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Hermann Cohen’s “neo-Kantian” critique of capitalism is primarily ethical. It is anchored in the principle that social relations must include people as ends in themselves, never merely as means. But Cohen draws on law to exemplify such inclusion: artificial legal persons such as cooperatives incorporate members as free and equal. I criticise Cohen for downplaying the constraints involved and, further, for only gesturing toward the role of law in capitalism. Kantian principles, if not Kant’s own views, can help address these flaws. I suggest that the form of capitalism rests on money, employment, and another sort of legal person, the business corporation.
Corporations are legal bodies with duties and powers distinct from those of individual people. Kant discusses them in many places. He endorses universities and churches; he criticises feudal orders and some charitable foundations; he condemns early business corporations' overseas activities. This Element argues that Kant's practical philosophy offers a systematic basis for understanding these bodies. Corporations bridge the central distinctions of his practical philosophy: ethics versus right, public versus private right. Corporations can extend freedom, structure moral activity, and aid progress towards more rightful conditions. Kant's thought also highlights a fundamental threat. In every corporation, some people exercise the corporation's legal powers, without the same liabilities as private individuals. This threatens Kant's principle of innate equality: no citizen should have greater legal rights than any other. This Element explores the justifications and safeguards needed to deal with this threat. This title is also available as Open Access on Cambridge Core.
Many have complained that Kant’s ethics provides little specific guidance as to how we should act. In contemporary healthcare, professionals act in large-scale organizational contexts, with complex reward structures, and in many cases belong to professional bodies that determine the ethical obligations associated with particular roles.
The claim that happiness and virtue ought to be proportionate to one another has often been expressed in the idea of a future world of divine justice, despite many moral difficulties with this idea. This paper argues that human efforts to enact such a proportionment are, ironically, justified by the same reasons that make the idea of divine justice seem so problematic. Moralists have often regarded our frailty and fallibility as reasons for abstaining from the judgment of others; and doubts about our deserving some proportionment of happiness or unhappiness often arise insofar as virtue and vice may be explained on a causal basis. This paper argues that our fallibility and our susceptibility to social influence render judgment and response indispensable, because – given these characteristics – our actions and responses decide the morality that we actually share with one another. In this situation, to ‘judge not’ is to abandon the field to those with no such scruples.
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