Debates between Habermas and the poststructuralists - specifically, Derrida, Foucault and Lyotard - over the nature of critiques of Enlightenment rationality and modernity are investigated in order to argue for an agenda for critical theory beyond the 'French Fries and the Frankfurter'.1 Part I interrogates key elements of Habermas' theory of communicative rationality in his reconstruction of Enlightenment modernity and his critique of the poststructuralists. This orients the discussion toward an evaluation of Habermas' neo-Kantianism, theory of language (discourse ethics), and (...) the 'critique' he employs in his bid to defend and complete the project of modernity. Key Words: critical theory • Derrida • Enlightenment modernity • Foucault • Habermas • Lyotard • Marx • postmodernism debates. (shrink)

This article seeks to revisit the distinction between the words ethics and morals. First, we understand the word ethics to be focused on the way we seek to live our own life, and hence to connote a relativistic and essentially subjective perspective, whereas we understand the word morals to be focused on the way we should live our lives together, especially through sensitivity to viewpoints other than our own. Second, we perceive a usefulness in such a differentiation when the ethical (...) values of those in a dilemmatic situation are conflicted in order to prioritize moral decision making in contemporary society. We argue that in our current era, characterized by a multiplicity of faiths and by pronounced value pluralism, a philosophical basis for moral decision making needs to be clearly attuned with intersubjectivity and interconnectivity among people. It should be able to determine principles of conduct toward others, no matter how one’s own ethical values, conceptions of the good, or life choices might differ from those of others. To do this, we relocate ethical decision making away from an essentially monological reflection on our own values and purposes into a social space wherein we have an inclusive, noncoercive, and reflective dialogue. (shrink)

The historical emphasis of medical ethics, based on substantive frameworks and principles derived from them, is no longer seen as sufficiently sensitive to the moral pluralism characteristic of our current era. We argue that moral decision-making in clinical situations is more properly derived from a process of dialogic consensus. This process entails an inclusive, noncoercive, and self-reflective dialogue within the community affected. In order to justify this approach, we make two claims—the first epistemic, and the second normative. The epistemic claim (...) follows from Habermas’ “ways” of knowing. We argue that the dialogue emanating from this episteme focuses on the relevant facts about the patient, as well as on the values attached to these facts, thus allowing facts and their meanings to serve as the basis for reflective action appropriate to the circumstances. The normative claim follows from Habermas’ discourse theory of morality and communicative action. It determines that clinical decision-making should be approached from the perspective of the actual reality of people in their situation of illness, set in their socio-cultural background, and hence be grounded in the second-person perspective. Relocating ethical decision-making from a monological space into one characterized by dialogue is especially appropriate to the clinical encounter. (shrink)

This article seeks to defend two claims: Firstly, that Universalist ethics in Habermas and Rawls cannot function without some recourse to the Good Life, or human well-being. Secondly, that such ethical reflection must involve formal anthropological considerations. In other words, it must involve a consideration of the Good that also encompasses reflection on what we are as humans. As an example, the paper draws on Habermas’ recent thoughts on ‘species-ethics’. I will argue that 'species ethics' needs to be substantiated and (...) expanded with the help of an 'anthropology of recognition'. (shrink)

Critics of Jürgen Habermas's theory of communicative action argue that he has failed to recognize the extent to which moral argumentation is grounded in particular historical contexts, cultural traditions, collective identities, or social lifeworlds. Although he has engaged in a series of strategies aimed at acknowledging the role of particularistic considerations without abandoning his primary commitment to ethical universalism, Habermas has not succeeded in meeting all of the objections of his critics. This paper treats the contradiction between formal and substantive (...) rationality, which lies at the heart of the debate, as an empirical phenomenon within the social world. It argues that the antinomy of formal and substantive rationality plays a central role in historical processes of social change. Through critical argumentation, social actors deliberate on contradictions among strategic, moral, and ethical standards of validity, and they struggle to resolve these contradictions through collective action and the reform of laws, policies, and institutions. Examples are drawn from US political history to substantiate the argument, and some questions are raised for further research. (shrink)

Habermas's transcendentalism in Knowledge and Human Interests ( KHI) deserves to be reappraised for a number of reasons. Prevailing conceptions of strong transcendental arguments, which inform many of his critics, cannot be sustained. The analytic reception of Kant suggests a more modest role for them that is remarkably similar to Habermas's claims for the paradigm of rational reconstruction. Hence a reinterpretation of transcendentalism provides a new basis for establishing a continuity between his early and later work. Habermas's underlying argument structure (...) owes much, albeit unconsciously, to Kant's concept of a regulative idea. Only the "as if" status of regulative ideas allows one to make sense of the metacritical structure of KHI and Habermas's transcendental arguments emerge as deeply hermeneutic in character rather than logical in any formal sense. (shrink)

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

This paper focuses on postcolonial theory’s engagement with modernity. It argues that postcolonialism’s problematization of modernity is significant and has to be contended with seriously. In seeking to question the predatory universalism of western modernity, postcolonial theory aspires to open up paths for different modernities that have the promise of emancipation and liberation for all cultures and societies. But the crux of this paper is that this promise is hardly fulfilled. Using critical realism, it interrogates postcolonialism’s understanding of modernity. It (...) demonstrates that, with regard to various aspects such as the material dimension, structural conditions, binaries and dualisms, relativism, fallibilism, temporality and structure/agency, postcolonialism’s formulations are incomplete and inadequate. Ultimately, from a critical realist perspective, the non-fulfilment of postcolonialism’s initial promise has serious consequences for the subjects of the ‘Third World’ that the theory claims to represent. (shrink)

We analyse solidarity as a mixture of social justice on the onehand and a set of cultural values and ascriptions on the otherhand. The latter defines the relevant sense of belonging togetherin a society. From a short analysis of the early stages of theDutch welfare state, we conclude that social responsibility wasoriginally based in religious and political associations. In theheyday of the welfare state, institutions such as sick funds,hospitals or nursing homes became financed collectively entirelyand became accessible to people of (...) all denominations. Solidaritywas transformed in a more general category, related to the statusof Dutch citizenship. Responsibility was transformed tocollective responsibility.Financial pressures on the Welfare State have resulted in adebate on choices in health care and in a number of systemreforms, so far relatively small. In the surrounding discourse,justice was linked to private responsibility. Both fromgovernment officials and from participants in the societaldebate, moralistic overtones could be heard concerning the threatof overburdening of the health care system by citizens.In this paper, we develop a concept of reflexive solidarity thatlinks elements of social justice to conceptualisations ofresponsibility that address policy makers and health careinstitutions as well as citizens, in their role of carereceivers. A short analysis of the phenomenon of personal budgetsin care services should prove that our concept of reflexivesolidarity is not empty. Linked to, but beyond the concept ofjustice, issues of social responsibility can be addressed withoutmoralistic overtones. (shrink)

Habermas' claim to provide a critique of reification by means other than marxian ones requires him to transpose not only meaningful freedom, but also a dialectical view of social becoming, into terms com patible with linguistically mediated intersubjectivity. In order to remain critical of reification as colonization, he thus finds himself committed to the view that colonization is the outcome of the development of two perma nent and competing principles of sociation. Compelled to draw upon the resources both of the (...) dialectical tradition and of transcendental pragmat ics, the theory of communicative action is thereby constrained to remain both quasi-dialectical and quasi-transcendental. This founding gesture generates, in turn, at least two unavoidable aporias. The first can be under stood as a radical and structural deficit for critical judgement concerning the interplay among the decentered cognitive value spheres. The second is an inversion of the apparent claim of accessing a 'reason beyond reason' of which he accuses Horkheimer and Adorno. It shows up in the logical and epistemological problems surrounding the relation between performative contradiction and the status of his theory. Taken together, these theories signal that the theory of communicative action, rather than amounting to a transcendence of earlier approaches to reification, is simply a parallel, but one which becomes less than fully two-dimensional. Key Words: Adorno • .communicative action • .dialectic • .Habermas • . Horkheimer • . performative contradiction • . * reason • . reification. (shrink)

It has been a decade since Computer Ethics came into prominence within the field of computer science and engineering, changing not only the profession but the classroom as well. The commercialization and globalization of the World Wide Web has impacted us all, both producers and consumers alike. What was once the province of the few has become the virtual society of the multitudes. Ethical issues concerning security, privacy, information, identity, community and equity of access once contained and localized, have assumed (...) additional complexity in the global environment. Every day, the front pages of our newspapers and magazines report violations of one sort or another.This paper will address two questions: As we move into the 21 st century, how can we shape 'ethical' information communication technology professionals? And, is our vision of an 'ethical' global on-line society a realistic one? (shrink)

This article addresses the ongoing debate between transcendental pragmatics and philosophical hermeneutics. I argue that Apel's version of linguistic transcendentalism is to be refuted, if one succeeds in demonstrating that the normative conditions of intersubjective validity of the argumentative discourse are `derivable' from the fore-structure of the discursive-practical medium of communication. Loci for specifically hermeneutical investigations of this fore-structure include the proto-normativity of the discursive practices, the effective-historical openness of the medium of communication, and the interplay between argumentative discourse and (...) medium. (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)

The digital economy has provided opportunities for new forms of economic practice. At their purest, these forms deliver economic benefits as gifts and depend on cooperation without authority. Drawing loosely on Habermas, we may call this a lifeworld economy – an economy that is coordinated by communicative interaction – as opposed to the systems economy of market and state, coordinated by money and power. This formulation, however, faces both theoretical and practical challenges. On the theoretical side, the notion of a (...) lifeworld economy does not sit easily with Habermas’s own formulation of the distinction between lifeworld and systems. On the practical side, the digital lifeworld economy has been steadily colonized by capitalist businesses, which have frequently found ways to incorporate forms of gift and cooperation into profit-oriented business models. This article proposes to reformulate Habermas’s distinction as a reference to different kinds of causal mechanisms, detaching it from his functionalist framework and enabling a more flexible application to empirical cases. It then applies it to a series of iconic cases from the digital economy: Amazon, Wikipedia, and open source software, to demonstrate its continuing relevance to very current issues. (shrink)

Finanskrisen har satt fornyet fokus på den praktiske betydningen av samfunnsøkonomifaget. I det følgende vil jeg diskutere fagets problematiske posisjon i overgangen mellom teori og praksis. Dette danner utgangspunkt for min påstand om at økonomene bærer et moralsk ansvar for hvordan faget direkte og indirekte legger premisser for økonomisk politikk og dermed også for den økonomiske utviklingen i samfunnet, finanskrisen inkludert. Jeg vil argumentere for at dette påkaller en etisk og epistemologisk bevisstgjøring av samfunnsøkonomiprofesjonen, og jeg antyder noen forslag til (...) hvordan dette kan angripes. (shrink)

semantic minimalism and moderte contextualism.

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

The thesis contrasts two hostile and divergent intellectual paradigms in social sciences: rational choice and critical theory. Both rational choice and critical theory offer contrasting perspectives on the structures of social interaction. However, both critical theory and rational choice theory share overlapping concerns ie., both are preoccupied with determining what rational can mean in the realm of social and political interaction. In the case of rational choice paradigm, instrumental reason forms the cornerstone of the theoretical edifice. Ever since the publication (...) of Jurgen Habermas' The lhemy qf Communicative Action Vol. / and Vol. II instrumental reason has come under severe attack. His critique anchors on a theory of communicative reason. What makes Habermas' work distinctive is that he does not regard instrumental reason as the single inevitable concomitant of modernity. Habermas sees in modernity an alternative way of conceptualising social interaction in terms of communication rather than strategy. So in a way, his work is a challenge to the defenders of modernity aiming to build a unified social science Jurgen Habermas advances the notion of communicative reason as the centerpiece of a social theory as opposed to instrumental reason. By providing a systematic grounding of the concept of reason in human language, he hopes to establish normative basis of critical theory. This model of reaching agreement or consent constitutes a process of dialogue in which reasons are exchanged between participants. This process is perceived to be a joint search for consensus. Such a dialogic concept of collective choice would necessarily work not with fixed preferences to be amalgamated but with preferences that are altered or modified as competing reasons are advanced in the course of discussion. In rational discussion, the only thing supposed to count is the power of better argument. Both rational choice and critical theory conceptualise politics in different ways. Rational choice theories critique democratic mechanisms failing to generate general will. Consequently, the political prescriptions offered are limited government or market. On the contrary, the political implications of Habermas' theory of deliberative democracy is anchored in the notion of liberal public sphere envisaging a cognitivist, rationalist vision in which discourse forms a critical normative basis for evaluating the political and moral principles. (shrink)