The out?dated intentionalistic assumptions manifest in Habermas's Theory of Communicative Action undermine a solution to the problem of order in action theory beyond utilitarianism. An analysis of his intersubjectivistic conception, which is based on the theory of the speech?act, shows that the incompleteness of Habermas's linguistic turn is due to his attempt to revive the older Critical Theory's concept of critique. The claims for a scientifically well?founded revival of a universal concept of reason ? which are asserted in this concept (...) ? invalidate the intersubjectivistic paradigm in action theory and therefore obstruct the way to a de?individualized formulation of the theory of social contract that avoids the paradox of utilitarian models. (shrink)