Kant and the Demands of Normativity:
Response to Harbin
NICHOLAS DUNN
McGill University
ABSTRACT: I argue against Harbin’s claim that aesthetic judgements, for Kant, are not
normative. By focusing on the systematic nature of Kant’s Critical philosophy, I show
that aesthetic judgements, like judgements in the theoretical and practical domains,
must be normative, though such judgements display a distinct kind of normativity,
which is expressed in their subjectivity, indeterminacy, and affectivity.
RÉSUMÉ : Je conteste l’affirmation de Harbin selon laquelle les jugements esthétiques,
pour Kant, ne sont pas normatifs. En me concentrant sur la nature systématique de la
philosophie critique de Kant, je montre que les jugements esthétiques, comme les jugements dans les domaines théorique et pratique, doivent être normatifs, bien que de tels
jugements affichent un type distinct de normativité, qui s’exprime dans leur
subjectivité, leur indétermination et leur affectivité.
Keywords: Kant, normativity, judgement, aesthetics, third Critique
In her paper, “Universality Without Normativity: Interpreting the Demand of
Kantian Judgements of Taste,” R. Kathleen Harbin argues that aesthetic judgements, for Kant, are not normative. This is a striking claim, which, at face value,
does not appear to be compatible with Kant’s project in the third Critique. In
what follows, I wish to raise some challenges to Harbin’s view. In particular,
I argue that she overlooks the systematic nature of Kant’s Critical philosophy.
Attending to this feature reveals that, far from lacking normativity, aesthetic
judgements embody a unique kind of normativity, one that is irreducible to
Dialogue 59 (2020), 613–619
© The Author(s), 2021. Published by Cambridge University Press on behalf of the
Canadian Philosophical Association/l’Association canadienne de philosophie.
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that of theoretical or practical reason. Instead of being objective, determinate,
and discursive, aesthetic judgements are subjective, indeterminate, and
affective.
Harbin focuses on Kant’s claim that we demand the agreement of others
when we judge something to be beautiful. While acknowledging that the
normative interpretation of this demand is “widespread,” she suggests a
phenomenological reading instead (Abstract). According to this view, it is
not that I actually think you are obligated to share my judgement of taste,
but rather that my feeling is so strong that it is as if I require you to agree
with me. Harbin argues that this way of understanding “tracks the familiar
experience of judging objects to be beautiful” (§2). Hence, Harbin contends
that, for Kant, aesthetic judgements entirely lack normative force; the normative language is, in effect, merely descriptive of the peculiar phenomenology
of aesthetic judging.
To see the problem with Harbin’s position, we can start by looking at the
overall structure of Kant’s Critical philosophy. The third Critique is a critique
of the ‘power of judgement’ [Urteilskraft] — one of three higher cognitive faculties, along with the understanding and reason (A131/B169). Each of Kant’s
three critiques focuses on one of these faculties, where a critique of the faculty
at hand yields a principle that governs its activity in its respective domain. For
the understanding, the pure categories function as the laws of nature, which
ground judgements about objects of experience; in the case of reason, it is the
moral law that dictates how to use our freedom in making judgements regarding
actions. In the third Critique, Kant puts forward the principle of purposiveness
as the principle of the power of judgement.
In the famous 1787 letter to Karl Leonhard Reinhold, Kant describes working
on a critique of taste only after noticing “something systematic” (10:513–516).
In addition to the ‘fundamental’ faculty of cognition, of which the three higher
cognitive faculties just mentioned are all a part, Kant recognizes two other fundamental faculties: the faculty of desire and the faculty of feeling (5:198;
20:245). Initially, Kant held that a critique of aesthetic judgement was impossible, since he took feeling to be entirely subjective and thus incapable of grounding universally valid judgements (A21). What Kant comes to realize, however,
is that each of the higher cognitive faculties is connected with a fundamental faculty, for which it provides an a priori legislative principle: the laws of the understanding govern the faculty of cognition; the laws of reason govern the faculty of
desire (i.e., the will); and, the principle of the power of judgement (purposiveness) legislates for the faculty of feeling. Therefore, one should expect to find in
the third Critique an account of the particular relationship between feeling and
the power of judgement, one in which the latter provides a principle for the
former.
Harbin attempts to explain away the normative language that Kant uses in the
Analytic of the Beautiful, claiming that “he does not seem to have offered any
previous justification” for it (§2). But this merely depends on how far back in the
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Response to Harbin
615
third Critique one goes. If Harbin is referring to the Analytic itself, then this may
be true. However, the entirety of the introductory material to the third Critique is
a justification of a special principle governing ‘merely reflecting’ judgements, of
which aesthetic judgement is the paradigm case. For example, Kant declares that
aesthetic judgements are based “in a rule of the higher faculty of cognition, in
this case, namely, in the rule of the power of judgement, which is thus legislative
with regard to the conditions of reflection a priori, and demonstrates autonomy”
(20:225; cf. 20:244). Similarly, Kant writes that “there are three cognitive
faculties — understanding, the power of judgement, and reason — each of
which (as a higher cognitive faculty) must have its a priori principles”
(5:345). At one point, Harbin even acknowledges that the main aim of the
third Critique is “to explicate an a priori principle for reflecting judgement”
(§5). This being the case, then, one wonders what else it could mean for the
power of judgement to have a principle other than for it to be normative, pointing
to a fundamental dispute about the attribution of normativity. In my view,
Harbin sets the bar too high for what counts as normativity.
While Kant does not tend to speak in terms of normativity per se, several
recent commentators have chosen to articulate aspects of Kant’s Critical philosophy in these terms.1 For many of these commentators, the central feature
of Kantian normativity is the idea that “we can be held responsible” or accountable for our judgements.2 For Konstantin Pollok, what makes a judgement normative is that it can be assessed in light of a principle. Pollok argues that the
three synthetic a priori principles that emerge from the three critiques, respectively, determine the validity of our judgements in each of these domains —
and therefore form the “core” of Kant’s theory of normativity.3 In other
words, theoretical judgements are normative because they are governed by
the categories; practical judgements are normative because they are governed
by the moral law; aesthetic judgements are normative because they are governed by the principle of purposiveness. According to Pollok, then, it is not
just that we can fail to obey these principles and yet still be said to form
judgements — rather, it is only in light of these principles that we are said
to form judgements.
To be sure, things are going to look slightly different in the aesthetic case than
in the first two cases. Joseph J. Tinguely describes the normativity of an aesthetic judgement as “the insistence that aesthetic experience is something for
which one can be held accountable.”4 However, Harbin argues that an account
of the normativity of aesthetic judgements “must show how an undiscoverable
rule that people cannot be persuaded to follow through logical or rational
1
2
3
4
Ginsborg (2015), Pollok (2017).
Pollok (2017: 13).
Ibid.: 1.
Tinguely (2018: 13).
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616 Dialogue
appeals can be the sort of thing that one can nevertheless decide to follow” (§2).
To this end, she argues against Henry Allison, who claims that “normativity in
general for Kant is rooted in the conditions of the successful or coherent activity
of the faculty in question.”5 The faculty in question is, no doubt, the power of
judgement. However, Harbin stops short of asking what it might look like for
the power of judgement to operate under the guidance of the principle of purposiveness. More to the point, she fails to ask what it might mean for aesthetic
judgements to be valid, or successful.
To see how this might go, we can consider them in relation to judgements in
the first two domains, namely, understanding and reason. While Harbin rightly
observes that aesthetic judgements are different from these two kinds of judgements, this in itself does not mean that aesthetic judgements are not normative;
that a judgement of beauty lacks logical or moral force does not mean that it
lacks normative force altogether. On the contrary, Kant attempts to secure a
third kind of normativity that is neither theoretical nor practical. The threefold
division of the higher cognitive faculties, and their relation to the fundamental
faculties, yields three distinct kinds of judgements, according to Kant (20:246).
Hence, to suggest that the analogy with the first two breaks down along the lines
of normativity is to disregard the systematic nature of Kant’s faculty psychology
and its significance for the Critical project as a whole.
Harbin draws on the subjective character of an aesthetic judgement to support her non-normative reading, noting that these judgements are not about
objects in the way that cognitive and moral judgements are. Without predicating the beauty of an object (as a property), we speak as if it were. Since this
dimension of aesthetic judgement pertains to its referent, it is unclear why
Harbin thinks that it entails anything about its normativity. It would be mistaken to claim that aesthetic judgements are not normative by inferring from
the fact that they are not about objects. Unlike the understanding and reason,
Kant says, the power of judgement “can claim no field of objects as its
domain” (5:177). However, Kant immediately goes on to argue that, despite
this, it still has its own law, “although a merely subjective one” (Ibid.). In
fact, when Kant lays out the problem of a Deduction of taste, he summarizes
it as nothing other than the question of how something subjective (based in
feeling) could nonetheless be valid for everyone else (5:288). The idea of
something subjective and affective yet normative is thus at the heart of the
third Critique (5:218, 279).
Harbin also characterizes the non-normative status of an aesthetic judgement
in terms of its lack of grounds: “because it does not enable us to determine the
ground of judgements of taste, but only … that there is a ground” (§2). Were
there a “normatively grounded requirement,” she argues, then one would be
able to “offer a basis for insisting on the agreement of others” (Ibid.).
5
Allison (2001: 169–170).
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However, as she notes, Kant thought that this was impossible. While it is the
presence of “determinate rules” (to use Kant’s own term, 5:284) that gives logical and moral judgements normative force, Harbin observes that a “fundamental difference” between aesthetic judgements, on the one hand, and logical and
moral judgements, on the other, is that only in the latter case can we be certain of
whether we are applying a rule correctly (§5). Yet we cannot infer from Kant’s
claim that aesthetic judgements lack a determinate rule that can be articulated or
discovered that no such rule exists whatsoever. For example, as Arata Hamawaki
observes: “while Kant insists on the normativity of judgements of taste, he just
as strongly resists an explanation of the normativity that appeals to concepts and
rules.”6 Hence, what we have in the judgement of taste is the idea that I can be
held accountable for my aesthetic response despite the presence of a determinate
rule or principle.
As it turns out, Kant takes the principle of aesthetic judgement to be an indeterminate principle (20:214, 239; 5:188). Kant calls this principle “common
sense.” It is not only “the effect of the free play of our cognitive powers,”
but an “indeterminate norm” (5:238–239). Aesthetic judgements appeal to
common sense as their ground, and exhibit judging according to “a rule that
one cannot produce” (5:237). Such judging does not involve the subsumption
of an object under a determinate concept (i.e., beauty), nor does it involve the
application of a determinate rule, from which I could draw an inference — e.g.,
that the object is beautiful. But this does not stop me from expecting everybody
else to agree with me. That I make such a demand is justified, Kant argues, by
my presupposition of a common sense in others, which could give rise to a
similar feeling of pleasure from the free play of their faculties. In aesthetic
judgement, I take my experience of a particular to be one that others also
ought to share because I take it to instantiate a rule — albeit one that I cannot
state; I feel as if the judgement were made according to a rule that could
become a rule for everyone.
Now, Harbin takes it to be a benefit of her phenomenological reading that it
illuminates the contrast between aesthetic pleasure, on the one hand, and what
Kant calls “mere agreeableness,” on the other (5:217). The latter is not something I normally expect others to share with me. I might prefer pumpkin pie
to pecan pie, but if you disagree, I do not demand that you share my preference.
This would amount to saying that I expect you to experience an entirely private
sensation the same way I do, which Kant takes to be an incoherent idea. By contrast, my judgement of something to be beautiful — say, the sunset — carries
with it the feeling that, were you to disagree with me, I would demand you to
think otherwise. In light of what I have said, we need not take issue with the
6
Hamawaki (2006: 108). Similarly, Lee argues that determining and reflecting judgements can be distinguished as determinate and indeterminate judgements, respectively (2004: 220).
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phenomenological claim. Instead, what I have said here undergirds it. The difference between aesthetic pleasure and mere agreeableness is nothing but the
difference between an affective state that has a principle and one that does
not. Further, this difference sharpens the focus: we should want to know what
it is about the unique normativity of aesthetic judgement that explains why
they have this phenomenological quality.
More generally, Harbin takes her position to be more philosophically
plausible than the normative reading of Kant’s theory of aesthetic judgement,
as she finds that it does a better job of explaining how we respond to beauty.
While one may be inclined to think that Kant should have treated aesthetic
judgement as non-normative, such a view requires separating Kant’s aesthetic
theory from his overall Critical project. For Harbin, a non-normative view
allows us to maintain the idea that judgements of taste implicitly urge others
to agree with us, “without forcing us into the implausible position of saying
that such judgements are binding in the way that those of morality or logic
are” (§6). Such a claim not only implies that being governed by the laws of
logic and morality are the only ways for something to be normatively binding,
but also ignores Kant’s attempt to articulate a new and distinct way in
which something could possess normative force — which, I have demonstrated, is a central aim in the third Critique. Accordingly, we need not choose
between being faithful to Kant and adhering to a view that is philosophically
interesting.
I have already noted that the power of judgement provides a law for feeling.
The idea that something as passive as feeling could nonetheless be something
for which we can be held accountable may be counterintuitive, but it remains,
at the same time, a central contention of Kant’s third Critique. Recent
commentators have begun to take interest in the idea of aesthetic and affective
normativity.7 Relatedly, the idea of aesthetic reasons — as distinct from epistemic and practical ones — has been taken up in contemporary discussions of
normativity.8 Common to all of these approaches is the recognition that
in the third Critique we find a unique kind of normativity — one that is distinct
from, and irreducible to, that of theoretical and practical reason, which
we miss out on if we opt for a non-normative account of aesthetic judgement
in Kant.
7
8
Gorodeisky (2011), Hamawaki (2006), Tinguely (2018).
Gorodeisky & Marcus (2018).
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