This page intentionally left blank Kant’s Moral and Legal Philosophy Kant’s Moral and Legal Philosophy brings to English readers the finest postwar German-language scholarship on Kant’s moral and legal philoso- phy. Examining Kant’s relation to predecessors such as Hutcheson, Wolff, and Baumgarten, it clarifies the central issues in each of Kant’s major works in practical philosophy, including The Groundwork of the Metaphysics of Morals, The Critique of Practical Reason, and The Metaphysics of Morals. It also examines the relation of Kant’s philosophy to politics. Collectively, the essays in this volume provide English readers with a direct view of the way leading contemporary German philosophers now look at Kant’s revolutionary practical philosophy – one of the outstanding achieve- ments of German thought. Karl Ameriks is McMahon-Hank Professor of Philosophy at the University of Notre Dame. A recipient of fellowships from the Humboldt Foundation, the National Endowment for the Humanities, the American Council of Learned Societies, and the Earhart Foundation, he is the author of several books, including Kant’s Theory of Mind and Kant and the Fate of Autonomy, and editor of The Cambridge Companion to German Idealism. He is also coedi- tor of the series Cambridge Texts in the History of Philosophy. Otfried Höffe is Professor of Philosophy at the University of Tübingen and permanent visiting Professor of the Philosophy of Law at the University of St. Gallen. He is also Doctor Honoris Causa of the University of Porto Allegre (PUCRS), Fellow of the Heidelberger Akademie der Wissenschaften, and Fellow of The German Academy of Sciences Leopoldina. He is the author of Immanuel Kant, Political Justice, Categorical Principles of Law, Aristotle, Kant’s Cosmopolitian Theory of Law and Peace: Democracy in an Age of Globalisation, and many other books in German. He has coedited Hegel on Ethics and Politics, edited Lexikon der Ethik and Lesebuch zur Ethik, and is editor of Zeitschrift für philosophische Forschung, the series Denker, and Klassiker Auslegen. With Robert Pippin, he is coeditor of the Cambridge series The German Philosophical Tradition. The German Philosophical Tradition This series makes available in English for the first time important recent work by German philosophers on major figures in the German philosoph- ical tradition. The volumes provide critical perspectives on philosophers of great significance to the Anglo-American philosophical community, perspectives that have been largely ignored except by a handful of writers of German philosophy. The dissemination of this work will be of enor- mous value to Anglophone students and scholars of German philosophy. Otfried Höffe is Professor of Philosophy at the University of Tübingen. Robert B. Pippin is Evelyn Stefansson Nef Distinguished Service Professor in the Committee on Social Thought, Department of Philosophy, and the College, University of Chicago. Kant’s Moral and Legal Philosophy Edited by Karl Ameriks University of Notre Dame Otfried Höffe University of Tübingen Translated by Nicholas Walker CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521898713 © Cambridge University Press 2009 This publication is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2009 ISBN-13 978-0-511-54021-9 eBook (EBL) ISBN-13 978-0-521-89871-3 hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. Information regarding prices, travel timetables, and other factual information given in this work are correct at the time of first printing, but Cambridge University Press does not guarantee the accuracy of such information thereafter. Contents acknowledgments page ix contributors xi works by kant xv Introduction 1 Karl Ameriks and Otfried Höffe I EARLY CONCEPTIONS 1 Hutcheson and Kant 29 Dieter Henrich 2 The Theory of Obligation in Wolff, Baumgarten, and the Early Kant 58 Clemens Schwaiger II GROUNDWORK OF THE METAPHYSICS OF MORALS 3 What Is the Purpose of a Metaphysics of Morals? Some Observations on the Preface to the Groundwork of the Metaphysics of Morals 77 Ludwig Siep 4 The Transition from Common Rational Moral Knowledge to Philosophical Rational Moral Knowledge in the Groundwork 93 Dieter Schönecker 5 Reason Practical in Its Own Right 123 Gerold Prauss vii viii ConTenTs 6 Kant’s Justification of the Role of Maxims in Ethics 134 Michael Albrecht III CRITIQUE OF PRACTICAL REASON 7 The Form of the Maxim as the Determining Ground of the Will (The Critique of Practical Reason: §§4–6, 27–30) 159 Otfried Höffe 8 ‘On the Concept of an Object of Pure Practical Reason’ (Chapter 2 of the Analytic of Practical Reason) 179 Annemarie Pieper 9 The Dialectic of Pure Practical Reason in the Second Critique (CPrR:107–121) 198 Eckart Förster 10 The Postulates of Pure Practical Reason (CPrR:122–148) 213 Friedo Ricken IV LEGAL AND POLITICAL PHILOSOPHY 11 On How to Acquire Something External, and Especially on the Right to Things (A Commentary on the Metaphysics of Morals §§10–17) 231 Kristian Kühl 12 ‘The Civil Constitution in Every State Shall Be a Republican One’ 246 Wolfgang Kersting 13 Commentary on Kant’s Treatment of Constitutional Right (Metaphysics of Morals II: General Remark A; §§51–52, Conclusion, Appendix) 265 Bernd Ludwig 14 Refusing Sovereign Power – The Relation between Philosophy and Politics in the Modern Age 284 Volker Gerhardt bibliography 305 index 317
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