The “Paradox of Self‐Constitution” and Korsgaard's Two Conceptions of Maxims for Action

This article argues that Christine Korsgaard gives two accounts of maxims, the identity‐priority account and the form‐priority account. There is a tension between the accounts because (1) Korsgaard's form‐priority maxims account cannot function apart from the identity of a well‐formed agent that precedes and tests maxims to determine if they should count as reasons or laws, and (2) Korsgaard's identity‐priority maxims account needs the form of the maxim to precede, bind, and constitute the well‐formed agent. This tension mirrors the two sides of what Korsgaard has called the “paradox of self‐constitution.” The article concludes that Korsgaard's paradox of self‐constitution leads to an arbitrariness that undermines the formation of moral laws.