A critical evaluation of Rawlsian and Habermasian paradigms of political philosophy that offers an interpretation and defense of Habermas's theory of law and ...

The critical theory tradition has, since its inception, sought to distinguish its perspective on society from more purely descriptive or normative approaches by maintaining that persons have a deep-seated interest in the free development of their personality—an interest that can only be realized in and through the rational organization of society, but which is systematically stymied by existing society. Yet it has struggled to specify this emancipatory interest in a way that avoids being either excessively utopian or overly accommodating to (...) existing society. Despite the fact that Hegel’s concept of reconciliation is normally thought to run aground on the latter horn of this dilemma, this book argues that reconciliation is the best available conceptualization of this emancipatory interest. It presents Hegel’s idea of freedom as something actualized in individuals’ lives through their becoming reconciled to how society shapes their roles, prospects, and sense of self; it presents reconciliation as being less a matter of philosophical cognition, and more of inclusion in a responsive, transparent political process. It then introduces the concept of reification, which—through its development in Marx and Lukács, through Horkheimer and Adorno—substantiates an increasingly cogent critique of reconciliation as something unachievable within the framework of modern society. Giving equal attention to psychoanalysis and legal theory, the second half critically appraises the writings of Rawls, Honneth, and Habermas as efforts to spell out what a concept of reconciliation more democratic and inclusive than Hegel, yet sensitive to the reifying effects of legal systems, might mean. (shrink)

This paper proposes reformulating the theory and critique of reification around the democracy-undermining consequences of reification in law. In contradistinction to Axel Honneth’s attempts to revive reification as an orienting concept for critical theory using moral and psychological categories, I reconstruct the elements of a theory of legal reification from Marx’s and Lukács’ writings, both of whom suggest the formality of modern legal systems tends to render legally mediated social relations in an ossified, nature-like manner, although I argue that neither (...) could assemble a full theory of legal reification absent insights from the theory of constitutional democracy and legal realism. I close by arguing that it is fruitful to view reification as closely linked to modern legal practices because it grounds the concept in a way that avoids theoretical problems found in Lukács, as Honneth wishes, while connecting it to normative issues in law and democracy in a way that he does not. (shrink)

This paper explores the connections between Kant’s theory of hierarchical racial difference, on the one hand, and his cosmopolitanism and conceptions of moral and political progress, on the other. I argue that Kant’s racial biology plays an essential role in maintaining national-cultural differences, which he views as essential for the establishment of the cosmopolitan union. Unfortunately, not only are these views racist, they also complicate Kant’s ability to consistently think through the prospect of the human species’ moral progress. Thus, while (...) in the abstract, Kant’s attempts to understand the prospects for moral and political progress as rooted in historical reality, and his insistence that such progress is necessarily connected to the persistence of cultural difference, is appealing, his own way of carrying this out is decidedly not, being so intimately connected to racial hierarchy as a basic source of difference. (shrink)

If reification is the projection of a false, thing-like appearance onto society, what is de-reifying critique supposed to reveal? After distinguishing between versions of reification based on a social ontology of will from those that think of the social as a normatively constituted domain, I argue that Lukács’ work on reification fudges this distinction through his account of class. I then turn to the debate between Schmitt and Kelsen, where the will-versus-norm issue is central. I argue that the consonance between (...) ideas about reification and will-based theories like Schmitt’s is superficial, as the latter relies on identification with authority for its account of normativity, making Kelsen’s ideas about normativity stemming from an orientation toward intersubjective process more convivial. I note, however, that norm-based accounts are less amenable to radical change than will-based ones, making the link between de- reification and radical politics less direct than is often thought. (shrink)

In this article, I argue that political philosophers like Rawls and Habermas that characterize their methods as non-metaphysical or postmetaphysical depend on constitutions in order to provide a positive and public reference point for democratic participants. Michelman shows how this dependency is problematic, by contending that disagreement about the meaning of constitutional rights and the indeterminacy of their application undermines the rationality of consensus. I argue that his concerns raise serious problems for Rawls’ theory. Habermas, on the other hand, has (...) some tools to deal with Michelman’s critique — namely, his distinction between discourses of justification and application, and his idea of constitutional patriotism — but he must concede that much of the substance of constitutional democracy is basically up for grabs. I conclude by suggesting why these consequences are less threatening than they may seem. (shrink)

This paper has several aims. Its main interpretive task is to argue that the democratic aspirations of contemporary critical theory are informed and haunted by an essentially Hegelian conception of constitutional order that I describe in part 1, according to which the modern state represents an institutional structure that integrates society through rational activity by mediating between the different interests of various social strata, connecting them in a common enterprise—haunted, because this Hegelian vision of making individuals free and “at home” (...) in the modern world, reconciled to it by virtue of being able to comprehend their social order as the work of their own shared reasons, remains a griping one, but one that critical theorists starting with the Left Hegelians view as increasingly implausible under modern social conditions. In section 2, I trace the decline of confidence in the prospects for the rational/mediational integration of society Hegel envisioned through Horkheimer and Adorno, and discuss some relevant aspects of Habermas’s initial reception of their views. Section 3 argues that the conceptions of democratic constitutional politics offered by Habermas and Benhabib should be read as attempts to recover, in a critical manner and under changed conditions, Hegel’s idea of social order as the product of rational activity. Along the way, I will make three interpretive and critical points: first, the existence of this link to Hegelian conceptions of constitutionalism demonstrates that interpretations of Habermas’s later work that read him as having broken with the tradition of Left Hegelianism are overstated—my reading of Habermas highlights his essentially Hegelian proceduralism and the social theoretic dimension of his work, and should challenge people who think of him as a neo-Kantian moralist. Second, this Left Hegelian social theoretic backdrop provides a stronger normative justification for the practice of democratically rearticulating constitutional norms—along with its apparent demotion of the stabilizing virtues of the rule of law—than the contextual one that some legal theorists have so far offered. Thirdly, I will comment on the shortcomings of Habermas’s conception of democratic constitutionalism, as well as Benhabib’s modified concept of “democratic iterations,” along with some brief suggestions on how this set of ideas should be developed. (shrink)

This paper explores issues that arise between Adorno and Marcuse over the potentials and implications of Freudian theory. These concern whether it is possible to expound a non-repressive relationship between what Freud calls the life and death drives, on the one hand, and the ego, on the other, that does not collapse into abstract utopianism or clear heteronomy. After detailing the theory of instincts and ego formation that early critical theory draws from Freud, I argue that neither Adorno nor Marcuse (...) is successful in articulating the possibility of such a non-repressive form of subjectivity: Adorno produces a powerful conception of freedom as non-reductive, communicative reconciliation between ego and instinctual nature, but remains committed to a Freudian conception of the interplay between elements of the psyche that makes it difficult to see how reconciliation could be actualized therein. Marcuse, on the other hand, develops a conception of liberation that largely abandons the ideal of ego autonomy by rendering the ego a spectator to the unfurling of instinctual impulses. In the concluding section, I argue that a more judicious evaluation of the death drive’s contribution to critical thought could clear space for a rapprochement between Adorno and Marcuse, and a more successful incorporation of Freud into critical theory. (shrink)

This paper argues that the diagnostic import of Adorno's culture industry writings lie in their psychoanalytically rooted claim that contemporary culture is losing its ability to negate and reconfigure experience, due to the modern subject's instrumentalized relationship to culture. Adorno uses psychoanalytic ideas—namely, modified and historicized versions of Freud's theory of the instincts, ego formation, the reality principle, and the superego—to show that changes in the social organization of the psyche, which track the transition from myth to enlightenment, put the (...) ego in a precarious position, torn between a primal fear of nature that drives it to submit to society, and internalized fear of its own internal nature, as well as of losing itself in society. This explains how culture becomes a resource capable of being mobilized by the ego's defense mechanisms of identification and introjection to shore up its own sense of solidity, thereby negating culture's potential for transcendence or transformation. This paper concludes with a coda that suggests that, while rejecting Adorno's metacritique of the reason is not sufficient grounds for rejecting the culture industry, critical theorists like Habermas and Honneth may have other tools at their disposal for contesting its conclusions. (shrink)

Canonical, system-building philosophers often have a characteristic “way of looking at things,” that is, a specific method for doing philosophy that they apply to a wide array of topics, and which they view as rooted in some basic propositions about, for example, rationality, human nature, or the nature of reality. This is part of what makes them compelling. For contemporary interpreters, however, it raises questions about how much these foundational claims need to impact our ability to understand or learn from (...) other aspects of their thought—especially if we are leery of the foundational claims. Such interpretive vexations are especially urgent with Hegel: Hegel certainly has a characteristic way of looking at.. (shrink)

This article examines the role of class divisions in critical social theory through Habermas’ theory of law and democracy. It begins with Hegel’s view that social freedom involves reconciliation with the modern division of labor, which in turn requires membership in ‘estates’, and his thoughts on their role in the state. While subsequent Left Hegelian thinkers reject these institutions as authoritarian, the melancholic tenor of much Frankfurt School social theory stems partly from their view that class divisions are not only (...) entrenched, but also ‘latent’ and therefore not amenable to reconciliation through the political process that Hegel envisions. Habermas’ conception of ‘interchange roles’ between the system and the lifeworld as sites of reification, but potentially of democratic contestation, synthesizes these lines of thought, by conceptualizing how the political mediation of class-based interests can be an ongoing possibility amidst a condition of latent class conflict. (shrink)