if the maximis modelled on a causal law, the
possession of just this numbermust be shown to influence the causal
features of the situation; for example, it might be shown that your
having just this number structures the causal situation so that the
proposed action is the only way to achieve the intended purpose.
But of course having that social security number is really only causally
revelant to a quite limited and highly specific set of activities -
writing certain digits in the blank following the words "social
security number" on a form, for instance, where it is one's purpose to
fill out the form correctly. There is only a very well-defined set of
effects of which the possession of just those digits in one's social
security numbercan be said to be the cause, and only in certain
kinds of circumstances do they influence the ordinary causal relations
between actions and purposes, and so find a place amongthe relevant
circumstances included in maxims. One's social security number is a
reason to write certain digits on fonns; but it is unlikely to be a
reason for any commonlywrong actions.
Barbara Hermanpoints out that we can test for the relevance of
what is included in maxims by means of a counterfactual question test:
The tailored maximis, again, "WheneverI am in
financial difficulties, I will make a deceitful promise,
in order to borrow money, if the promisee is red-haired,
28 years old, and it is a Thursday" - and it is proposed
as a possible 'correct' maximof the act of deceiving
a red-haired 28 year old (Arthur) next Thursday, in
order that George may extricate himself from his financial
embarrassments. The procedure for blocking this variety
of tailoring will be to construct a set of counterfactual
questions to test the relevance of the various features
in the descriptive portion of the maxim- that is, those
parts of the maximwhich exhibit departures from a wholly
general characterization, e.g., deceiving for personal
146
conception of the morally good - namely, that the morally good is what
is chosen by, or is the choice of, the good-willed person who is
governed by the moral law. And Kant thinks it is an important part of
his argument here - the argument about the good - and this means that
the decision as to what is good will not be preceded by any decision
about what is physically possible. SometimesKant makes it sound as if
he thinks this is because what is good ..:i!the intention of the will
(see the second of the two quotations just given) and this good thing
can be produced directly by the good-willed person. But this is only
true of what is unconditionally good. In other passages the argument
is that what is good is what the good-willed person would will were
it within her power. (As in the first of the two quotations just given.)
Thus the point is that the judgment whether a thing is good need not
be preceded by a judgment whether the thing is physically possble:
goodness is not some (theoretically identified but very interesting)
property of the objects around us, but a purely rational characteri-
zation of something as part of the world that ought to be. The
decision as to a thing's goodness is a rational and practical decision,
completely independent of whether the thing can be brought about.
It is one made on the basis of rational principles alone. Such deci-
sions are made by means of the Typic as I have described it: you ask
yourself whether it belongs to the sort of world you would rationally
will if you were a rational creator in the position of Leibniz's
God.
I have already said that the main point of the argument about
being unconstrained by considerations of physical possibility is that
it leaves us, as it were, with no basis for choice except pure
159
Leibniz's two principles of reason. In the first test, you are in the
position of Leibniz's God, looking for a world that is not
contradictory, amongthose in which a certain end - the one in your
proposed maxim, is to be brought about. In the second test, you are
in the position of Leibniz's God, choosing amongnon-contradictory
worlds the most practically perfect. Fromthe standpoint of practical
reason, the first of these two judgments (whether your maximis
contradictory when universalized) is analytic. The second (whether
your maximcan be willed as universal law) is synthetic. Leibniz,
who believes all truth to be in some sense necessary(!_ priori),
nevertheless distinguishes the two sorts of truth arising from his two
principles of reason: what is true by virtue of non-contradiction is
necessary, whereas what follows from God's choice of the actual world
as the best, as opposed to some other possible world, is contingent,
though! priori and certain. 13 Similarly, Kant will say in the
Metaphysics of Morals that, from the point of view of pure practical
reason, the first principle of the doctrine of law is analytic,
whereas the first principle of the doctrine of virtue is synthetic.
The concept with respect to which the first principle of Law is
14
analytic and that of virtue is synthetic is freedom (DV56/396).
This is what makes it possible for there to be a pure rational choice
from the standpoint of practical reason, and what makes it possible to
represent this choice in terms of the position of an author of nature.
Weneed only rememberthat a world without practical contradiction is a
world for action, a world for freedom.
In Theory of Justice, Rawls makes the following remarks about this
approach to ethical theory:
162
Whenwe try to think what this situation would be like, our thinking
is governed by our knowledgeof the laws of nature in manyways. For
example, in the promising case, we take into account the psychological
law that people are not likely to go on accepting promises they know
will not be kept. People learn from experience, and they are not
boundlessly generous: these facts are, if you will, contingent.
Indeed, this is sometimes offered as a criticism of Kant, a proof that
his test is not pure of empirical considerations in the required way -
although I hope that what I am about to say will provide an answer to
that objection. Again, I have already described how Kant's readers
are concerned over the empirical 11 character of the claim that we need
11
one another's help for the pursuit of ends in general. Any consideration
of whether a universalized procedure will work must take into account
empirical considerations of how things work. In all the cases where
the maximfails because the action proposed involves the abuse of a
practice, the 11
empirical 11 fact that practices cannot exist unless they
have the support of proper use by a sufficient number of people and of
an open social acknowledgementplays a role in showing what the
contradiction is. Wherewe try to find a contradiction in the
universalization of the use of some natural act for a certain purpose,
psychological facts carry an even heavier weight. In short, in working
the contradiction tests, the proposed new law is "plugged in" to the
world as it is, and general facts about the world as it is are taken
into account. This is true of both tests. The agent is in the
position of Leibniz's God, but only with respect to a world consisting
of this one law, a certain proposed psychological law of humannature,
plus other laws as they actually are.
164
11
There is also, in each case, an inclination
11
that detennines
whether or not the world of the universalized maximis choiceworthy.
In the first case, the inclination
11 11
is the one involved in the
maximitself - the choiceworthiness of the world of the universalized
maximis measured directly in tennsof the satisfiability of one's
purpose by one's proposed method in that world. Yet because you
choose, not merely a principle that will get you your end in this
world, but the principle upon which you would act to achieve your end in
a world of your ownchoosing, we could say that the touchstone for
your choice is the free pursuit of this end. In the case of the second
contradiction test, I argued, there are a variety of ways to characterize
the purpose that serves as a touchstone for the decision:
11 11
ends-in-
general, happiness, freedom. One reason for favoring the reading
according to which the purpose in question is freedom is the fact that
the concept with respect to which the first test is analytic and the
second synthetic is freedom. In either case we could say that the
touchstone for the will's choice is its ownfreedom: in the one case
it chooses not to act against freedom, in the other case it chooses
the best world for freedom. There is a touchstone for the choice, so
that it is not impossible to make. Andyet neither the presence of
this touchstone nor the employmentof our knowledgeof the laws of
nature is a violation of the formality and purity of the test. The
choice is still one in which one is constrained only by the rational
necessities. It is practical contradiction that stops you from willing
the universalization of the rejected maxim. Wemust appeal to
theoretical facts to determine whether there is a practical
contradiction in willing the world of the universalized maxim, but
165
world the sort of systematic order that would make the world make sense
to us and seem a reasonable place. The principles of reason,
governing the understanding, aim at making the world an understandable
place, an explainable place, a comprehensible place. In place of
metaphysics, in Leibniz s sense, we have regulative principles
1
appeal, not to a mere cause, but to a purpose for whose sake things
are organized as they are. Of a mechanistic law, at however high a
level of generality, one can always ask why it is so and not
otherwise; it is only a final purpose that can give a final answer to
the demandfor the reason why of things. But a final purpose would
provide not only a complete explanation of things for the satisfaction
of the theoretical understanding, but a complete justification of
things from a practical and moral point of view. In the Critique of
Judgment, we learn that the final purpose for both the theoretical
and the practical purposive systems is the same: it is humanbeings
under moral laws, who are happy in proportion as they are virtuous.
I will give part of that argument from the Critique of Judgment later
on (see Chapter 5), but there is one consequence of it that must be
mentioned here.
I have claimed that the point of the Typic is to place us in the
situation of Leibniz's God choosing the best of all possible worlds, so
that we can make a choice that is based upon pure reason. In trying
to explain why in this case this approach does not give rise to the
difficulties about the constraints of a determinate problem of choice
mentioned by Rawls, I pointed out that in working the two contradiction
tests the laws of nature as they actually are do play an informing
role - not in the sense of constraining our choice to what is
physically possible, but in the sense of enabling us to envision the
world we would be choosing if we chose the world of the universalized
maxim- of providing us with a detenninate object of choice. Insofar
as what we are choosing from the standpoint of practical reason is a
world for action this does not seem to me to violate the formality of
171
the tests. The question is not whether the world we envision and
decide about is physically possible, or desirable from the point of
view of an inclination, but whether it has a practical contradiction
in it.
But there is something more satisfactory than this to be said in
the end. For it turns out from the standpoint of practical reason
there is something to say about what all the laws of nature ought to
be, even the laws of non-humannature. Specifically what the general
facts of nature ought to be does, as Rawls puts it, outrun human
comprehension, yet we can say that there is one feature they will have
in the best of all possible worlds for action. This feature is that
they will be so arranged that every person's happiness is in proportion
to her moral virtue. Exactly what arrangement would achieve this result
we cannot know, but that the best of all possible worlds for action
must have this arrangement is a dictate of pure practical reason. 17
To this extent we can see from the standpoint of practical reason even
what the general facts of nature must be - at least what they must be
1i ke.
would choose as laws for a world for action, were it in our power to
choose. By taking up a standpoint in which our choice is based purely
on these rational principles rather than on any of our private
interests or inclinations, we are enabled to make a choice that is
based on pure reason, to adopt maximsand perform actions on a purely
rational basis. By acting the way we would act in a world of our own
rational choosing, we exercise our autonomy. Instead of allowing
ourselves to be constrained by the actual circumstances in which we
must function, instead of being channelled along whatever path among
the circumstances leads to the satisfaction of our desires, we act
just as we would were we able to choose the very world in which we
are to act. The consequences may sometimes not be what we would have
them, but our actions are our very own, the ones we would perform in a
world for action. Wedo this by acting according to the laws of a
world for action. These laws, modelled on the laws of nature, say
that our use of means to ends must be universalizable, like the
relation of a sufficient cause to an effect, in order that there be a
s uffi ci ent reason for our act ions ..
The Typic is a Typic for the objectively good. One could say
that when we take up a practical perspective towards the world, we
view things in terms of good and evil. It is because these are
intelligible, rather than perceptible or scientifically ascertainable,
features of things that we must use the Typic to descry them. Since
good and evil have to do with action and purpose, means and ends, we
take cause and effect as our models for these. The will is a
causality belonging to rational beings; a means is a cause, a purpose
an effect of the will, a maxim, giving the connection of means and end,
175
NOTES
183
184
I. TwoDistinctions in Value
Since the argument leading to the establishment of the Formula of
the E~d in Itself depends upon the notion of unconditioned goodness, it
is necessary first to take a look at that notion. The Foundations opens
with the claim that:
Nothing in the world - indeed nothing even beyond the world
- can possibly be conceived which could be called good
without qualification except a good will. {G.9/392-393)
As Kant presents the teleological argument, it becomesclear that what
he means is that the good will is the only unconditionally good thing
and 11the supreme condition to which the private purposes of menmust for
186
all the goodness in the world; goodness, as it were, flows into the world
from the good will, and there would be none without it. If a person has
a good will, then that person's happiness (to the extent of his or her
virtue) is good; if the person's ends are good then the means to those
ends are good. This is why the highest good, later identified as the
whole object of practical reason, is virtue and happiness in proportion
to virtue: together these comprise all that is good - the unconditional
good and the private ends that are rendered good by its presence. Hence
also the Kingdomof Ends, as "a whole of rational beings as ends in
themselves as well as of the particular ends which each may set for him-
self" (G 51/433), is a kingdomin which the absolute good is fully
realized. 1 The Good is a system of ends, synthesized by the categorical
imperative, including the totality of all that is absolutely good under
the unconditioned good - a practically rational systematic whole.
As pure practical reason it likewise seeks the unconditioned
for the practically conditioned (which rests on inclinations
and natural need); and this unconditioned is not only sought
as the determining ground of the will but, even when this is
given (in the moral law), is also sought as the unconditioned
totality of the object of pure practical reason, under the
nameof the highest good. (C2 112/108)
It is this purely rational conception of goodness (the unconditionally
good and the conditionally good of which the unconditioned condition is
met) that Kant works with in the argument leading to the Fonnula of the
End in Itself.
(G 46-47/427-429)
The argument by which Kant reaches this conclusion depends upon the
distinction of unconditioned and conditioned value described in the pre-
ceding section. In fact it takes in part the form of a regress upon
conditions:
191
fonnula of the schools: Nihil appetimus, nisi sub ratione bani; nihil
aversamur, nisi sub ratione mali. If this is taken to mean that "we
desire nothing except with a view to our weal or woe" it is "at least
very doubtful. 11
But if it is read as saying "we desire nothing, under
the direction of reason, except in so far as we hold it to be good or
bad" it is "indubitably certain." (C2 61-62/59-60)2 Similarly, in the
Foundations Kant says that "the wi11 is a faculty of choosing only that
which reason, independently of inclination, recognizes as practically
necessary, i.e., as good." (G 29/412) Insofar as we are rational agents
we will choose what is good - or take what we choose to be chosen as good.
Suppose then that you make a choice, and you believe what you have
opted for is a good thing. Howcan you justify it or account for its
goodness? In an ordinary case it will be something for which you have
an inclination, something that you like or want. Yet it looks as if the
things that you want, if they are good at all, are good because you want
them - rather than your wanting them because they are good. For "all
objects of inclinations have only a conditional worth, for if the inclina-
tions and the needs founded on them did not exist, their objects would be
without worth." (G 46/428) The objects of inclination are in themselves
neutral: we are not attracted to them by their goodness; rather their
goodness consists in their being the objects of humaninclinations. (I
would say: goodness in objects is not a theoretical property we perceive
and respond to, but a practical characterization we bring to the world
of objects.)
This, however, makes it sound as if it were our inclinations that
made things good. This cannot be right, for "the inclinations themselves,
as sources of needs, however, are so lacking in absolute worth that the
universal wish of every rational being must be indeed to free himself
193
abstracted (as any particular end would make each will only
relatively good), the end here is not conceived as one to be
effected but as an independent end, and thus merely negatively.
It is that which must never be acted against, and which must
consequently never be valued merely as a means but in every
volition also as an end. Nowthis end can never be other than
the subject of all possible ends themselves,[*] because this
is at the same time the subject of a possible will which is
absolutely good; for the latter cannot be made secondary to
any other object without contradiction. The principle: Act
with reference to every rational being (whether yourself or
another) so that it is an end in itself in your maxim, is thus
basically identical with the principle: Act by a maximwhich
involves its ownuniversal validity for every rational being.
That in the use of means to every end I should restrict my
maximto the condition of its universal validity as a law for
every subject is tantamount to saying that the subject of ends,
i.e., the rational being itself, must be made the basis of all
maximsof actions and must thus be treated never as a mere
means but as the supreme limiting condition in the use of all
means, i.e., as an end at the same time. (G 56/437-438)
*[Paton has "subject of all possible ends himself" (not them-
selves) and that seems correct.JS
It is the power to take something as your end and pursue it by rational
means that is identified with "humanity", and it is that power or capa-
city that we are adjured to treat as an end in itself. The test that
parallels the first contradiction test is concerned with cases in which
we are using another merely as a means and not at the same time as an
end, and the test that parallels the second contradiction test is con-
cerned with cases in which we are failing to promote humanity as an end.
In either case, what is involved is a failure to properly acknowledgein
your conduct the value-conferring status either of another or of yourself.
Wecan make this plausible, and also see why Kant takes the two formulae
to be identical, by considering the examples and the way Kant explains
them.
In the suicide case, Kant says that i f, in order to escape from
11
(G 47/429) In the passage quoted above, Kant pointed out that it was a
198
tioned, that the other person cannot share in the end of the action. In
both of these expressions, the apparent element of subjectivity can be
eliminated by a strong reading of the "cannot". It is not that others
don't happen to agree to the way you propose to act, or that they don't
happen to have the same end that you seek by this action - it is that
they cannot. Suppose, for instance, you cometo me and ask to borrow
some money, falsely promising to pay it back next week and, by some
chance, I knowthat your promise is false. Suppose also that I have the
same end that you do, in the sense that I want you to have this money,
and so I turn the moneyover to you anyway. Here I have the same end as
you, and tolerate your attempts to deceive me to the extent that they do
199
not prevent my turning over the moneyto you. Yet even in this case it
is not true, and cannot be true, that I assent to your way of behaving
towards me and share in the end of your action. If I call you on it
openly, and say, don1 t give me that, just take this money"then what
11
wondering what sort of fool you take me for, but prepared to live up to
myownstandards of courtesy and decent humanintercourse all the same.
But there is all the difference in the world between actually doing some-
thing and pretending to do it. Knownfalse promises cannot be accepted;
knownlies cannot be believed; in all cases a tolerated manipulation is
not an agreement to be manipulated, but something else. If I call you
on the false promise, I turn the case into a different sort of action:
a handout on my part, not a promise on yours. If I don1 t, I engage in a
sort of counter-manipulation, by pretending to engage in a promise with
you when I am not really doing so. (In this case, by the way, I am on a
Kantian account guilty of not treating you as an end, and of deceiving
myself into the idea that your bad behavior gave me a license for that.)
In neither case can l be described as agreeing to your way of behaving
towards me, for in both cases I fix it so that something else is hap-
pening. Even if I do this covertly there is no assent. If I say to you
later: 1 knewperfectly well that you never intended to pay me back,
11 11
you can hardly say 11well, that s all right then, for you assented to it.
1 11
So there is a criterion here for whether another can assent to your way
200
choice.
In every case in which the first contradiction test is violated,
something of this nature is going on - there is some manipulation, some
taking advantage, which involves a failure to treat the other as an end
in itself and a possible fellow first-cause of the results. Although
Kant focusses on the acceptability of your treatment of the other person
directly involved in the action, a parallel point can be made about your
treatment of others who use the same sort of procedure you propose to use
but do so only properly. Whenyou tell a lie for a certain purpose, the
lie works to achieve the purpose only because most people tell the truth.
In such a case it is not just the person to whomyou lie that you treat
as a means (.manipulate} but all of those who tell the truth. This is
because you allow their actions to fuel your method, and that is expli-
citly treating their rational nature as a mere means: indeed it is
making a tool of other peoples• good wills. Wheneveryou use a method
that works only because others do not use it - which is what the first
contradiction test always shows - you make an instrument of the rational
nature of others, and treat them as mere means. Wheneveryou act towards
an individual in a way that she could not assent to, you manipulate her,
and treat her rational nature as a mere means. I will argue later that
this concept of manipulation is especially important in this regard - for
in manipulation you "work" the reason of the other, treating the other's
power of rational choice as a set of levers which, pushed with due skill,
give you the results that you desire. 6
The third and fourth examples, of the duty of self-perfection and
the duty to promote the happiness of others, admit of very clear accounts
in terms of the idea of acknowledgingthe value-conferring power of
202
objective end one's own subjective end that one can be movedto act as
the moral law commands. This is the basis of Kant's theory of virtue,
and it is in termsof this idea that we are to understand the notion
of an action that is motivated by reason alone.
It is we, with our power of valuing things, that bring to the world
such value as it has - and even the redemption of nature is up to us.
214
NOTES
that creates the need for a practical religious faith. People are
sometimes puzzled over the fact that acting as if the Highest Good
were one's end is no different from acting according to the moral
law generally; they cannot see what the demandto take the Highest
Goodas one's end amounts to. The answer is that the adoption of
this end is itself a sort of action, and one that is practically
equivalent to taking up a virtuous attitude of will - resolving
to act not merely according to duty but from duty.
2. Despite an awkwardnessof translation here, it is obvious that this
means our rational desires are only influenced by the conception of
things as good or bad, and not that we can have a rational desire
for what is bad.
3. Somediscussion of egoism and its oddities might be useful in sup-
porting this point. For examples, Nagel on the egoist as a sort
of solipsist in The Possibility of Altruism, Chapter XI; G.E. Moore
in Principia Ethica, Sections 59-61; and Brian Medlin, "Ultimate
Principles and Ethical Egoism.11
Acting FromDuty
In order to show that pure reason can be practical, or, to say the
same thing, that there is a practical employmentof pure reason, it is
not enough to show that there is a law of reason that applies to actions.
It must also be shownthat it is possible for us to be motivated to
act on that law. For Kant, the purely rational action is not merely
one that is in accord with the law, but one that is done from the law.
The truly worthy action is done from respect for the law, and motivated
entirely by reason. Whatwe need is at least a picture of howthis is
possible, of what it is like. Andthis is especially important because
of the power of the Humeanpicture on which the usual argument against
rational motivation is based: every action receives its motivational
impetus from desire for an end, reason cannot dictate an end, therefore,
reason cannot motivate an action.
In considering the Fonnula of Universal Law, it is clear that Kant
moves the discussion onto different grounds by introducing the idea of
a maxim,and of the rational standards that apply to maxims. Maxims
are the basic objects of the will, and ends are adopted in the context
of maxims: hence it seems no longer to be a question of whether there
is a specially rational end or not: the influence of reason on action
is accounted for by the existence of rational standards applying to
maxims. Wetest our maximsto see whether or not these standards are
met, and accept or reject them accordingly - this is the influence of
216
217
this: that the law makes the duty into the motive. The
first presents an action as a duty, and this is a merely
theoretical recognition of a possible determination of the
power of choice [Willkur], i.e. of a practical rule. The
second connects the obligation to act in this way with a
ground for determining the subject's power of choice
[Willkur] as such.
•.. The legislation that makes an action a duty and also
makes the duty the motive is ethical. But the legislation
that does not include the motive 1n the law and so per-
mits a motive other than the Idea of duty itself is juridi-
cal ...
-The mere conformity or non-conformity of an action with
the law, without reference to the motive of the action, is
called its legalita (lawfulness). But that conformity in
which the Idea of uty contained in the law is also the
motive of the action is called its morality. (MM16-17/218-
219)
This distinction is used this way: duties of virtue are those that ad-
mit only of an ethical legislation, whereas duties of justice admit of
either ethical or juridical legislation. So Kant says that all duties
belong to ethics, at least indirectly; and when a juridical duty is done
from duty 11it is still a virtuous action (a proof of virtue)." (MM18/
220)
Kant says that we can be compelled to do a duty of justice (e.g.
MM18/220), but we cannot be compelled to do it from duty. Ethical legis-
lation is internal and autonomous. This connects the idea of ethical
legislation to the notion of an end, for:
That ethics is a doctrine of virtue (doctrine officiorum
virtutis - [doctrine of the offices of virtue]) follows from
the above definition of virtue whenwe connect it with the
kind of obligation proper to ethics. - Determination to an
end is the only determination of choice which in its very
concept excludes the possibility of compulsion through natural
means by another's act of choice. Another can indeed compel
me to do something tfiat,s not my end (but only a means to
his end), but he cannot compel me to make it .!!!lend. To have
an end which I have not myself madean endwouTdbe a self-
contradiction - an act of freedom which is still not free.
- But it is no contradiction that I myself set an end which
is also a duty, since I constrain myself to it and this is
altogether consistent with freedom. (DV39/381-382)
223
(DV53-54/393)
It is often thought that Kant used the pairs of tenns "narrow and
wide" "perfect and imperfect" interchangably. Gregor, for example,
finds it a problem that perfect duties appear in the Doctrine of Virtue,
which is explicitly about wide duties. 1 Certainly there is evidence for
this view: to my knowledgeKant makes no statement about the use of the
226
two sets of tenns, and there are places where he opposes "narrow and
perfect" to "wide and imperfect". (e.g. DV113/446) In the Foundations
discussions of the examples, the two distinctions are lined up. I do
not want to enter at length into this confused issue, except to point
out that whatever one makes of the tenninology, perfect duties do have
a natural place in a doctrine of virtue. Even in the Foundations, Kant
remarks that since a perfect duty is one that admits of no exceptions
in the interests of inclination, he recognizes both inner and outer per-
fect duties. (G 39n/421n) The place for perfect duties in a doctrine of
virtue would be this: once you have adopted an end, you have perfect
duties of omission with respect to actions that ar~ contrary to that
end. If you make humanity in your ownperson your end, there may be
latitude about what you will do to further and promote it, but you have
a strict duty not to do the thing that would absolutely eliminate it:
to commitsuicide, say, or to use your own rational nature as a manipu-
lated means by engaging in lying or servility. These duties of omission
are certainly strict, for they admit of no exception at all; yet they
are associated with adopted, obligatory ends. Although the duty in
general is wide and does not give rise to specific maximsof actions, it
does give rise to specific prohibitions, and these duties are perfect.
Finally, Kant distinguishes the two "first principles" upon which
the doctrine of law and the doctrine of virtue are based, and claims that
the first principle of law is analytic and that of virtue is synthetic.
He explains as follows:
Weneed only the principle of contradiction to see that, if
external compulsion checks the hindering of hannonious outer
freedom in accordance with universal laws (and is thus an
obstacle to the obstacles to freedom), it could harmonize with
ends· as such. I need not go beyond the concept of freedom to
see that anyone may take whatever he pleases as his end.
227
from pure reason in general, but taking the existence of pure practical
reason as a Fact), we can suppose it to start from the assumption that
pure practical reason is possible (because actual) and to consider the
conditions under which it is possible. Then the argument goes: take
it that pure practical reason is possible; then reason by itself must
be able to detennine action. To do this, it must be able to make it a
law to have a certain maximof action. Only an obligatory end can make
it a law to have a certain maxim, so if pure practical reason is possible
there must be an obligatory end. But pure practical reason can pre-
scribe an end only if the end is a duty, and this means that the end
must be one which it can be a universal law for everyone to have. Hence
the first principle of the doctrine of virtue is: act according to a
maximof ends which it can be a universal law for everyone to have. For
what in the relation of man to himself and others can be an end, that
is an end for pure practical reason.
In his remarks about this first principle, it is clear that the end
to which the principle directs us is humanity (man as such), and, I
think, whatever ends are consistent with the value of humanity. At this
point, the argument must be like the argument leading to the Formula
of the End in Itself, for Kant moves inmediately to the idea that one
must both refrain from treating humanity as a mere means and do something
positive to express the fact that humanity is one's end. The particular
ends to which this first principle leads us are of course the ends as-
sociated with the second contradiction test: the happiness of others
and one's own perfection. So I suppose that when he speaks of what can
be an end, he means what has the right rational status to be an end:
whatever end can be universalized. In effect, this argument, like the
230
argument for the Formulaof the End in Itself, says that pure practical
reason is only possible if something is an objective end; but for
reasons we have seen before, only if humanity is valued as an end in
itself can there be any objective ends. Henceyou must make humanity
your end, and that will involve an inner commitmentboth to not treating
humanityas a mere means and to treating humanity, positively, as an
end. That, as we have already said, involves making the ends of others
your ends; whatever can be an end, is an end for pure practical reason -
and whatever can be an end is whatever can be made an end consistent with
the value of humanity. The argument, put intuitively, moves us from a
commitmentto pursuing only what is good to a conmitmentto pursuing
whatever is good, on the grounds that pure reason can be practical only
if we can be movedto pursue something solely by the fact that it is
good.
Supposing instead that by 11determine the maximsfor action
(since every maximcontains an end)11 Kant means 11set a rational standard
for maxims"the deduction might proceed as follows. If pure practical
reason is possible, it sets a standard for maxims(that they must be
able to be willed universally). If it sets a standard for maxims, how-
ever, it sets a standard for ends, for every maximcontains an end,
and so if somemaximsare accepted and some rejected, so are some ends.
Furthermore, if somemaximsmust be accepted, so must someends: the
ends associated with the maximsthat must be accepted are objective ends.
Since humanity is the material of the moral law, one could presumably
movefrom the idea that somemaximsmust be accepted to the idea that
humanitymust be made an end. This reading finds some support in Kant's
emphasis on the fact that every maximcontains an end.
231
Howeverthat may be, it is clear that the end to which Kant thinks
the principle of virtue directs us is humanity, and the duties of virtue
are those that arise from the fact that we ought to make humanity our
end. Pursuing one's own perfection and the happiness of others are
ways of acting that express the fact humanity is one's end; indeed, the
whole of the Doctrine of Virtue consists of a careful, detailed, expli-
cation of howa person will act when she has made humanity in her own
person and that of others an end in itself. The duties of justice,
by contrast, involve ways of acting consistently with external freedom;
they describe a way of acting, but say nothing about the reasons we are
to act in that way. This means that it is whenyour action is governed
by the fact that you have made humanity an end in itself that it is a
truly reasonable action.
which shows up in all of our decisions and choices - it may be, during
the whole course of our life. In the Critique of Practical Reason,
Kant says:
There are cases in which men, even with an education which was
profitable to others, have shownfrom childhood such depravity,
which continues to increase during their adult years, that
they are held to be born villains and incapable of any im-
provement of character; yet they are judged by their acts,
they are reproached as guilty of their crimes; and indeed,
they themselves find these reproaches as well grounded as if
they, regardless of the hopeless quality ascribed to their
minds, were just as responsible as any other men. This could
not happen if we did not suppose that whatever arises from
man's choice (as every intentional act undoubtedly does) has
a free causality as its ground which from early youth expresses
its character in its appearances (its actions). These actions,
by the unifonnity of conduct, exhibit a natural connection.
But the latter does not render the vicious quality of the will
necessary, for this quality is rather the consequence of the
freely assumed evil and unchangeable principles. (C2 103/
99-100)
Since all choices and decisions are madeon the basis of maxims, and
since our character governs our choices and decisions, Kant pictures our
character as consisting in a sort of highest or most fundamental maxim.
This highest maximis most fundamental both in the sense that it
234
governs all other decisions and choices and the adoption of maxims
generally, and in the sense that nothing (no further maxim)governs it:
it is an original choice. Since we are responsible for our character,
Kant sees the fundamental maximas being itself a sort of act. It is
the Willkur's choice of a law for its ownoperations - it is the choice
of a principle of choice .
... the judgment that the agent is an evil man cannot be
made with certainty if grounded on experience. In order,
then, to call a man evil, it would have to be possible a
priori to infer from several evil acts done with consciousness
of their evil, or from one such act, an underlying evil maxim;
and further, from this maximto infer the presence in the a-
gent of an underlying ground, itself a maxim, of all particu-
lar morally-evil maxims. (R 16)
... the source of evil cannot lie in an object determining
ll,can lie oty
the Willkur through inclination, nor yet in a natural impulse;
in! rule made~ the Willkur for the use of
1ts freedom my emphasls] that is, in a maxim. But now it
iirust not be considered pennissable to inquire into the sub-
jective ground in man of the adoption of this maximrather
than its opposite. If this ground were not itself a maxim
but a mere natural impulse, it would be possible to trace the
use of our freedom wholly to determination by natural causes;
this,however, is contradictory to the whole notion of freedom.
Whenwe say, then, Manis by nature good, or, Manis by nature
evil, this means only that there is in him an ultimate ground
(inscrutable to us) of the adoption of good maximsor of evil
maxims(i.e. those contrary to law), and this he has, being
a man; and hence he thereby expresses the character of his
species. (R 17)
The tenn "act" can apply in general to that exercise of free-
domwhereby the suprememaxim(in harmonywith the law or con-
trary to it} is adopted by the Wi11kur, but a 1so to the exer-
cise of freedom whereby the actions themselves {considered
materially, i.e. with reference to the objects of the Willkur}
are perfonned in accordance with that maxim. The propens1ty
to evil, then, is an act in the first sense (aeccatum origin-
arium), and at the same time the formal groun of all unlawful
conduct in the second sense, {R 26}
The original act of the Willkur, then, is to adopt a maximwhich will
govern its subsequent operations: a rule for the use of its freedom;
it is clear from these passages and the first book of the Religion
235
generally, that this maximwill be for or against the moral law. The
moral law, as the law of practical reason, is dictated by the Wille,
and ought to be the maximof the Willkur. The nature of the fundamental
maximis this: it detennines which of the incentives associated with
self-love or the incentive of respect for the moral law will be the
unconditioned condition of the other. Both sorts of incentives inevita-
bly influence us, for it is part of our predisposition that they should.
(R 21) But it is for the Willkur to detennine whether it will satisfy
the demandsof self-love only when they are consistent with morality,
or, on the contrary, satisfy the demandsof morality only when they are
consistent with self-love. It does this by the way in which these in-
centives are incorporated into the fundamental maxim:
... freedom of the Willkur is of a wholly unique nature in
that an incentive can determine the Willkur to action only
so far as the individual has incorporated ,t into his maxim
(has made it the general rule in accordance with which he will
conduct himself); only thus can an incentive, whatever it
may be, co-exist with the absolute spontaneity of the Willkur
(i.e. freedom). But the moral law, in the judgment of reason,
is in itself an incentive, and whoever makes it his maximis
morally good. (R 19-20)
The law, rather, forces itself upon him irresistably by virtue
of his moral predisposition; and were no other incentive work-
ing in opposition, he would adopt the law into his supreme
maximas the sufficient determining ground of his Willkur;
that is, he would be morally good. But by virtue of an equally
innocent natural predisposition he depends upon the incentives
of his sensuous nature and adopts them also {in accordance
with the subjective principle of self-love) into his maxim.
If he took the latter into his maximas in themselves wholl{
adequate to the determination of the WilTkur, without troub ing
himself about the moral law (which, after all, he does have
in him), he would be morally evil. Nowsince he naturally
adopts both into his maxim, and since, further, he would find
either,7fit were alone, adequate in itself for the deter-
mination of the Willkur, ...
... the distinction between a good man and one who is evil
cannot lie in the difference between the incentives which they
adopt into their maxim(not in the content of the maxim), but
rather must depend upon the subordination (the form of the
maxim), i.e. which of the two incentives he makes the condition
236
virtue.
It is here that the objective ends come in; for in order to carry
out the virtuous resolution, one must freely adopt the ends of practical
reason:
For since the sensuous inclinations tempt us to ends (as the
matter of choice) which.may be contrary to duty, legislative
reason can check their influence only by another end, a moral
end set up against the ends of inclination, which must there-
fore be given a priori independently of the inclinations.
(DV38/379-380T
This passage, which appears almost at the beginning of the Doctrine of
Virtue, can be read as follows. Suppose you attempt this moral revolu-
tion, establfshing the moral incentive as supreme and sufficient for
your will. You resolve to do this. and in doing so you resolve to defeat
the universal humanpropensity to evil - the tendency to self-conceit,
and the temptation to allow self-love to be legislative. Nowwhat this
amounts to is adopting humanity, as an end in itself, as your own
unconditioned end. This can be seen both from the identity of the
fonnulae of the categorical imperative and from the nature of the pro-
pensity of evil which is to be defeated: it is a propensity to rank
your own happiness higher than humanity. Nowhumanity is not an end to
be achieved but an end not to be acted against; and since our humanity
just is our capacity to confer value through rational choice, the way
not to act against it is to act according to the categorical imperative,
in the Formula of Universal Law, which is the one that gives the right
way of acting in detail. To make the categorical imperative as far as
possible your law is not different from making humanity your end. Virtue
is made possible by adopting the categorical imperative materially.
This act, the adoption of humanity as one1 s highest end,makes it possible
to divest the sensuous inclinations of the self-conceit that plays their
238
is not as if, having adopted the obligatory ends as objective and per-
manent objects of the Willkur, you at that momentwork out the meansyou
will use to promote them, for all the rest of your mortal life. Nor
can you really be said to have made something your end if all that
amounts to is that you acknowledgeit to be an end, and refrain from
acting against it. Instead, a person who has an end must both take
action to promote it and also be alert to its occasions. Youcan only
be said to really have something as your end if you are inclined to
notice whenyour circumstances involve opportunities to promote or rea-
lize that end or threats to it and ff you are inclined to act according-
ly. Consider an example. Suppose one man says of another: "The
happiness of my friend is my end; it is very important to me; it is
one of the things that I care most about in the world." One thing we
may then expect of this man is that he will do something - take action -
to secure the happiness of his friend. But we will also expect that
the manwill be alert, in manyways, to the occasions relevant to the
happiness of his friend: we expect the happiness of his friend to occur
to him under such circumstances. For example, when he sees something
that his friend would like or care about, he remembersto tell his
friend about it, or if it is an object perhaps even buys it for his
friend; or when something happens that will be relevant to his friend's
interests and concerns, this relevance occurs to him. This is, to
varying extents, the way our ownprivate ends effect us; they color our
perceptions of the world. A- psychological theory of what it really
means to have something as one's end would tell us howthis occurs;
but I do not think that anyone as yet has such a theory. 6 Yet it is
unquestionable that something like this goes on; it is perception, not
240
and events as they bear upon our private ends. In order to attain
virtue, we must learn to look beyond our private happiness to the in-
terests of humanity. Weneed not sacrifice our happiness or leave it
out of account, but we must learn at least to make it secondary to
this higher end. And there is no question that the more thoroughly
and perfectly humanity as an end in itself becomesthe end we have in
view in our actions, the more we are likely to devote outselves to
the obligatory ends. To do so is rational in a double sense. It is
rational because the moral law commandsthat humanity as an end in it-
self be the limiting condition of all our demandsfor happiness; and it
is rational because in the pursuit or promotion of an obligatory end we
engage in a kind of action that is motivated entirely and purely by
practical reason, with no impetus from the sensuous incentives at all.
the moral determination of the will (e.g. that the due action
should also be done from the motive of duty), are not duties
of virtue. Only an end winch is alsoa duty can be ca~led a
duty of virtue. For this reason there can be manyduties
of virtue (and also manydifferent virtues), while there is
only one fonnal element of moral choice (one virtuous atti-
tude of will), which is, however, valid for all actions.
(DV41/383)
But what it is virtuous to do is not necessarily a duty
of virtue in the proper sense. The practice of virtue can
have to do merely with the formal aspect of our maxims, while
a duty of virtue is concerned with their matter - that is with
an end which is also conceived as a duty. (DV55/394-395)
The third thing concerns the division of the material from
the formal (purposefulness from lawfulness) in the principle
of duty. Regarding this, it should be noted that not every
obligation of virtue (obligatio ethica) is a duty of virtue
(officium etfiicum s. virtutis): reverence for law as such
does not yet estabTish an end as a duty, and only an obliga-
tory end is a duty of virtue. - Hence there is only one
obligation of virtue, whereas there are Tan~ duties of virtue;
for there are indeed manyobjects which it 1s our duty to have
as our ends, but only one virtuous attitude of will, as the
subjective ground detennining us to fulfill our duty. This
ethical obligation extends over juridical duties too, but
it does not entitle them to be called duties of virtue. (DV
73/410)
These passages seem explicitly to divide off the specific duties of vir-
tue, which involve ends, from juridical duties done ethically, which do
not. There are, however, several difficulties with taking this as Kant's
whole or final view of the matter. First, if there are any positive
duties of justice, then in these cases it looks as if not only an omis-
sion but an action and its maximare required of us. But it is only an
end that can make it a law to have a certain maxim. Second, Kant some-
times says things, in the introduction to the Doctrine of Virtue itself,
which suggest that we are either acting under the influence of a freely
adopted end or we are acting under complusion. Third, the duty to do
one's duty from the motive of duty appears here as an obligatory end -
the end of cultivating one's moral perfection - and Kant is very con-
244
one of the passages where Kant seems to oppose free action, which is
based upon a freely adopted end, with compelled action {where another
coerces you by way of some end you already have}. There Kant says that
detennination to an end is the only determination of choice which in
11
say that we must make an end of our capacity to act without any end;
that is, of our capacity to act from pure respect for the law. Yet
if this end were always involved in our motivation whenwe act, or try
to act, from duty, then for~' rational action would always involve
an obligatory end. For us, that is, the pure juridical act would always
be mediated by the attempt to realize a certain end - the end of living
up to humanity in our ownperson.
A notorious difficulty with this view, and one recognized by Kant,
is that moral perfection is a wide duty. As Kant himself points out,
it looks as if it is our rigorous duty always to do our duty from the
motive of duty. Kant explains why it is not in terms of our incapacity
to know(for certain) our ownmaxims: A thing cannot be absolutely
cormnanded
of us whenwe have no way of telling whether we are fulfilling
the conmandor not. He explains as follows:
Man's greatest moral perfection is to do his duty and this
from a motive of duty (to makethe law not merely the rule
butaTso the motive of his actions). - Nowat first sight
this looks like a narrow obligation, and the principle of
duty seems to prescr1be with the precision and strictness of
a law not merely the legality but also the morality of every
action, the attitude of will. But in fact the law, here
again, prescribes only the maximof the action: a maximof
seeking the ground of obligat1on solely in the law and not in
sensuous inclination {advantage or prejudice). It does not
prescribe the action itself. - For man cannot so scrutinize
the depths of his own heart as to be quite certain, in even
a single action, of the purity of his moral purpose and the
sincerity of his attitude, even if he has no doubt at all
about the legality of the action .
•.• The law does not prescribe this inner action in the human
mind itself but only the maximof the action: the maximof
striving with all one's might to make the thought of duty for
its ownsake the sufficient motive of every dutiful action.
(DV52-53/392-393)
The above passage is from the Introduction. In the body of the text,
Kant says:
In the first place, this duty consists, subjectively, in
248
duty it is the rights of humanity that serve as the primary end. Be-
yond this, it seems as if Kant allows for a certain flexibility with
regard to the attitude of the will. Perhaps the end in view is the
entire final end - the Highest Good; perhaps one sees oneself as aiming
at the rights of humanity in this case, or as aiming at the universal
juridical condition of perpetual peace; or perhaps one is straining
for one's ownpurity and perfection of wi.11. Kant says that there are
various ends, and so various virtues:
Like anything formal, virtue considered as the will 1 s
firm resolution to conform with every duty is always one.
But in relation to the obligatory end of action or what one
ought to make one's end (the material element in the maxim),
there can be manyvirtues. And since obligation to the maxim
of such an end is called a duty of virtue, there are many
duties of virtue. (DV55/395)
The most important thing about this picture of acting from duty is
that the person whose action is from duty and so is purely rational is
not therefore seen as acting without an end. This person is not motiva-
ted by an inclination for this end, but by reason - and the end is an
end of reason. But the person has the end and acts with the end in
view. The Kantian ideal of good character is not a vision of a person
who is somehow
motivated by fonnal considerations of practical logic
instead of thinking about humanity and its rights and its happiness.
It is rather a vision of a person who, in taking up the standpoint of
practical reason, has made humanityand the interests of humanity, his
or her highest end.
going about our daily pursuits and leading our private lives, are doing
something which, if not wrong, is certainly far less than right. In
pursuing our own happiness we may be doing something permissible; but
in pursuing the happiness of others we would be doi.ng something worthy.
In pursuing our own happiness we are doing something that reason allows,
· but it is not fully motivated by reason - it is motivated by inclina-
tion - and if we gave the time to the obligatory ends we could be doing
something rational instead. In the Foundations, Kant even speaks of
inclinations as something of which a rational being should prefer to
be altogether free. (G 46/428) It is true that later, in the Religion,
he goes back on this view:
Nowthe ground of this evil ... cannot be placed, as is so
commonlydone, in man s sensuous nature and the natural incli-
1
nations arising therefrom. For not only are these not directly
related to evil .•• we must not even be considered responsible
for their existence (we cannot be, for since they are implan-
ted in us we are not their authors). (R 30)
Natural inclinations, considered in themselves, are go?1'
that is, not a matter of reproach, arid 1t ,snot only fut, e
to want to extirpate them but to do so would also be harmful
and blameworthy. Rather, let them be tamed and instead of
clashing with one another they can be brought into a harmony
in a wholeness which is called happiness. (R 51)
But although inclinations and the happiness that is founded on them need
not be a matter of reproach, it is also not a matter of credit, as is
the pursuit of the obligatory ends.
NowI think it is correct that, on Kant1 s view, the virtuous person
would devote as muchtime as possible to the promotion of obligatory
ends, and attempt to limit the satisfaction of her wholly private incli-
nations to her true needs. But I do not think that this means we are to
picture the virtuous life as one in which private pursuits are constantly
being set aside or abstained from altogether to make room for the doing
260
of 11good deeds", nor do I think that Kant intends to portray the vir-
tuous life as being necessarily, in an emotional sense, self-sacrifi-
cing. Weneed only remind ourselves of two things in order to dispel
the vision of an ascetic life that might seem to result from Kant's
views about virtue. One is the great scope of activities and projects
that can be plausibly construed to fall under the rubric of things
done for the sake of the obligatory ends. The other is _the important
fact that a person can find satisfaction and pleasure in the achieve-
ment of an end, so long as it has truly becomehis end, regardless of
the motives that led him to adopt the end and make it his own.
In regard to the first point, it need only be pointed out what a
wide range of everyday activities serve to promote the happiness of
someoneelse or to increase one's natural perfections. Speaking of the
width of duties, Kant says:
... a wide duty is not to be taken as a permission to make ex-
ceptions to the maximsof actions, but only as a pennission
to limit one maximof duty by another {e.g. love of one's
neighbor in general by love of one's parents) - a pennission
that actually widens the field for the practice of virtue.
{DV49/390)
One satisfies the duty of contributing to the happiness of others in
part simply in the course of the ordinary activities of friendship and
family life. So long as one's aim is genuinely to increase the happiness
of parent, child, spouse, or friend this is action taken towards the
obligatory end. Similarly, Kant speaks of the pursuit of natural per-
fections (a heading under which a greater portion of those of our
activities that are reasonably mentally or physically healthy can be
taken to fall) as being directed by the sort of life we choose to lead:
As to which of these natural perfections should take
precedence amongour ends and in what proportion to one
another we should make them our ends in keeping with our duty
261
will come:
Helping others to achieve their ends is a duty. If a man
practices it often and succeeds in realizing his purpose, he
eventually comes to feel love for those he has helped. Hence
the saying: you ou ~t to love your neighbor as yourself, does
1
not mean: you shou immediately (first) love him and (after-
wards) through the mediumof this love do good to him. It
means, rather: do good to your fellow-man, and this will
give rise to love of man in you (as an aptitude of the in-
clination to beneficence in general). (DV62-63/402)
By an 11aptitude of the inclination 11
, Kant does not mean that you come
to choose to do beneficent acts out of inclination, for then your choice
would not be worthy. He means rather that you may, with help from na-
ture and fortune, develop a structure of inclinations which allows you
to take pleasure in the achievement of this freely adopted end. The
end can continue to be your end because of its goodness, not because
of its pleasantness, even after it has becomepleasant to you. A range
of feelings, amongthem pleasure, follow from the adoption of ends, as
well as sometimespreceding them and motivating their adoption. And
appropriate feelings are, except in special circumstances of temperament
or fortune, the natural result of the adoption of ends. So although it
cannot be a direct duty to have a certain feeling, as Kant so often in-
sists, it can almost be an indirect one. For it can be a duty to have
an end, and the possession of the end will ordinarily bring the appropri-
ate feelings with it. It is this fact, I think, that enables Kant, in
spite of all that he says about howwe cannot be held responsible for
the temperamentand feelings that fonn the passive part of our nature,
to put forth for gratitude and sympathetic feeling as duties to others
in the Doctrine of Virtue. Sidgwick was surprised by this, and I am
certain other readers must be so as well:
In the case of Gratitude even the rigidity of Kant seems
to relax and to admit of an element of emotion as indispen-
263
moral perfections. Kant says that the perfect duties are concerned
with man's moral health and preservation, and the imperfect duties
.•• belong to his moral wealth... which consists in having
the power to realize all his ends, in so far as this can be
acquired; they belong to his cultivation of himself (as
active perfecting). (DV82/419)
The duties to others are divided differently: they are divided into
duties of love and duties of respect.
I have identified our "humanity"quite specifically with the power
to confer value upon an object through rational choice: to set an end,
and pursue it by rational means. All of the duties of virtue are
based upon the idea of placing a proper value on humanity in this sense,
and can be understood in terms of it. The duties to oneself as an
animal and a moral being, for instance, involve treating one's natural
person in such a way that its contribution to our capacity to set and
pursue ends is not diminished. It is the correllative of the imperfect
duty to cultivate natural perfections. Thus, for example, gluttony and
drunkenness are forbidden because
•.. as a result of overindulgence in food he is, for a certain
time, incapacitated for such actions as would require adroit-
ness (skill) and deliberation in the use of his powers. (DV
90/427)
With great delicacy Kant even rates the viciousness of these evils ac-
cordingly: gluttony is worse than drunkenness, since the latter is
at least stimulating to the imagination, whereas the former makes all
our faculties passive. Of the forms of drunkenness, spirits are worse
than wine, as wine is enlivening but spirits tend to make their users
withdrawnand silent. Indeed, wine at a proper-sized dinner party is
even a good thing, because it encourages a moral end: the exchange of
ideas. (DV91-92/428) That last is noteworthy: the exchange of ideas
267
someone,as in a false promise, the person you deceive does not get
to decide whether he will contribute to this end {your having the
money)or not. If you respect the person, in the sense of respecting
his reason, you will perhaps put the facts before him and just ask for
the money. Youtrust to his reason to reach a good conclusion, and of
course you take a risk, for he maydecide not to give it to you. But
you owe it to him as a rational being and fellow first cause to let him
determine whether this is a good end which he cares to promote or not.
Whenyou make the false promise, on the contrary, you are manipulating
him, and in particular you are manipulating his reason. Youmay even
say to yourself, "if he thinks he is going to get his moneyback, he
will surely give it to me, so I will get him to think that". His reason
to you is a sort of machine, and you knowwhat levers to pull to get
the desired results. Youtreat him as a machine and not as a rational
being with the right to decide for himself what to think and what to
do, and the right to his share in determining the destiny of things.
You exclude him from value-conferring and rational legislation.
This is why lying is for Kant a paradigm case of treating someone
as a mere means and not at the same time as an end. The use of language
is the case in which we seemmost clearly to be addressing one another
as rational beings, and addressing one another's reason. Languageis
what enables rational beings to form a communityin which each can play
a legislative role. Unless one is in some special context (singing a
song, telling a joke or a story), to address someoneis to imply that
you appeal to that person as a fellow rational being and a fellow citizen
in the communityof Reason. If you then say, not what you think is true,
not what is on your mind or in your heart, but what you think will pro-
271
voke the right response, you degrade that person's very reason into
a tool for the achievement of your ownends. And this is exactly what,
according to the material fonnulation of the categorical imperative,
immorality is. So lying is a basic fonn of immoralconduct. Andof
course a pervasive form, too. For there may be no more everyday temp-
tation than the temptation ( even in our dealings with those cl o·sest to
us) to withhold something, or to embellish a story, or to place an
emphasis, so as to try to ensure that we get the reaction we want.
Wheneverwe do this, we manipulate. Andwheneverwe manipulate, unwill-
ing to take the risk of trusting to the other's reason, we fail to treat
the other as an end in himself or herself. Wehave, in however small
a way, violated the conditions of rational community,and failed to
live up to the ideal of the Kingdomof Ends. And we have, in however
small a way, been guilty of something that is the basic form of inmoral
conduct towards others - we have refused to treat another person as an
end, but made him or her into a means to our ownprivate ends.
Kant is so aware of our tendency to this sort of thing that he
identifies the skill of a man in having an influence on others so as
11
to use them for his ownpurposes11 as one of the primary meanings of the
w9rd prudent."
11
(see G 33n/416 and ANTH
183/322) The other meaning is
the more usual one: the ability to unite one's purposes into a system
for happiness. It should be obvious nowthat the moral law curbs
prudence in both of these senses. Respect for others demandsnot only
a generous view of another's reason and her right and capacity to use
it, but, as a consequence, an unflinching straightforwardness and
honesty.
Youact according to a maximadopted by the will, and whenyou will
272
you (assuming you have no choice but either to give it or to lie) you
have only done what is due, and it remains his action. It is partly
in the fact that our just actions may have, through these accidents,
bad results, that Kant finds the need of reason on which he bases his
doctrine of practical religious faith. Youmay hope that the laws of
nature are so arranged that these wrongs will be righted in the end.
But if you take control of the situation, and try to control it through
the instrumentality of the murderer's reason, you makeyourself at
least part cause of whatever happens.
I do not mean to suggest that this reading of these passages will
make them any more palatable to those who find them objectionable.
Somewill still find the doctrine intolerable; others may think that
although it may be true that whenwe make tools of others we must take
the consequences to ourselves, this is something that we ought to take
the risk of doing in cases of the sort Kant describes. I do not want
to settle that. What the reading does help to show is what sort of
thing Kant thinks is involved in the requirement of treating humanity
as an end in itself. Since the very basis and meaning of immorality is
that we treat others as mere means to our own private ends, instead of
giving them the respect due to free and equal rational beings, Kant
thinks this is to be avoided at all costs. Weowe it to the humanity in
ourselves and each and every other humanbeing that everyone be treated
as an end in itself;that we appeal to each person's reason freely and
frankly, granting them at any cost their inviolate right to legislation
in the Kingdomof Ends. Kant's rigorism is not to be understood as a
product of his trying to cling to logical principles in the face of all
moral insight and perception, but rather as the result of the high ideal
275
NOTES
278
279
in the Second Section of the Foundations that have the form "if there
were a categorical imperative ... , 11 and that in his review of the formulae
Kant lists three. 1 The third is a Formulaof Autonomyin the Kingdomof
Ends, namely:
.•. all maximswhich stem from autonomouslegislation ought
to harmonize with a possible realm of ends as with a realm
of nature. (G 55/436)
Kant tells us that this formula provides 11a complete determination of all
maxims"and the "all-comprehensiveness or totality of the system of ends."
(G 55/436) Earlier he has explained that the Formula of Autonomyleads to
the concept of the Kingdomof Ends. (G 51/433) Other versions employing
the notion of the Kingdomof Ends are:
The rational being must regard himself always as legislative
in a realm of ends possible through the freedom of the will,
whether he belongs to it as memberor as sovereign. (G 52/434)
..• every rational being must act as if he, by his maxims,
were at all times a legislative memberin the universal realm
of ends. (G 57/438)
Act according to the maximsof a universally legislative
memberof a merely potential realm of ends.... (G 57/439)
The Formula of Autonomytells us that we are to act as if we were
legislating membersin the Kingdomof Ends. As legislators, we must
choose universal laws, and so the only difference between this and the
Formulaof Universal Lawis the emphasis on the fact that it is we who
make the laws, who give ourselves the laws. Kant explains that he
arrives at the Formulaof Autonomyby combining the other two formulae:
Objectively the ground of all practical legislation lies
(according to the first principle) in the rule and in the form
of universality, which makes it capable of being a law (at
most a natural law); subjectively, it lies in the end. But
the subject of all ends is every rational being as an end in
itself (by the second principle); from this there follows the
third practical principle of the will as the supreme condition
of its harmonywith pure practical reason, viz., the idea of
the will of every rational being as making universal law.
280
the other two, Kant again gives us an argument of the form: if there
were a categorical imperative, this is what it would have to be like.
And this time it is a motivational argument, for its point is that if
there were a categorical imperative, it would have to be a law that we
give to ourselves, an autonomouslaw.
Thus the principle of every humanwill as a will giving
universal laws in all its maximsis very well adapted to being
a categorical imperative, provided it is otherwise correct.
Because of the idea of universal lawgiving, it is based on no
interest, and, thus of all possible imperatives, it alone can
be unconditional. Or, better, converting the proposition:
if there is a categorical imperative (a law for the will of
every rational being), it can only commandthat everything be
done from the maximof its will as one which could have as its
object only itself considered as giving universal laws. For
only in this case are the practical principle and the impera-
tive which the will obeys unconditional, because the will can
have no interest as its foundation. {G 50-51/432)
The argument for this appropriateness is a familiar one by this
point in the Foundations. Since obligation is a kind of rational neces-
sity, we must regard ourselves as subject to the law - as bound in some
way to follow it. But there are only two ways to be subject or bound to
a law: either your will is autonomousor it is heteronomous. If your
will is autonomous, the law on which it acts is your own law, and you
are subject to the law only because it is the law of your ownwill. If
your will is heteronomouswith respect to a law, you are bound to that
law by some external interest: that is, you are motivated to obey the
law by your interest in some promised reward or threatened punishment
that you associate with the law. In that case the law itself does not
interest you, for if you could achieve your end some other way, that
would be fine with you. This already shows that moral motivation cannot
be heteronomous, for in moral motivation we are directly interested in
the law itself. But in any case it is clear that a heteronomousrela-
tion of the will to a law implies that the will is acting on a
282
hypothetical imperative: because of your interest in such and such an
end, you ought to do this. Hence if your will's relation to the law is
heteronomous, you are not acting on a categorical imperative. Since it
is a contradiction that we should be bound to the categorical imperative
by an interest (that would make it hypothetical), the only way we can be
bound to a categorical imperative is autonomously. The moral law must
be an autonomousprinciple of the will if we are bound to it at all,
which is to say if it exists at all.
If we now look back upon all previous attempts which have
ever been undertaken to discover the principle of morality,
it is not to be wonderedat that they all had to fail. Man
was seen to be bound to laws by his duty, but it was not seen
that he is only bound to act in accordance with his own, yet
universal, legislation, and he is only bound to act in accor-
dance with his ownwill, ••.. For if one thought of him as
subject only to a law (whatever it may be), this necessarily
implied some interest as a stimulus or compulsion to obedience
because the law did not arise from his ownwill. Rather, his
will was constrained by something else according to a law to
act in a certain way. By this strictly necessary consequence,
however, all the labor of finding a supreme principle for duty
was irrevocably lost, and one never arrived at duty but only
at the necessity of action from a certain interest. This might
be his own interest or that of another, but in either case the
imperative always had to be conditional and could not at all
serve as a moral command. (G 51/432-433)
Kant's deduction or validation of the moral law, both in the
Foundations and in the Critique of Practical Reason, depends essentially
on the claim that the moral law, as an autonomousprinciple which the
will makes and gives to itself, is the law of a free will: that "a free
will and a will under moral laws are identical." {G 65/447) This identi-
fication is the first step in the argument of the Third Section of the
Foundations, and it is obvious from the dispatch with which Kant makes
it that he thinks that the argument of the Second Section has thoroughly
prepared the way for it. Nowany deduction of the moral law will have
two parts: Kant must first show that a free will and a will under moral
283
laws are identical, and he must then show us what reason we have to
believe that we have a free will and so really are under moral laws. In
the Third Section of the Foundations and in the section on the Deduction
in the Critique of Practical Reason, it is the second part of this task
that concerns Kant: the establishment (for practical purposes) of the
freedom of the will. Nowin one sense the moral law has not been fully
proved to be a law of practical reason, binding on every rational being,
until the entire deduction or validation is complete. Yet in another
sense the argument for the status of the categorical imperative as a law
of reason is completed once the identification of a free will and a will
under moral laws has been made. For the will is practical reason, and
"reason must regard itself as the author of its own principles 11
(G 67/
448): if a free will and a will under moral laws are really one, then
moral laws have been shownto be the laws of a fully practical reason.
At this point we do knowhowa fully rational being would behave: it is
only our own capacity for this kind of behavior that is still in ques-
tion. Since my concern has been with the establishment of the categori-
cal imperative as a law of pure practical reason, my task will be com-
pleted with an examination of this first step of the deduction. In what
follows, therefore, I am going to examine Kant's identification of a free
will and a will under moral laws, and to defend this identification
against an important objection.
Kant introduces his discussion this way:
As will is a kind of causality of living beings so far as
they are rational, freedom would be that property of this
causality by which it can be effective independently of
foreign causes determining it, just as natural necessity is
the property of the causality of all irrational beings by
which they are determined in their activity by the influence
of foreign causes. (G 64/445-446)
284
This, however, is merely negative freedom - the independence of the will
from detennination by alien causes. The will in its activity - its choice
of maxims- is not directed or determined by any laws of nature. Wecan
easily imagine what it would be like for us to be determined in our choice
of maximsby some psychological law of nature. Suppose, to keep it sim-
ple, that there is such an ascertainable quality as the "strength of
desire", and it is a non-trivial psychological law of nature that we al-
ways seek the end which at any given momentwe most desire. {It isn't
really easy to imagine our behaving in this way, which would be rather
extraordinary, but it is easy to follow the example.) Nowif this were
so, nature would always be ready to dictate a certain maximof ends, and
we could calculate the means to get a (detennined) maximof action about
what to do to seek that end. But if the will is free there is no such
law of nature: all of our maxims, at every level, would be freely chosen.
Indeed, to have a free will is just to really have a will, for a will is
the capacity of acting according to one's conception of laws. (G 29/412)
But although nature does not determine the activity of our will, and does
not give a law to it, the will must have some principle and some law, for:
Since the concept of a causality entails that of laws accord-
ing to which something, i.e., the effect, must be established
through something else which we call cause, it follows that
freedom is by no means lawless even though it is not a pro-
perty of the will according to laws of nature. Rather, it
must be a causality according to immutable laws, but of a
peculiar kind. Otherwise a free will would be an absurdity.
{G65/446)
Either a free will has some principle in accordance with which it chooses
its maxims, or it chooses its maximsat random. But the second option is
absurd. The absurdity can be brought out in a numberof related ways.
Kant says the will is a causality, and a causality must have some law.
A thing that functions at randomis the very opposite of a causality.
285
The will aims at an effect (every maximhas an end), but a thing that
operates randomly aims at nothing, by definition. One can also use a
Humeanargument here. If freedom of the will means that actions are
taken at randomor by chance, we could hardly appeal to it as a basis
for responsibility: indeed it is hard to see how the possessor of such
a will himself could knowvery far in advance what he was likely to do
next. 3 Finally - the point is always the same - one can make the same
sort of argument about the will that Leibniz made about God. The will
is supposed to be practical reason, but a will that acted at random
would have no reason for what it does. This is contrary to our views of
what a reason is and does.
What else, then, can the freedom of the will be but autonomy,
i.e., the property of the will to be a law to itself? The
proposition that the will is a law to itself in all its
actions, however, only expresses the principle that we should
act according to no other maximthan that which can also have
itself as a universal law for its object. And this is just
the formula of the categorical imperative and the principle
of morality. Therefore a free will and a will under moral
laws are identical. (G 65/446-447)
If a free will must have a law, but in order to be free must be seen as
choosing its own law or maximat every level, then one might say that
the only law it ever has any reason to choose is its own law. So if the
moral law is the law of autonomy, it will be the law of a free will. And
Kant thinks he has established that the moral law is the law of autonomy,
so he readily depends upon that here. That is all there is to this part
of the argument.
But it is possible, at a second glance, to feel deeply puzzled over
the readiness with which Kant takes himself to have established this
point. After all, the main point that the argument establishes is that
the free will must be an autonomouswill: it must give itself its own
law; that is howwe must think of it. But howcan it matter which law
286
it gives itself? Even if we grant that a will acting under the autono-
mousmoral law is free in a way that a will determined by the laws of
nature is not, there is still another case: namely that of a will which
freely gives itself a law, but not the moral law. Such a will is autono-
mous in the sense that it directs its own activities, and makes its own
law, even though autonomyis not as it were the content of its law. Per-
haps a will could decide to give itself a law just like the imaginary
law of nature for an unfree will that I considered before: the law of
acting on its strongest desire. Since it is negatively free there is
nothing to prevent the free will from making this choice, or any other.
And then we can raise the question: in what sense would a will that
chose that law to govern its subsequent activities be any less free, or
any less autonomous, than a will that chose the moral law to govern its
activities. Both would be independent of the laws of nature, and each
would be autonomousin the bare sense of having chosen its own principle
of choice. This question becomeseven more important when we consider
that, in order that it be held responsible, an evil will must be regarded
as having chosen its ownlaw. So where does the difference lie?
This worry seems to have been on Sidgwick's mind when he criticized
Kant for depending on a conflation of two different notions of freedom.4
Sidgwick distinguished what he called "GoodFreedom"or "Rational Free-
dom"from what he called Neutral or Moral Freedom." Sometimes, we say
11
that a person acts more freely the more thoroughly he acts under the
guidance of reason - this is Goodor Rational Freedom. Sidgwick supposes
that we talk and think of the matter this way when we are thinking of the
conflict between reason and passion: when reason wins we are free and
in control, when passion wins we are unfree and mastered. Neutral or
Moral Freedom, by contrast, is the freedom to choose between good and
287
evil. Sidgwick argues that the two notions are quite different:
... it is clear that if we say a man is a free agent in pro-
portion as he acts rationally, we cannot also say, in the
same sense of the term, that it is by his free choice that
he acts irrationally when he does so act. The two notions
of freedom must be admitted to be fundamentally different
in the two statements ...• 5
Sidgwick believes that Kant intends the notion of Neutral or Moral Free-
domwhen he is thinking about responsibility, and Goodor Moral Freedom
when he is urging the rationality of moral action. But he also thinks
that Kant simply conflates the two notions, and he cites the very pas-
sages I have just been discussing in evidence of that.
Similarly, in an earlier work, he explains that "since the
conception of causality involves that of laws... though free-
domis not a property of the will depending on physical laws,
yet it is not for that reason lawless; on the contrary, it
must be a causality according to inmutable laws, but of a
peculiar kind; otherwise, a free will would be a chimera
(Unding). And this immutable law of the "free" or autono-
11 11
termine the Willkur to action .Q!!}l~ far~ the individual has incorpora-
ted it into his maxim(has made it the genera~ rule in accordance with
which he will conduct himself)" (R 19). Hence the Willkur's choice of a
highest maximis a choice of which amongthe available incentives will be
the basis of this maxim. For purposes of this argument the responsive-
ness of the humanwill in general to moral motives is taken for granted.
Part of the predisposition of the humanwill is a predisposition to per-
sonality which consists in the capacity for respect for the moral law as
in itself a sufficient incentive of the will. (R 21-23) Ultimately, as
Kantsees it, 8 the Willkur's choice comesdownto a choice between a moral
maxim(the categorical imperative itself as highest maxim)and a maximof
self-love. Nowthis is the choice that is in question in the issue that
has been raised. Kant's view, which Sidgwick has challenged, is that the
Willkur, in choosing a moral maxim, somehowaffirms, exercises, or
achieves its autonomy, whereas if it chooses a maximof self-love, it
does not. The difficulty, as I have described it, is that in either case
the Willkur has chosen its ownmaxim,and is to that extent autonomous.
290
use of its freedom" is the moral law, which in effect tells it to remain
a free Willkur. The moral law describes the situation of a free will and
297
NOTES
BIBLIOGRAPHY
I. Worksby ImmanuelKant
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Critique of Practical Reason. (1788) Translated by Lewis White Beck.
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ImmanuelKant's Critique of Pure Reason. (1st edition 1781, 2nd
edition 1787) Translated by NormanKempSmith. NewYork: Macmillan,
St. Martin's Press, 1965.
The Doctrine of Virtue: Part II of the Metaphysics of Morals. (1797)
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1964.
"The End of All Things" (1794) Translated by Robert E. Anchor. In On
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Grundlegungzur Metaphysik der Sitten. Edited by Karl Vorlander.
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Lectures on Ethics. (Lectures from 1775-1780, first published by
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& Co., 1930. rpt. NewYork: Harper Torchbooks, 1963.
The Meta h sical Elements of Justice: Part I of the Meta h sics of
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