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How Hume and Kant Reconstruct Natural Law - Justifying Strict Objectivity without Debating Moral Realism (Hardcover)
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How Hume and Kant Reconstruct Natural Law - Justifying Strict Objectivity without Debating Moral Realism (Hardcover)
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Kenneth R. Westphal presents an original interpretation of Hume's
and Kant's moral philosophies, the differences between which are
prominent in current philosophical accounts. Westphal argues that
focussing on these differences, however, occludes a decisive,
shared achievement: a distinctive constructivist method to identify
basic moral principles and to justify their strict objectivity,
without invoking moral realism nor moral anti-realism or irrealism.
Their constructivism is based on Hume's key insight that 'though
the laws of justice are artificial, they are not arbitrary'.
Arbitrariness in basic moral principles is avoided by starting with
fundamental problems of social cooerdination which concern outward
behaviour and physiological needs; basic principles of justice are
artificial because solving those problems does not require appeal
to moral realism (nor to moral anti-realism). Instead, moral
cognitivism is preserved by identifying sufficient justifying
reasons, which can be addressed to all parties, for the minimum
sufficient legitimate principles and institutions required to
provide and protect basic forms of social cooerdination (including
verbal behaviour). Hume first develops this kind of constructivism
for basic property rights and for government. Kant greatly refines
Hume's construction of justice within his 'metaphysical principles
of justice', whilst preserving the core model of Hume's innovative
constructivism. Hume's and Kant's constructivism avoids the
conventionalist and relativist tendencies latent if not explicit in
contemporary forms of moral constructivism.
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