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From Encounter to Principle: The Phenomenological Ground of Moral Authority

Amir, Zvi
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philosophy
General moral principles - “Murder is wrong,” “Keep your promises,” “Do not deceive” - appear to exercise authority independently of any particular encounter. Kant’s account explains this authority by treating principles as outputs of a formal procedure (universalisability) prior to all particular cases: the encounter is merely the occasion for applying a principle already established by reason alone. The Natural Moral Sense (NMS) inverts this direction. General moral principles are phenomenological generalisations - formalisations of what reciprocal recognition discloses across encounter-types, structured in content and relative force by a hierarchy of human needs whose prepotency structure was identified by Abraham Maslow (1943, 1954) and whose moral significance NMS develops. Their authority is derivative but genuine: derivative because it traces back to the encounter-based disclosures they formalise; genuine because they accurately capture the structure that any such encounter necessarily exhibits given the four-element convergence of mattering, descriptive equality, asymmetric need urgency, and identificatory recognition. This paper argues that the direction of moral justification is not a methodological preference but an explanatory necessity, and that the Kantian direction fails on three grounds: it renders the encounter normatively inert; every neo-Kantian refinement that rescues Kant from the monstrous result of his own test case imports encounter-based considerations its framework officially denies; and it generates a motivational gap between logical entailment and phenomenological authority that formal procedures cannot close. The paper concludes by distinguishing the explanatory priority of encounter-based disclosure from the practical indispensability of general principles, and by positioning this upstream argument as the ground for companion claims against Korsgaard’s constitutivism and Darwall’s second-personal standpoint theory.
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