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	<title>Comments on: Justice</title>
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	<link>http://crookedtimber.org/2009/11/30/justice/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: McMurphy</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297839</link>
		<dc:creator>McMurphy</dc:creator>
		<pubDate>Sun, 06 Dec 2009 18:40:40 +0000</pubDate>
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		<description>sandel&#039;s  a neo-con pedazo de mierda.

no wonder the EotAW skank approve of him</description>
		<content:encoded><![CDATA[	<p>sandel&#8217;s  a neo-con pedazo de mierda.</p>

	<p>no wonder the EotAW skank approve of him</p>
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		<title>By: Christopher Eastwood</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297757</link>
		<dc:creator>Christopher Eastwood</dc:creator>
		<pubDate>Sat, 05 Dec 2009 14:26:37 +0000</pubDate>
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		<description>Just to balance out the apparent harshness of my judgments, can I just reiterate how impressed I was with the standard of teaching. I have NEVER (and I mean never) attended a lecture anywhere in Europe which came even close to the standard of instruction evident in these lectures. If these students failed to impress me during the course, there is no doubt that they would most likely impress me after its conclusion.</description>
		<content:encoded><![CDATA[	<p>Just to balance out the apparent harshness of my judgments, can I just reiterate how impressed I was with the standard of teaching. I have <span class="caps">NEVER </span>(and I mean never) attended a lecture anywhere in Europe which came even close to the standard of instruction evident in these lectures. If these students failed to impress me during the course, there is no doubt that they would most likely impress me after its conclusion.</p>
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		<title>By: Christopher Eastwood</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297756</link>
		<dc:creator>Christopher Eastwood</dc:creator>
		<pubDate>Sat, 05 Dec 2009 14:21:05 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297756</guid>
		<description>I live in Ireland, and I am currently studying for a Master&#039;s Degree in International Human Rights Law. I have watched these lectures with interest, and I have been amazed with the quality of the lectures. Sandel has such command over the attentions of the students, all the more impressive given the size of the theatre and the number of students in attendance. 

I must say, however, that I was shocked at how unintelligent the average students seemed to be. This is Harvard, after all, and all of these students are at least 18 years old (many are older still). Am I being unfair? I would certainly concede that isolated comments are hardly reliable portents into the students&#039; respective capabilities, yet I was still surprised. 

In Ireland, where I am from, students of this age really would be much more well informed. Aside from knowledge (one may believe that, before the age of 18, people would be better served developing aspects of their lives other than knowledge of political philosophy, and I would wholeheartedly agree) two more concerning perceptions forced their way continually into my mind... 
1. The average level of innate intelligence and thoughtfulness was much lower than I would have expected from Sophomore students at Harvard... 
2. The relatively inarticulate way many of the commenting students phrased their contributions was disappointing (all the more so if Jacob Rus is right about the extent of the post-lecture editing)...

I am sorry if this seems unreasonable. It is just that, from my experience in Ireland (and in other places in Europe) students here - on the whole - seem to be much more advanced in their intellectual development by this age. Here, this would be especially true for those especially who have had every possible opportunity in life (such as nearly all of the students in Sandel&#039;s class).</description>
		<content:encoded><![CDATA[	<p>I live in Ireland, and I am currently studying for a Master&#8217;s Degree in International Human Rights Law. I have watched these lectures with interest, and I have been amazed with the quality of the lectures. Sandel has such command over the attentions of the students, all the more impressive given the size of the theatre and the number of students in attendance.</p>

	<p>I must say, however, that I was shocked at how unintelligent the average students seemed to be. This is Harvard, after all, and all of these students are at least 18 years old (many are older still). Am I being unfair? I would certainly concede that isolated comments are hardly reliable portents into the students&#8217; respective capabilities, yet I was still surprised.</p>

	<p>In Ireland, where I am from, students of this age really would be much more well informed. Aside from knowledge (one may believe that, before the age of 18, people would be better served developing aspects of their lives other than knowledge of political philosophy, and I would wholeheartedly agree) two more concerning perceptions forced their way continually into my mind&#8230;<br />
1. The average level of innate intelligence and thoughtfulness was much lower than I would have expected from Sophomore students at Harvard&#8230;<br />
2. The relatively inarticulate way many of the commenting students phrased their contributions was disappointing (all the more so if Jacob Rus is right about the extent of the post-lecture editing)&#8230;</p>

	<p>I am sorry if this seems unreasonable. It is just that, from my experience in Ireland (and in other places in Europe) students here &#8211; on the whole &#8211; seem to be much more advanced in their intellectual development by this age. Here, this would be especially true for those especially who have had every possible opportunity in life (such as nearly all of the students in Sandel&#8217;s class).</p>
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		<title>By: JoB</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297505</link>
		<dc:creator>JoB</dc:creator>
		<pubDate>Thu, 03 Dec 2009 17:24:54 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297505</guid>
		<description>His existence is a set of facts that disprove the thesis of 53 re intellectual relics.</description>
		<content:encoded><![CDATA[	<p>His existence is a set of facts that disprove the thesis of 53 re intellectual relics.</p>
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		<title>By: geo</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297503</link>
		<dc:creator>geo</dc:creator>
		<pubDate>Thu, 03 Dec 2009 17:17:37 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297503</guid>
		<description>Novakant: Yes, I suppose I sounded pretty cavalier. I know we&#039;ve got to have some working notion of personal responsibility, for everyday legal and moral purposes, and the traditional concept of &quot;free will&quot; serves that purpose well enough. In my own upbringing (and for most of Western history), it served another, less benign purpose as well: ie, as the rationale for eternal punishment, which could hardly be justified if our behavior were caused rather than uncaused (ie, &quot;free,&quot; in the theological sense). So once humanity is free of the awful incubus of eternal damnation, radical pragmatists will no longer fuss about &quot;free will.&quot;

Well, maybe a little. &quot;Free will&quot; also makes some mischief in the realm of social policy. It lets the rest of us off too easily from helping lazy, foolish, or even depraved people, who are said to be &quot;responsible&quot; for their own bad behavior and its consequences. Yes, they are responsible -- in the sense that we shouldn&#039;t give them a free pass for that behavior; but no, they&#039;re not responsible -- in the sense that we mustn&#039;t ignore the probably large and intricate web of causes that produced it, almost always including inadequate material, social, and intellectual resources in early life. Of course, ignoring those causes is exactly what conservatives want to do, since addressing them would cost money, which said conservatives have of course earned through their own free and responsible behavior and are not going to part with for the sake of some damn deadbeats.

JoB: How exactly does Davidson&#039;s existence entail the existence of free will?</description>
		<content:encoded><![CDATA[	<p>Novakant: Yes, I suppose I sounded pretty cavalier. I know we&#8217;ve got to have some working notion of personal responsibility, for everyday legal and moral purposes, and the traditional concept of &#8220;free will&#8221; serves that purpose well enough. In my own upbringing (and for most of Western history), it served another, less benign purpose as well: ie, as the rationale for eternal punishment, which could hardly be justified if our behavior were caused rather than uncaused (ie, &#8220;free,&#8221; in the theological sense). So once humanity is free of the awful incubus of eternal damnation, radical pragmatists will no longer fuss about &#8220;free will.&#8221;</p>

	<p>Well, maybe a little. &#8220;Free will&#8221; also makes some mischief in the realm of social policy. It lets the rest of us off too easily from helping lazy, foolish, or even depraved people, who are said to be &#8220;responsible&#8221; for their own bad behavior and its consequences. Yes, they are responsible&#8212;in the sense that we shouldn&#8217;t give them a free pass for that behavior; but no, they&#8217;re not responsible&#8212;in the sense that we mustn&#8217;t ignore the probably large and intricate web of causes that produced it, almost always including inadequate material, social, and intellectual resources in early life. Of course, ignoring those causes is exactly what conservatives want to do, since addressing them would cost money, which said conservatives have of course earned through their own free and responsible behavior and are not going to part with for the sake of some damn deadbeats.</p>

	<p>JoB: How exactly does Davidson&#8217;s existence entail the existence of free will?</p>
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		<title>By: JoB</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297447</link>
		<dc:creator>JoB</dc:creator>
		<pubDate>Thu, 03 Dec 2009 08:43:39 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297447</guid>
		<description>&quot;tackled with the means of cogsci&quot;?

Who told you cogsci had means to tackle the free will. Don&#039;t take him or her seriously.

On 53: Davidson. Whether he&#039;s right or wrong, the fact he existed shows you&#039;re wrong.</description>
		<content:encoded><![CDATA[	<p>&#8220;tackled with the means of cogsci&#8221;?</p>

	<p>Who told you cogsci had means to tackle the free will. Don&#8217;t take him or her seriously.</p>

	<p>On 53: Davidson. Whether he&#8217;s right or wrong, the fact he existed shows you&#8217;re wrong.</p>
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		<title>By: novakant</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297445</link>
		<dc:creator>novakant</dc:creator>
		<pubDate>Thu, 03 Dec 2009 08:34:18 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297445</guid>
		<description>geo, I know where you&#039;re coming from, but please just take a look at almost any legal system: the supposition of free will is essential and has significant consequences for people standing trial. I&#039;d say that the supposition of free will is also of great importance to our relationships with other people and to our sense of self. Also, you would have to discard quite a bit of our everyday discourse as nonsense, if free will is not assumed. And even when tackled with the means of cogsci etc. it remains an incredibly difficult and central problem.</description>
		<content:encoded><![CDATA[	<p>geo, I know where you&#8217;re coming from, but please just take a look at almost any legal system: the supposition of free will is essential and has significant consequences for people standing trial. I&#8217;d say that the supposition of free will is also of great importance to our relationships with other people and to our sense of self. Also, you would have to discard quite a bit of our everyday discourse as nonsense, if free will is not assumed. And even when tackled with the means of cogsci etc. it remains an incredibly difficult and central problem.</p>
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		<title>By: geo</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297331</link>
		<dc:creator>geo</dc:creator>
		<pubDate>Wed, 02 Dec 2009 20:22:10 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297331</guid>
		<description>@50: &lt;i&gt;if we don’t have free will we cannot have morality&lt;/i&gt;

Why not? In fact we don&#039;t have free will, and we do have morality. Metaphysical freedom has been becoming progressively less intelligible for three hundred years and will soon be (like phlogiston, etc.) an intellectual relic. We&#039;ll still have all the same moral problems. We simply won&#039;t have morality&#039;s traditional theological baggage: ie, sin and eternal punishment.</description>
		<content:encoded><![CDATA[	<p>@50: <i>if we don&#8217;t have free will we cannot have morality</i></p>

	<p>Why not? In fact we don&#8217;t have free will, and we do have morality. Metaphysical freedom has been becoming progressively less intelligible for three hundred years and will soon be (like phlogiston, etc.) an intellectual relic. We&#8217;ll still have all the same moral problems. We simply won&#8217;t have morality&#8217;s traditional theological baggage: ie, sin and eternal punishment.</p>
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		<title>By: john c. halasz</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297313</link>
		<dc:creator>john c. halasz</dc:creator>
		<pubDate>Wed, 02 Dec 2009 18:08:45 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297313</guid>
		<description>Kant&#039;s moral philosophy was very much bound up in the architectonic of his system. The second Critique, after all, was meant to repair the gaps left by the first Critique. The paradox of the thing is that practical reason for Kant was basically pure reason made practical or construed from the practical standpoint, but, in some sense, practical reason, as &quot;will&quot;, from the outset subtended the whole system, (as Fichte was to make explicit), as if, in order for something to be true, we must will it so. But then, from one side, Kant was a sheer skeptic about &quot;free will&quot;, as the phenomenal world had, by assumption, to be construed and organized in terms of a strict linear determinism a la Newton, such that the only &quot;evidence&quot; for the &quot;free will&quot; was the painful sense of constraint one experiences, when one &quot;freely&quot; imposes upon oneself the moral law, &quot;Ehrfurcht&quot;, reverence, &quot;honor-dread&quot;. Only the compulsive &quot;necessity&quot; of the moral law, (conflated with the bindingness of norms), permits one to surmount phenomenal determinism. If TI is an empirical realism, (and thus encodes a notion of the knowledge as product, of the productivity of knowledge), it is nonetheless rooted in a purely noumenal will. Add on the strange solipsism, with the ego equivalent only to itself, such that it imposes the very law to which it is subjected, and strives to render itself &quot;identical&quot; with itself, and with the other only an intellectual posit, who is accorded respect only as equally an autonomous &quot;author&quot; of the moral law, which a forteriori can in no wise be phenomenally apparent, and the very rigorism and purism of Kantian morality, as concerned only with intentions, comes to seem &quot;grounded&quot; in sheer skepticism. It&#039;s hard to see how any of this could be &quot;saved&quot; in its original conception and form. But the placelessness, the non-situatedness of the &quot;autonomous&quot;, self-chosing individual in Kantian-type moral thought does seem to carry on the imprint of its &quot;origin&quot;.

But then the strict Laplacean determinism has long since be supplanted by more stochastic accounts of natural causality. And reflection on selfhood and agency has since become far more socialized. Habermas&#039; kind of neo-neo-Kantianism, by which he waters down, if not jettisons, the more Hegelian and Marxian aspects of his heritage (Adorno), is emphatically materialist and doesn&#039;t make appeal to TI. And it&#039;s precisely designed to try to reconcile the situated socialized &quot;nature&quot; of selves/agents and their differing ways of life with the &quot;unconditional&quot; demands of universal justice. How successful his attempted mediation is and whether an hermeneutically thicker conception of the life-world, a more Hegelian sense of the &quot;contradictoriness&quot; of the dynamics of such mediation and a more Marxian sense of its material conditioning might not be preferable as more realistic is another matter.</description>
		<content:encoded><![CDATA[	<p>Kant&#8217;s moral philosophy was very much bound up in the architectonic of his system. The second Critique, after all, was meant to repair the gaps left by the first Critique. The paradox of the thing is that practical reason for Kant was basically pure reason made practical or construed from the practical standpoint, but, in some sense, practical reason, as &#8220;will&#8221;, from the outset subtended the whole system, (as Fichte was to make explicit), as if, in order for something to be true, we must will it so. But then, from one side, Kant was a sheer skeptic about &#8220;free will&#8221;, as the phenomenal world had, by assumption, to be construed and organized in terms of a strict linear determinism a la Newton, such that the only &#8220;evidence&#8221; for the &#8220;free will&#8221; was the painful sense of constraint one experiences, when one &#8220;freely&#8221; imposes upon oneself the moral law, &#8220;Ehrfurcht&#8221;, reverence, &#8220;honor-dread&#8221;. Only the compulsive &#8220;necessity&#8221; of the moral law, (conflated with the bindingness of norms), permits one to surmount phenomenal determinism. If TI is an empirical realism, (and thus encodes a notion of the knowledge as product, of the productivity of knowledge), it is nonetheless rooted in a purely noumenal will. Add on the strange solipsism, with the ego equivalent only to itself, such that it imposes the very law to which it is subjected, and strives to render itself &#8220;identical&#8221; with itself, and with the other only an intellectual posit, who is accorded respect only as equally an autonomous &#8220;author&#8221; of the moral law, which a forteriori can in no wise be phenomenally apparent, and the very rigorism and purism of Kantian morality, as concerned only with intentions, comes to seem &#8220;grounded&#8221; in sheer skepticism. It&#8217;s hard to see how any of this could be &#8220;saved&#8221; in its original conception and form. But the placelessness, the non-situatedness of the &#8220;autonomous&#8221;, self-chosing individual in Kantian-type moral thought does seem to carry on the imprint of its &#8220;origin&#8221;.</p>

	<p>But then the strict Laplacean determinism has long since be supplanted by more stochastic accounts of natural causality. And reflection on selfhood and agency has since become far more socialized. Habermas&#8217; kind of neo-neo-Kantianism, by which he waters down, if not jettisons, the more Hegelian and Marxian aspects of his heritage (Adorno), is emphatically materialist and doesn&#8217;t make appeal to TI. And it&#8217;s precisely designed to try to reconcile the situated socialized &#8220;nature&#8221; of selves/agents and their differing ways of life with the &#8220;unconditional&#8221; demands of universal justice. How successful his attempted mediation is and whether an hermeneutically thicker conception of the life-world, a more Hegelian sense of the &#8220;contradictoriness&#8221; of the dynamics of such mediation and a more Marxian sense of its material conditioning might not be preferable as more realistic is another matter.</p>
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		<title>By: zdenekv</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-2/#comment-297297</link>
		<dc:creator>zdenekv</dc:creator>
		<pubDate>Wed, 02 Dec 2009 17:08:02 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297297</guid>
		<description>&quot;within kant’s own system, the ethics is very closely tied up with the t.i., in such a way that if we can no longer accept the t.i., then we can no longer accept kant’s own understanding of his own ethics. kant’s own system, as he understood it, is dead in the water if the t.i. is false. that was scialabba’s point.&quot;


I really dont think this is right.  His ethics is not  tied to his metaphysics in any significant way  and that is why Kantian ethics is untouched by TI being false ; TI is optional in other words.  Here are four core elements of his ethics and you will see that one doesnt have to  invoke TI at any point in spelling  them out :

1)  Kant&#039;s  distinctive and influensial notion of autonomy which he defines  as the property of the will by which it is a law to itself etc does not depend on TI .

2) His distinctive emphasis on moral principles being discoverable a priori ( another central feature and distinctive feature of Kants ethics ) is not dependent on TI at any point.

3) His important and distinctive claim that morality presents itself to human beings in the form of categorical imperative is not dependent on TI being true .

4) Kant&#039;s notion of the highest good is independent of TI.  While rational nature is v . important in his account he also offers  another conception of ultimate value that can be conceived of as the  complete object of practical reason, towards which moral action  points towards.

Kants ethics is not dependent on TI and that is of course why its been so influencial and why also it makes sense to talk about neo Kantianism-- we see in Rawls or Christine Korsgaard say--as full blown and not something unconnected to Kants philosophy.</description>
		<content:encoded><![CDATA[	<p>&#8220;within kant&#8217;s own system, the ethics is very closely tied up with the t.i., in such a way that if we can no longer accept the t.i., then we can no longer accept kant&#8217;s own understanding of his own ethics. kant&#8217;s own system, as he understood it, is dead in the water if the t.i. is false. that was scialabba&#8217;s point.&#8221;</p>


	<p>I really dont think this is right.  His ethics is not  tied to his metaphysics in any significant way  and that is why Kantian ethics is untouched by TI being false ; TI is optional in other words.  Here are four core elements of his ethics and you will see that one doesnt have to  invoke TI at any point in spelling  them out :</p>

	<p>1)  Kant&#8217;s  distinctive and influensial notion of autonomy which he defines  as the property of the will by which it is a law to itself etc does not depend on <span class="caps">TI </span>.</p>

	<p>2) His distinctive emphasis on moral principles being discoverable a priori ( another central feature and distinctive feature of Kants ethics ) is not dependent on TI at any point.</p>

	<p>3) His important and distinctive claim that morality presents itself to human beings in the form of categorical imperative is not dependent on TI being true .</p>

	<p>4) Kant&#8217;s notion of the highest good is independent of TI.  While rational nature is v . important in his account he also offers  another conception of ultimate value that can be conceived of as the  complete object of practical reason, towards which moral action  points towards.</p>

	<p>Kants ethics is not dependent on TI and that is of course why its been so influencial and why also it makes sense to talk about neo Kantianism&#8212;we see in Rawls or Christine Korsgaard say&#8212;as full blown and not something unconnected to Kants philosophy.</p>
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		<title>By: novakant</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-1/#comment-297292</link>
		<dc:creator>novakant</dc:creator>
		<pubDate>Wed, 02 Dec 2009 15:58:30 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297292</guid>
		<description>Kant&#039;s TI is very much alive and kicking. 

To cut a long story very short, Kant&#039;s problem was: if everything is governed by the laws of nature, we have determinism, if we have determinism we cannot have free will and if we don&#039;t have free will we cannot have morality. 

You can find variations on Kant&#039;s TI in numerous contemporary responses to this problem, and while his TI might not provide &quot;the answer&quot; to the problem, it  remains unsolved and Kant&#039;s approach a valid one. 

Also, Habermas relies heavily on Kantian TI and while one is of course free to reject his approach, nobody can deny that he is an influential major player in these debates.

When you talk about &quot;full-blooded kantian ethics&quot; you are simply setting an impossibly high bar and your usage of &quot;dead in the water&quot; doesn&#039;t conform to our ordinary language understanding of the expression.</description>
		<content:encoded><![CDATA[	<p>Kant&#8217;s TI is very much alive and kicking.</p>

	<p>To cut a long story very short, Kant&#8217;s problem was: if everything is governed by the laws of nature, we have determinism, if we have determinism we cannot have free will and if we don&#8217;t have free will we cannot have morality.</p>

	<p>You can find variations on Kant&#8217;s TI in numerous contemporary responses to this problem, and while his TI might not provide &#8220;the answer&#8221; to the problem, it  remains unsolved and Kant&#8217;s approach a valid one.</p>

	<p>Also, Habermas relies heavily on Kantian TI and while one is of course free to reject his approach, nobody can deny that he is an influential major player in these debates.</p>

	<p>When you talk about &#8220;full-blooded kantian ethics&#8221; you are simply setting an impossibly high bar and your usage of &#8220;dead in the water&#8221; doesn&#8217;t conform to our ordinary language understanding of the expression.</p>
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		<title>By: kid bitzer</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-1/#comment-297271</link>
		<dc:creator>kid bitzer</dc:creator>
		<pubDate>Wed, 02 Dec 2009 13:59:43 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297271</guid>
		<description>@47

within kant&#039;s own system, the ethics is very closely tied up with the t.i., in such a way that if we can no longer accept the t.i., then we can no longer accept kant&#039;s own understanding of his own ethics. kant&#039;s own system, as he understood it, is dead in the water if the t.i. is false.  that was scialabba&#039;s point.

you then change the subject by saying, &quot;but there are other people who claim some inspiration from kant, and advocate ethical systems somewhat related to his, and their systems are not evidently dead in the water--so how can we take this scialabba guy seriously?&quot;

that is not relevant to g.s.&#039;s point, unless you think that any successes on the part of the korsgaard crowd would vindicate kant&#039;s own system as kant understood it, i.e. the one that g.s. claims is vitiated by its reliance on t.i.

so, again--do you think that korsgaard is committed to the machinery of timeless noumenal selves that exist outside the manifolds of sensory experience and are exempt from physical laws? i don&#039;t think so, and so i don&#039;t think any vital signs on her part can revive kant&#039;s own t.i., or his own ethics.

saying this:  &quot;K’s constructivism is a type of TI : moral facts are created/ constructed just as the phenomenal facts are created by us etc.&quot; doesn&#039;t really change anything, since it does not show that kant&#039;s own t.i. is vindicated by neo-kantian constructivists, only that there is some other sort of quasi-idealism about the status of moral facts which might be implicated in constructivism. 

you think anemic kantian ethics (a.k.a. constructivism) entails anemic idealism (about moral facts), and you think the work of korsgaard et al. vindicates both. but that still does not show that there is anything wrong with g.s.&#039;s claim that problems with full-blooded, kantian t.i. make full-blooded kantian ethics unacceptable.</description>
		<content:encoded><![CDATA[	<p>@47</p>

	<p>within kant&#8217;s own system, the ethics is very closely tied up with the t.i., in such a way that if we can no longer accept the t.i., then we can no longer accept kant&#8217;s own understanding of his own ethics. kant&#8217;s own system, as he understood it, is dead in the water if the t.i. is false.  that was scialabba&#8217;s point.</p>

	<p>you then change the subject by saying, &#8220;but there are other people who claim some inspiration from kant, and advocate ethical systems somewhat related to his, and their systems are not evidently dead in the water&#8212;so how can we take this scialabba guy seriously?&#8221;</p>

	<p>that is not relevant to g.s.&#8217;s point, unless you think that any successes on the part of the korsgaard crowd would vindicate kant&#8217;s own system as kant understood it, i.e. the one that g.s. claims is vitiated by its reliance on t.i.</p>

	<p>so, again&#8212;do you think that korsgaard is committed to the machinery of timeless noumenal selves that exist outside the manifolds of sensory experience and are exempt from physical laws? i don&#8217;t think so, and so i don&#8217;t think any vital signs on her part can revive kant&#8217;s own t.i., or his own ethics.</p>

	<p>saying this:  &#8220;K&#8217;s constructivism is a type of <span class="caps">TI </span>: moral facts are created/ constructed just as the phenomenal facts are created by us etc.&#8221; doesn&#8217;t really change anything, since it does not show that kant&#8217;s own t.i. is vindicated by neo-kantian constructivists, only that there is some other sort of quasi-idealism about the status of moral facts which might be implicated in constructivism.</p>

	<p>you think anemic kantian ethics (a.k.a. constructivism) entails anemic idealism (about moral facts), and you think the work of korsgaard et al. vindicates both. but that still does not show that there is anything wrong with g.s.&#8217;s claim that problems with full-blooded, kantian t.i. make full-blooded kantian ethics unacceptable.</p>
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		<title>By: Chris Bertram</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-1/#comment-297269</link>
		<dc:creator>Chris Bertram</dc:creator>
		<pubDate>Wed, 02 Dec 2009 13:39:30 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297269</guid>
		<description>#44 Ah yes, because that&#039;s what I said, wasn&#039;t it? 

Actually, you said that Sandel has no &quot;working solution&quot; to the general problem of adjudicating between universal and associative values and then (falsely) implied that this would leave him paralysed in the Swiss case. I merely pointed out that wrt the general problem, we are all in same boat.</description>
		<content:encoded><![CDATA[	<p>#44 Ah yes, because that&#8217;s what I said, wasn&#8217;t it?</p>

	<p>Actually, you said that Sandel has no &#8220;working solution&#8221; to the general problem of adjudicating between universal and associative values and then (falsely) implied that this would leave him paralysed in the Swiss case. I merely pointed out that wrt the general problem, we are all in same boat.</p>
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		<title>By: zdenekv</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-1/#comment-297268</link>
		<dc:creator>zdenekv</dc:creator>
		<pubDate>Wed, 02 Dec 2009 12:53:41 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297268</guid>
		<description>Here is what Scialabba says  : 

 &quot;...Sandel pilots readers skillfully through these philosophical rapids, giving each perspective its due with admirable judiciousness and perspicacity. He is quite right to highlight the moral limits of reliance on the market, since the superior wisdom of minimally regulated markets has been our main civic shibboleth for several decades now. Also illuminating is his argument, following Aristotle, that moral judgments about one or another policy should take into account the way of life and the type of character that the community in question aspires to produce.Nevertheless, to one who subscribes, as I do, to the James/Dewey/Quine/Rorty tradition of philosophical pragmatism, it is a little difficult to take Aristotle or Kant seriously. (It is, I should think, impossible for anyone at all to take Friedman and Nozick seriously.) Aristotle&#039;s impersonal telos-es and Kant&#039;s transcendental idealism are simply dead in the water, like St. Anselm&#039;s ontological proof for the existence of God. They are philosophical relics, as phlogiston and the ether are scientific relics...&quot;

This is obviously a criticism of Kant&#039;s ethics but to say that TI is dead is either irrelevant ( if we Scialabba is assuming  that Kants ethics is completely independent of his metaphysics what is the point of saying that his metaphysics is false ? ) or it is false / misleading ( if we recognize that K&#039;s constructivism is a type of TI : moral facts are created/ constructed  just as the phenomenal facts are created by us etc. ).</description>
		<content:encoded><![CDATA[	<p>Here is what Scialabba says  :</p>

	<p>&#8220;&#8230;Sandel pilots readers skillfully through these philosophical rapids, giving each perspective its due with admirable judiciousness and perspicacity. He is quite right to highlight the moral limits of reliance on the market, since the superior wisdom of minimally regulated markets has been our main civic shibboleth for several decades now. Also illuminating is his argument, following Aristotle, that moral judgments about one or another policy should take into account the way of life and the type of character that the community in question aspires to produce.Nevertheless, to one who subscribes, as I do, to the James/Dewey/Quine/Rorty tradition of philosophical pragmatism, it is a little difficult to take Aristotle or Kant seriously. (It is, I should think, impossible for anyone at all to take Friedman and Nozick seriously.) Aristotle&#8217;s impersonal telos-es and Kant&#8217;s transcendental idealism are simply dead in the water, like St. Anselm&#8217;s ontological proof for the existence of God. They are philosophical relics, as phlogiston and the ether are scientific relics&#8230;&#8221;</p>

	<p>This is obviously a criticism of Kant&#8217;s ethics but to say that TI is dead is either irrelevant ( if we Scialabba is assuming  that Kants ethics is completely independent of his metaphysics what is the point of saying that his metaphysics is false ? ) or it is false / misleading ( if we recognize that K&#8217;s constructivism is a type of <span class="caps">TI </span>: moral facts are created/ constructed  just as the phenomenal facts are created by us etc. ).</p>
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		<title>By: harry b</title>
		<link>http://crookedtimber.org/2009/11/30/justice/comment-page-1/#comment-297266</link>
		<dc:creator>harry b</dc:creator>
		<pubDate>Wed, 02 Dec 2009 12:02:42 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=13966#comment-297266</guid>
		<description>What, you don&#039;t think a review can be excellent while saying things that you disagree with? I&#039;d hate everything if I had that view.</description>
		<content:encoded><![CDATA[	<p>What, you don&#8217;t think a review can be excellent while saying things that you disagree with? I&#8217;d hate everything if I had that view.</p>
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