James Bohman has succeeded in reinvigorating the old debate over explanation and understanding by situating it within contemporary discussions about sociological indeterminacy and complexity. I argue that Bohman's preference for a paradigm based on Habermas's theory of communicative action is justifiable given the explanatory deficiencies of ethnomethodological, rational choice, rule-based, and functionalist methodologies. Yet I do not share his belief that the paradigm is preferable to less formalized models of interpretation.

I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be (...) exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, in order to make it inclusive of the other. In the final analysis, immigration law forces us to consider both the concrete individuality and abstract humanity of refugees, asylum seekers and other homeless persons who have been displaced by global economic underdevelopment. When combined with the "statelessness" of desperate classes of immigrants, this fact about immigration law reveals a revolutionary possibility for future development and perfection leading to its own transcendence: from an inhospitable immigration law that is administered exclusively by the nation state to a cosmopolitan law of universal citizenship under the auspices of a global human rights regime. (shrink)

The debate between Marcuse and Habermas over technology marked a significant turning point in the history of the Frankfurt School. After the 1960s Habermas's influence grew as Marcuse's declined and Critical Theory adopted a far less Utopian stance. Recently there has been a revival of quite radical technology criticism in the environmental movement and under the influence of Foucault and constructivism. This article takes a new look at the earlier debate from the standpoint of these recent developments. While much of (...) Habermas's argument remains persuasive, his defense of modernity now seems to concede far too much to the claims of autonomous technology. His essentialist picture of technology as an application of a purely instrumental form of nonsocial rationality is less plausible after a decade of historicizing research in technology studies. The article argues that Marcuse was right after all to claim that technology is socially determined even if he was unable to develop his insight fruitfully. The article derives a new approach to technology criticism from both constructivism and Habermas's communication theory. The essence of technology is shown to be historical and reflexive, like the essence of other social institutions. As such an institution, its rationality is always implemented in value?biased forms subject to political critique. (shrink)