On a Recent Attempt to Derive Positive Duties from Kant’s Formula of Universal Law

Abstract

According to the positive duties objection, it is not possible to derive positive duties from Kant’s Formula of Universal Law (FUL). However, in his recent “Deriving Positive Duties from Kant’s Formula of Universal Law”, Guus Duindam tries to answer this objection. More specifically, Duindam tries to show how both a duty of benevolence and a duty of self-perfection can be derived from the FUL. I critically examine Duindam’s arguments. I maintain that Duindam’s argument for the positive duty of benevolence is ambiguous and that this ambiguity exposes him to a fatal dilemma: on one horn, Duindam faces the same objection that he concedes to be effective against other attempts to answer the positive duties objection; on the other horn, the procedure he recommends cannot be based on the FUL (because it does not evaluate actions on the basis of their corresponding maxims). In addition, I maintain that Duindam’s benevolence argument rests on a procedure that is, in general, intractable and, in this particular case, foredoomed (because it can be shown that there are no positive duties of the kind he tries to derive). From there, I turn to Duindam’s argument for the positive duty of self-perfection. I explain that Duindam’s derivation of the duty of self-perfection, even if successful, does not answer the positive duties objection. This is because Duindam never appeals to the FUL in his derivation of the duty of self-perfection (the derivation is based, rather, on instrumental reasoning from the second-order end to accomplish our first-order ends). I elaborate on this by comparing and contrasting Duindam’s argument with Oliver Sensen’s interpretation of how to apply the FUL in the latter’s recent “Universal Law and Poverty Relief”.