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This chapter scrutinises the framework within which Kant decides to conduct his argument against Constant. Constant argues that the would-be murderer has forfeited his right to be told the truth. Kant argues that the duty to be truthful does not depend on that kind of right; that Constant fails to distinguish between truth and truthfulness with sufficient care; and that one should distinguish the question of whether lying is permissible (licence to lie) in emergencies from the question of whether lying is ever morally required (obligation to lie). In the 1797 essay, Kant addresses the second question through the first. If there is never a licence to lie, there can be no obligation to do so.
The sense of duty is a virtue of caring, not directly about the good, or even about justice, but about doing one’s duty. Insofar as doing what one takes to be one’s duty is in fact to do what is good, the sense of duty functions as a backup for the more direct virtues of caring – generosity, compassion, and truthfulness, as well as justice. Being a virtue of caring, the sense of duty can be expressed in emotions: a feeling of satisfaction in having done one’s duties or feelings of guilt or shame at having neglected them. The sense of duty can vary, emotionally, according to how one conceives the authoritative source of duty, on a spectrum from reverence, through respect, to resentful acceptance. Example of the extremes beyond the spectrum are some Hebrew psalmists’ delight in the law of God and the contempt of the utter moral cynic.
The textbook Immanuel Kant assigned for his course on Naturrecht was Gottfried Achenwall’s Natural Law. In the Feyerabend transcript of his course (1784), Kant not only explains Achenwall’s text but also criticizes him and expounds his own alternative theory. Since it is not always obvious from the lecture notes whether Kant is explaining Achenwall, criticizing him, or presenting his own theory, one must know the basics about Achenwall’s positions when reading Kant’s Feyerabend lectures. In this essay, we introduce Achenwall and his handbook to readers of Kant’s Feyerabend lectures. We start with some background information and then discuss Achenwall’s position on freedom and obligation, natural law and right, and his theory of property and the state. We end by pointing out a few of the main points of disagreement between Kant and Achenwall that emerge from the Feyerabend lectures.
In this work, I contribute to the debate on the status and legitimacy of principled disobedience in a democratic polity. After introducing the notion, I move to argue that principled disobedience can be framed not only as a moral and political stance but also, and without contradiction, as a legal requirement. As a result, it will be maintained that not only can we engage in principled disobedience without necessarily violating our legal obligations, but these obligations may actually mandate principled disobedience. This framing of the problem of principled lawbreaking makes the proposed discussion distinctive and original in virtue of its claim—namely, that we may have not only a moral justification to disobey the law but a legal obligation to do so, an obligation to break the law on principled legal grounds.
Chapter 3 focuses on notarial credit. Because notaries drafted various kinds of contracts related to individuals, families, and household wealth, scholars have emphasized the exceptional access they had to a vast array of information. With such information, especially regarding creditworthiness, notaries could overcome asymmetric information, lower transaction costs, and match lenders and borrowers effectively, precluding the role of banks until the nineteenth century. Recent historiography highlights, therefore, their role as intermediaries between investors and borrowers. In rural areas, where most individuals knew each other, were related to each other, and conducted business on a daily basis with each other, this brokerage role bore another meaning. This chapter look closely at the various types of notarial contracts and their characteristics.
We have little basis to doubt (a) that we have good reasons to worship God, (b) that God is worthy of worship, (c) that worship of God is reasonable, (d) that it is unreasonable not to worship God, and (e) that worshipping God is obligatory. But none of these normative states of affairs amounts to or entails our owing God worship. The central aim of this chapter is to show that we do not by nature owe God worship; our owing God worship could be no more than a contingent matter. That our owing God worship is contingent does not entail or even suggest that there is any imperfection or limitation in God, and there are good reasons to hold that it is an attractive view of the relationship between God and humans that our owing God worship is a matter of a special contingent relationship between God and us rather than something that holds by nature.
In international affairs, legal arguments and political actions shape each other. Unlike in domestic affairs, there is no enforcement authority, and hence there is much debate over how international law affects politics. Many existing approaches do not help us to assess what implementation efforts tell us about a state’s commitment to international law. Some study the effect of law on state behaviour but have a too static understanding of law and state preferences. Others focus on the justificatory discourse that accompanies norm implementation but do not assess individual states’ commitment to contested norms. This chapter studies what a state’s effort to implement a norm tells us about its sense of obligation towards that norm. I propose there are three signposts of obligation in the words and actions that accompany a state’s norm implementation: consistency, publicity, and engagement with the international community. I show that depending on whether the behaviour and discourse of a state displays a strong or weak sense of obligation, we can characterise a state’s norm implementation as exposing weak or strong normative influence or discursive or behavioral norm avoidance. I illustrate these different degrees with cases that involve a variety of different norms and states.
The Cambridge Platonists’ philosophy of religion might be summed up as a tension between their commitment to the fixed nature of reason and goodness on the one hand and a commitment to freedom and distaste for all forms of tyranny and imposition on the other. This last chapter contends that the Cambridge Platonists not only acknowledge this tension, but embrace it, revelling in the paradoxical way that absolute fixedness and absolute freedom come together at the highest levels of being. This is made possible by what Stephen Darwall (writing specifically of Cudworth) has identified as an early theory of ‘practical reason’. This Platonic theory of practical reason draws together all the elements of the Cambridge Platonists’ outlook considered in earlier chapters – moral realism, divine communicative intent, and participatory epistemology, illustrating the extent to which this Platonic outlook binds together not only the thought of Whichcote, More, Cudworth and Smith but also runs through each of their views on different philosophical topics such as obligation, freedom and pedagogy.
This chapter focuses on the ways in which English infantrymen understood duty and how their perceptions of their military role drew both on military and civilian culture. It underlines the differences between officers’ and other ranks’ understanding of their obligations. The army itself defined duty, like morale, as a set of ‘moral’ criteria. Officers’ duties were defined in their commissions and the King’s Regulations; their duty, at least to their men, was of an infinite nature. In contrast, the rank-and-file’s ‘contract’ with the military was finite and secular. In 1914, regulars viewed their job with a clinical and professional eye. However, for reservists and the civilian soldiers that followed them, the idea of ‘doing one’s bit’ came to dominate their perception of duty. Importantly, though, the cultural pressure of ‘respectability’ (drawn from both the military and civil society) informed their rationalisation of service. ‘Military cultures’ were also influential, particularly those of cheerfulness and obedience, which informed men’s actions, attitudes, and performance. What is more, the need to maintain ‘good character’ also exerted its own pressures. Men’s wartime record would influence their prospects once peace returned. Significant, too, was the soldiers’ perceived duty to England. After all, they were the defenders of the homeland.
Drawing on recent jurisprudential literature that emphasizes the role and function performed by obligation, this article examines how the ethical doctrine of informed consent has been implemented in the context of health-care reforms in China. It argues that, while the Chinese incorporation of informed consent has sought to empower patients, the major medical laws and social policies fail to instantiate the obligations. Along with this failure, the Chinese medical laws have also failed to secure the bond of trust between them. This article also points out that a rounded analysis of the implementation of informed consent in China must take into account the obligation and function of the major components of the health-care delivery system other than physicians and hospitals, such as health-care insurance schemes.
Christian Wolff (1679–1754) was a profoundly important philosopher during the eighteenth century. ‘Wolffianism,’ broadly defined as adherence to Wolff’s teachings, was taught and promoted at all the major German universities for decades. Kant was educated and began his career within an environment that was dominated by discussion between proponents of and opponents to Wolff’s philosophy. This chapter contains a complete translation of Chapter 1 of Part 1 of Wolff’s ‘German Ethics’ (1720), in which Wolff gives a general overview of almost all the core features of his ‘universal practical philosophy.’ The translation contained in this chapter therefore serves as a concise introduction to Wolff’s ethics in general, and one that is especially helpful for better understanding Kant’s explicit reference to Wolff’s principle of perfection in the second Critique (see 5:40), among other things.
Christian August Crusius (1715–1775) was one of the most important German philosophers in the middle of the eighteenth century. His series of four German textbooks offered a systematic and sophisticated alternative to Wolffianism. Kant was at the beginning of his academic career when Crusius’ philosophical works were first published, so it is not surprising that Kant would come to be influenced by Crusius’ philosophy. This chapter contains a translation of selections from books 1 and 2 of Crusius’ Guide to Living Rationally (1744), capturing his theory of the will and desire, his theory of freedom, his voluntarist theory of ethics, his theory of the end of human life, and his moral proof of the immortality of the soul. The selections will help readers better understand Kant’s reference to Crusius’ moral philosophy as one based on the “will of God” (5:40), among many other things.
A core feature of Kant’s Critical account of moral motivation is that pure reason can be practical by itself. I argue that Kant developed this view in the 1770s concerning the principium diiudicationis and principium executionis. These principles indicate the normative and performative aspects of moral motivation. I demonstrate that cognition of the normative principle effects the moral incentive. So, the hallmark of Kant’s Critical account of motivation was contained in his pre-Critical view. This interpretation resolves a controversy about Kant’s apparent eudaimonism in the first Critique and shows that he developed his account of moral autonomy in the 1770s.
The following chapters examine the theoretical upshots of the positive epistemological view proposed in this book. The account developed so far delivers the result that epistemic justifiers constitute epistemic oughts. In this chapter, I discuss the worry that such accounts threaten to give rise to widely spread epistemic dilemmas between paradigmatic epistemic norms. I argue for a modest scepticism about epistemic dilemmas. In order to do that, I first point out that not all normative conflicts constitute dilemmas: more needs to be the case. Second, I look into the moral dilemmas literature and identify a set of conditions that need to be at work for a mere normative conflict to be a genuine normative dilemma. Last, I argue that while our epistemic life is peppered with epistemic normative conflict, epistemic dilemmas are much harder to find than we thought.
Attending to the peculiar significance of finance(s) and the financier in Old Regime France, this article analyzes narratives that rehabilitate both, circa 1740-1755, in their political, social and biographical contexts. Positive representations are not thought to have been common. Yet following the Law debacle, restoration of traditional court finance resulted in effective administrative practices, universalizing policies and opportunities for merit, combined with money, to drive advancement, competing with hereditary privilege. Across genres, Charles Pinot-Duclos and Charles de Fieux, the Chevalier de Mouhy, depicted how upstart elites enact virtue, philanthropy and patriotism through finance. Their depictions reflected State policies and served common interests of writers and their protectors and patrons. Yet by emphasizing tensions in mid-century society, their texts also challenged readers to reflect critically on relations among finance, politics, society and indebtedness, anticipating a later focus on political economy as such. For today's readers grappling with dilemmas of modern finance, society and obligation, they provide provocative precedents.
This chapter examines the first idea-complex of equality and obligation evident in WTO law by identifying each of its constituent elements and their inter-relationship as a coherent whole, that is, the way they align and thread together. The WTO Agreement’s focus on equality and distributive justice begets a primary emphasis in law on obligation, which in turn gives rise to a constitutive structure that is prospectively oriented and reasoned deductively.
The issue of consent to international law obligations and liabilities remains both highly complex in theory and extremely relevant in practice. Although the topic has been addressed quite regularly in the form of articles and chapters, there have been, surprisingly for such a central topic, few monographs on consent to international law in general and no edited volume in English language. Re-examining the issue of consent to international law in depth and in the contemporary circumstances of international law is a timely project therefore. The best way to do so in a rich and nuanced way is to give a voice to many authors at the same time, and this is the purpose of this collection of essays. This introduction sets the volume’s stage: first, it clarifies the relevance of the issue and the reasons that led to putting the book together; second, it introduces the main conceptual and normative challenges addressed in the volume and explains what it hopes to achieve; third, it provides some information about how the book is structured; and, finally, it sketches out the content of its successive chapters and their articulation.
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.
The purpose of this paper is to reject what I call the entitlement model of directed obligation: the view that we can conclude from X is obligated to Y that therefore Y has an entitlement against X. I argue that rejecting the model clears up many otherwise puzzling aspects of ordinary moral interaction. The main goal is not to offer a new theory of obligation and entitlement. It is rather to show that, contrary to what most philosophers have assumed, directed obligation and entitlement are not the same normative concept seen from two different perspectives. They are two very different concepts, and much is gained by keeping them distinct.
Of particular concern in the literature on business is the importance of trust and the disabling consequences of broken trust on business partnerships. Chapter 3 draws on extensive interviews in exploring the issue of trust, and reports novel findings which lead to new theoretical formulations. It has been central in sociological understanding that embeddedness in social and business exchanges generates and maintains interpersonal trust. Should opportunistic behaviour or violation of trust occur it is routinely assumed that such breaches would be exposed or punished, including reputation loss and exclusion from future exchange opportunities. What is less explored is that breaches of trust in many instances may not lead to disclosure of such a behaviour or termination of exchange relationships. Chapter 3 expands our understanding of broken trust. It identifies and explores mechanisms which operate in avoidance of confrontation, exposure and retaliation in instances of breaches of trust and also strategies employed by entrepreneurs in continuation of exchange relationships with violators of trust. The chapter examines underexplored aspects of the complexity and dynamics of business exchange relations and points to a rethinking of trust and social exchange.