This article introduces the conflictual theory of law as a new way of understanding laws as struggles over meaning, in which actors create and circulate social knowledge to justify their interpretation of rights. The theory addresses law-production processes and underlying knowledge/power constructs, for example, in legislative deliberations and interactions between politicians and the media. It shares pragmatist commitments to a highly participative version of democracy, attained through the active involvement of all members of society in democratic processes and rejects claims (...) of universally applicable legal “truths” in favour of the constant negotiation of laws between members immediately affected by a law. Pragmatism’s antifoundationalism challenges the dualism between citizens and non-citizens, facilitating the inclusion of the latter in legislative deliberations. (shrink)

Issues of communication and the possibilities for the transformation of perspectives through an experimental dialogue resulting in a mutual, open, receptive, and non-judgmental consideration of the other are addressed in this paper from transdisciplinary theoretical and conceptual standpoints. The warrant for cultivating this type of communicative ability is based on arguments resulting from the assumption of widespread confusion and conflict in intrapersonal, interpersonal, intergroup, and ecological relations across the globe. I argue that there are two distinct classes of “reasons” for (...) this proposed practice of dialogue. First is recognition of the need for human individuals to engage in a regular and systematic “social maintenance” of embodied consciousness to forestall the continuous colonization of the past/future on the living present that embodied consciousness entails. Second is the teaching of a skill to creatively and respectfully engage with others in a mutual transformation of perspectives. This paper addresses the general problem of perspectives and reflexivity at the root of the communication phenomenon and by extension – to its scale and to its pathologies in individuals and collectives. It is argued that suspension of judgment, assumption, and habit helps interlocutors to recognize the possibility of holding one's history in a tensional abeyance and to focus on the living present independent of habitualized and reified identities and the embodied manner in which we unconsciously carry ourselves as social or “universalized selves” in social situations. (shrink)

In this essay, I reconstruct H. Richard Niebuhr's interpretation of George Herbert Mead's account of the social constitution of the self. Specifically, I correct Niebuhr's interpretation, because it mischaracterizes Mead's understanding of social constitution as more dialogical than ecological. I also argue that Niebuhr's interpretation needs completing because it fails to engage one of Mead's more significant notions, the I/me distinction within the self. By reconstructing Niebuhr's account of faith and responsibility as theologically self-constitutive through Mead's I/me distinction, I demonstrate (...) Niebuhr's deep yet unacknowledged agreement with Mead: the self is constituted by its participation in multiple communities, but responds to them creatively by enduring the moral perplexity of competing communal claims. I conclude by initiating a constructive account of conscience that follows from this agreement. Conscience is more ecological than dialogical because it regards our creative participation in multiple ecologies of social roles oriented by patterns of responsive relations. (shrink)