Within discourse theory, language is seen as constitutive of reality. Furthermore, facts and values are viewed as inseparable. This has consequences for business ethics. In this paper the relationship between discourse theory and business ethics is discussed. Both the descriptive and prescriptive aspects of business ethics are taken into account. Furthermore, an example of an empirical study is presented. A discourse analysis is conducted to answer the questions of how bankers in Holland conceptualize and thus (...) treat their customers and whether there are differences between the largest three banks. The article contains the description of five different discourses on customers within the banks. (shrink)

The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

Poststructuralist discourse theory is enjoying increasing recognition for its potential to contribute to the study of institutional change and continuity. Yet the most fruitful approach to realizing this potential has hitherto not been found. The main proposition so far has been to operationalize DT’s insights and concepts by adopting them into the framework of discursive institutionalism. However, an ongoing debate about the compatibility of the ontologies underlying DT and DI has cast doubts over whether such a combination is (...) theoretically feasible. The critical literature review in the first part of this article indeed finds insurmountable ontological differences between the discourse-theoretical and the discursive-institutionalist traditions, as their clashing notions of what is understood as a ‘discourse’ result in diverging views on power, agency, and subjectivity. Instead of merging DT into DI, I suggest to empower the former as a self-sufficient paradigm for institutional analysis. To achieve this, the second part of this article re-articulates the ‘logics framework’ proposed by Jason Glynos and David Howarth into a middle-range theory for the study of institutionalization and politicization in a discourse-theoretical fashion. The purpose of this re-articulation is to dispel various arguments against the viability of an autonomous poststructuralist approach to institutions. (shrink)

In the quest for a workable ideal of democracy, the systems approach has recently shifted its perspective on deliberative democratic theory. Instead of enquiring how institutionalized decision-making might mirror an ‘ideal deliberative procedure’, it asks how democracy might be construed as a ‘deliberative system’. This leads it to recommend de-emphasizing the role of parliament and focusing instead on non-institutionalized actors and communications. Though this increased emphasis is undoubtedly warranted, the importance of parliament must not be downplayed. In the debate (...) about transnational democracy – and about EU democratization in particular – it is widely held that making democracy safe for transnational politics entails finding new, non-parliamentary ways of organizing it. Here, the deliberative systems perspective may be misunderstood as offering an alternative, non-parliamentary route to transnational democracy. This article argues that a deliberative system without a parliamentary legislature is tantamount to deliberation without democracy and that an elected parliamentary legislature is constitutive of democracy as a deliberative system – national or transnational. To substantiate this claim, the article suggests looking at Habermas’ discourse theory in a new light, as a sociological-reconstructive approach that aims to explicate the cognitive dimension of modern democratic decision-making. Acknowledgement of discourse theory’s sociological intent enhances our understanding of democracy as a deliberative system in two important ways. First, it helps elucidate the epistemic meaning of democracy differently from the accounts given in alternative theories. Discourse theory holds that what generates democratic legitimacy in modern democracies is a particular epistemic quality which the democratic process lends to decisions by enabling citizens to view the latter as valid outcomes of a cooperative practice of collective problem-solving among equals. From this pragmatist understanding it follows, second, that the presence of a parliamentary legislature is crucial to the establishment and operation of democracy as a deliberative system. (shrink)

This essay outlines some of the main issues that arise in the theory of freedom and, in particular, those that divide the liberal conception of freedom as non-interference from the republican conception of freedom as non-domination. It goes on to explore the idea that discourse theory provides reasons for favouring the republican conception. Discourse theory is taken for these purposes to be a theory that subsumes, but goes beyond decision theory. It accepts the (...) decision-theoretic view that human agents are moved by beliefs and desires that, on the whole, are rationally maintained and rationally issued in action. But it adds the further, crucial assumption that human beliefs and desires are shaped under the transformative influence of discursive argument and exchange. (shrink)

This article examines the actual and potential contribution of Jürgen Habermas's and Karl-Otto Apel's ‘discourse theory’ to ongoing debates on educational issues. By exploring the paradigmatic assumptions of discourse theory, i.e. those related to new conceptions of rationality, language, and subjectivity, I suggest possible links between a Frankfurt School metacritique and a postmodern educational practice. While taking into account the poststructuralist intervention and the relevance of cultural studies to revisiting modern pedagogy, I take issue with dismissive (...) readings of Habermas's discourse theory by its postmodernist detractors, and I put forward a more mediatory approach to cross-disciplinary exchanges. (shrink)

This article examines the actual and potential contribution of Jürgen Habermas's and Karl-Otto Apel's ‘discourse theory’ to ongoing debates on educational issues. By exploring the paradigmatic assumptions of discourse theory, i.e. those related to new conceptions of rationality, language, and subjectivity, I suggest possible links between a Frankfurt School metacritique and a postmodern educational practice. While taking into account the poststructuralist intervention and the relevance of cultural studies to revisiting modern pedagogy, I take issue with dismissive (...) readings of Habermas's discourse theory by its postmodernist detractors, and I put forward a more mediatory approach to cross-disciplinary exchanges. (shrink)

Basic concepts in Habermas's theory of communicative action -- Habermas's "reconstruction" of modern law -- Discourse theory and the theory and practice of adjudication -- System, lifeworld, and Habermas's "communication theory of society" -- After between facts and norms : religion in the public square, multiculturalism, and the "postnational constellation".

Within the scope of the POPULISMUS research project, we have engaged in a methodological cross-fertilization between Essex School-inspired methods of analysis and computer-assisted text analysis. In this chapter, emphasis is placed on the Greek case and the material analyzed involves newspaper articles from the 2014–5 period. In particular, the analysis focuses on the antagonistic language games developed around representations of ‘the people’ and ‘populism’. Highlighting the need to study anti-populism together with populism, something that has not attracted much attention in (...) the relevant bibliography, and focusing on their mutual constitution from a discourse-theoretical as well as lexicometric perspective, we articulate a comprehensive analysis of the populist and anti-populist press in Greece, with broader implications for populism research globally. (shrink)

The fundamental impulse of Discourse Theory is to eschew the moral substantivism of ethical rationalism in favour of a pragmatic, procedural approach to ethical and legal analysis. However, this paper argues that even if the analysis of Communicative Action as reconstructed by Habermas’s “Universal Pragmatics,” and the implied procedural rules of practical discourse advanced by Robert Alexy are accepted, the validation or “redemption” of all authoritative and distributive claims must, in terms of logical priority, encounter the substantively (...) general necessity of Gewirth’s Principle of Generic Consistency. This result operates as a reductio ad absurdum of the project of Universal Pragmatics and prompts us to reconsider the epistemological status and the political and ethico-legal function of Discourse Ethics in Civil Society. (shrink)

The paper addresses the highly controversial subject of the nature of law. It attempts to present a post-modern positivist concept of law that rejects objectivism and the postulation of a unified legal order entirely and merges elements of system and discourse theory.

Although other quasi-Kantian theories have been adapted, Jürgen Habermas’s discourse theory has been largely ignored in discussions of environmental ethics. Indeed on some versions of what an environmental philosophy must entail, Habermas’s anthropocentric approach must be disqualified from the start. Yet, there are some environmentally friendly implications of his discourse theory. They may not give us everything we would wish, but in the contemporary political context we must treasure any moral theory that can draw on (...) the still-extensive theoretical and political resources of liberalism. (shrink)

An in-depth look at the theory of solidarity of German philosopher Jürgen Habermas, serving also as a comprehensive introduction to his work.

ABSTRACT Ever since an intense theoretical debate over a decade ago, the concept of heterogeneity has had a well-established place within poststructuralist Discourse Theory. It captures the interactions between the heart of the space of representation and its margins, between excluded excess and manifest presence; and conceptualizes particularities, differential remainders, and discursive exteriority. The analytical implications of heterogeneity remain underexploited, however. This contribution makes the case that one way to operationalize the notion of heterogeneity in empirical research is (...) by tracing its strategic effects. Since heterogeneity constitutes ‘the primary terrain within which homogeneizing logics operate’, heterogeneous dynamics like the ‘incorporation of new demands’ and ‘the exclusion of others who were previously present’ affect and shape the availability and feasibility of political strategies. This contribution first provides an extensive definition of heterogeneity drawing on the original debate that gave the concept prominence. An approach that captures and explains the strategic effects of heterogeneity is then developed through the integration of heterogeneity into the logics framework. Finally, this approach is illustrated through an exploration of the politics of international trade. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the (...) work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

_An in-depth look at the theory of solidarity of German philosopher Jürgen Habermas, serving also as a comprehensive introduction to his work._.

Post-Structuralist Discourse Theory analyzes political ideas and action from a Marxist direction. However, while classic Marxian sociology is rooted in economic processes that “structure” society and ideas, Post-Structuralist Discourse Theory emphasizes the absence of any determinative principle. Thus, it radicalizes an ongoing shift in Marxism away from economic essentialism towards indeterminacy, contingency, and openness. The ideological superstructure becomes ever more important at the expense of the economic base; class struggle and relations of production lose analytical and (...) strategic purchase in favor of a complex and integral form of politics; there are no deeper, natural foundations determining how society is organized and structured. Post-Structuralist Discourse Theorists argue that this orientation leads to a more satisfactory analysis of political practice than is possible through positivist research. Assessing this claim requires a survey of the hermetic terminology in which Post-Structuralist Discourse Theorists express their ideas—the discourse, as it were, of Discourse Theorists—exploring their use of sociology, structuralist linguistics, psychoanalysis, and the political theory of populism. (shrink)

ExcerptNarrative today is a commanding term for individual and group definition. Within literature and literary discussions, narrative structure has been treated in increasingly complex and multifaceted ways. However, as narrative has moved from literature into wider cultural circulation, such multiplicity and complexity can be lost. Narrative is embraced as the form in which experience takes meaningful shape. Each individual or each group has a story as their version of who they are, interpreted in each one’s terms and affirming each one’s (...) right to such interpretation. On the one hand, this promises the airing and sharing of viewpoints and versions on the part of each self or group. On the other hand, certain tendencies and implications of narrative structure close off each version from the others. Narrative can then become a claim to one’s own story in ways that refuse the stories of others. Instead of interchange among many voices in an open forum, what emerge are competitive accounts that deny the validity of the accounts of others. (shrink)

This volume explores the relationship between human rights and democracy within both the theoretical and empirical field. It is an innovative study that offers tools for democratizing existing global political institutions.

Jurgen Habermas is widely regarded as one of the outstanding intellectuals. This title focuses on the theory of law which can be distilled from his vast compendium of work. It places this theory in the context of Habermas' overall contribution to the theory of society, political theory and social philosophy.

Klaus Günther’s discourse theory of law links the concept of criminal responsibility with the legitimacy of democratic law. Because attributions of criminal responsibility are always aimed at a person, they contain an implicit conception of the person. In a democracy under the rule of law, Günther argues, this conception of a person must be understood, as a “deliberative person”, a free and autonomous person capable of being both the addressee and the author of legal norms. The “deliberative person” (...) is the conceptual core of criminal responsibility, yet Günther develops it using a concept of “communicative accountability” modeled on the concept of criminal responsibility that it is designed to explicate. My aim is to bring this circular grounding of criminal responsibility into view and argue that Günther’s discourse theory of law is based on a legalized picture of discourse. (shrink)

In Between Facts and Norms Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action, bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more.The introduction by William Rehg succinctly captures the special nature of the work, noting (...) that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so- called liberals and civic republicans.The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book.Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of (...) law and democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis. (shrink)

Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institutional economics to escape the infinite regress of judging a consensus legitimate, institutional economics has (...) a tested social science paradigm (rational choice) of explaining and predicting the functioning of institutions. The article outlines a theoretical synthesis of the two theories by finding points in common and possibilities of fruitful combinations concerning the problem of legitimacy, institutional design and effectiveness of legal norms. (shrink)

This article aims to bring together post-Marxist discourse theory and the critique of political economy in the context of the debate on the Marxian theory of value. Although Laclau and Mouffe criticized Marxism for its economic reductionism, they did not connect this to a comprehensive critique of Marx's writings on value and labor. The merit of considering the theory of value in more detail is underscored by discourse theory's relative silence on the capitalist economy. (...) By drawing on the work of Postone and Elson, it will become clear that there are largely two ways to interpret Marx's theory of value: either as an essentialist theory of price and exploitation, or as a historically specific theory of the constitution of social labor relations in capitalist society. By teasing out Laclau's implicit understanding of Marx's value theory, the article argues that it is in fact his essentialist interpretation of the labor theory of value that constitutes an obstacle toward grasping the social relations of labor and commodity production from a discourse-theoretical perspective. This clears the ground toward approaching Marx's value theory from a post-Marxist perspective, which would grasp the social relations of abstract labor as a hegemonic formation. (shrink)

This article discusses the metatheoretical foundations of a critical realist approach to critical discourse analysis and counterposes them to insufficiently realist tendencies in Norman Fairclough's critical discourse analysis, on the one hand, and anti-realist post-Marxist discourse theory on the other. The first section argues that Fairclough's approach is progressive in many ways, but lacks metatheoretical rigour with respect to important demarcation problems. These mainly concern CDA's understanding of discourse as mediating entity, its underlying dialectical-relational approach (...) and overarching concept of social practices. The discussion of Fairclough's approach necessitates a treatment of the relation of discourse and epistemology, in which the heritage of Foucault plays a crucial role and a brief engagement with ideology, in which Althusser is a major point of departure. The thesis is advanced that, among other things, Althusserian and Foucauldian residues in CDA's metatheory esta.. (shrink)

Resumen: Heidegger practica un abordaje de la noción de discurso que, por la magnitud de su obra y por el carácter más o menos marginal que esta noción tiene en ese conjunto, no ha merecido todavía un tratamiento sistemático. En esta comunicación intentamos recoger algunos elementos relevantes de esa tematización y enfatizamos la relación que ella manifiesta con su temprana concepción de la significación. Concluimos que la tematización del discurso que Heidegger desarrolla se adelanta en décadas a lo que es (...) hoy la teoría contemporánea del discurso.: Heidegger makes an approach to the notion of discourse which, to de magnitude of his work and the more or less marginal character that this notion has in that group, has not yet deserved systematic treatment. In this communication we try to collect some relevant elements of this thematization and emphasize the relationship that it manifests with its early conception of meaning. We concluded that the discourse thematization that Heidegger develops is decades ahead of what contemporary discourse theory is today. (shrink)

This essay focuses on an issue arising from within an anti-essentialist perspective on sexual identity: how is it possible to explain the political impetus inhering in a category such as 'woman' without having recourse to a set of positive properties that would somehow fix her identity in advance? I examine how a particular theoretical outlook, social postmodernism, attempts to address this issue, and argue that, ultimately, social postmodernism generates its own impasse which I call social foundationalism - an impasse which (...) is structurally similar to biological foundationalism. I invoke discourse -theoretic concepts to introduce the psychoanalytic categories of master signifier and symbolic identification. This is done in order to suggest how Lacanian psychoanalysis permits us to theorize sexual difference in a way that avoids both biological foundationalism and social foundationalism. Key Words: discourse theory • identification • identity • Lacan • poststructuralism • psychoanalysis • sexual difference • social postmodernism. (shrink)

In Habermas’s discourse theory of law, the guarantee of citizens’ private and public autonomy is a prerequisite of legitimate law. This includes social entitlements. They provide the living conditions necessary for equal opportunities in the use of private and public freedoms. A proceduralist paradigm of the welfare state ensures private and public autonomy in shaping social rights. This makes welfare state regulations a legitimizing institution. This legal theoretical approach is outlined and defended against objections. The focus falls on (...) examining the critique of the justification and quality of social entitlements. Also considered are possible measures to strengthen the basis of legitimation in shaping social rights. (shrink)

This paper argues that Habermas's conception of the rationality of moral and legal discussions has import for argumentation theorists interested in the rationality of public deliberations in politics and law. I begin with a survey of Haber mas's discourse theory and his criteria of rationality for moral and legal discourse. I then explain why, in his view, the forms of rational discourse in morality and law complement each other. My aim is to show how Habermas's account (...) of this complementary relationship opens up fruitful perspectives for argumentation theory. Specifically, his thought can stimulate research regarding, on the one hand, the ways in which legal procedures provide for presumptively rational resolutions of moral disputes and, on the other hand, the applicability of ideal argumentation-theoretic models to the legal field. I conclude with a proposal for integrating Habermas's ideas in a research program for legal argumentation. (shrink)