In this paper, my aim is to offer a more charitable reading of Kant’s strategy of justification in the second Critique. I will do so, however, by taking what may seem to be an unlikely detour: working from the traditions of Romano-canon and English common law; to the works of the British experimentalists in the seventeenth century; and finally, to the German translation of Bishop Butler’s Analogy of Religion in 1756. While my ultimate concern here is to defend a new systematic reading of Kant’s Faktum (sections 3–4), I believe that tracing the history of “fact” through these phases is necessary for putting his argument in its proper context (sections 1–2). As we shall see, Kant’s Faktum shares the meaning of a “matter of fact” (Tatsache), referring to the reality of our moral consciousness; and like a “Tatsache”, it is something we can attest to with the aid of Kant’s thought experiments. Later on I will address a few possible objections to this reading (sections 5–6), one of which I anticipate coming from Dieter Henrich and Ian Proops, who have argued that Kant’s Faktum is best understood under a legal analogy.
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