This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces (...) in such a way that they cannot be said to have acted freely. Yet as traditionally presented it was possible for its opponents to interpret this challenge as an incompatibilist position within the traditional free will/determinism debate, and to present compatibilist arguments against it—in particular, that the determinist challenge is unmotivated and has implausible implications. It is argued that these compatibilist objections hold only on a certain interpretation of the determinist challenge, but that this interpretation is not the only one available. Adorno’s distinctive position on freedom and determinism is presented as an alternative version of the challenge, which cannot be assimilated to the terms of the traditional compatibilist/incompatibilist disputes. This novel, ‘metacritical’ version of the determinist challenge is essentially a social–historical, not metaphysical, thesis about the moral significance of the freedom-undermining effects of modern social forms. As such, it is argued, it is invulnerable to the usual compatibilist objections, and presents a serious challenge to our criminal legal institutions. (shrink)

Adorno's moral philosophy is famously problematic. One of the main reasons for this is that it revolves around the moral addendum: a physical impulse of solidarity with suffering beings that, he argues, cannot and should not be rationalized. I show that, since this moral addendum remains vague and since Adorno's radical negativity forces him to dismiss as uncritical all other approaches to morality, he deliberately places his thought in danger of relapsing into irrationality. Most commentators therefore disagree about the manner (...) in which Adorno's references to the moral addendum can be translated into a moral theory. In this paper, I bring in some often overlooked material to form a more complete overview of the issues at hand and to adjudicate this contested area. I do this by briefly discussing Schopenhauer's moral observations on Mitleid and by focusing on Adorno's references to animal cruelty and corporeality. Although this interpretation stays close to Adorno's observations on the moral addendum, it forces us to accept that his moral philosophy is rather weak. I conclude, however, that this weakness reflects a disturbing aspect of reality and in that sense has critical value. (shrink)

In this article, I engage with three overlapping expressions of the increasingly postsecular cast of social and cultural theory. These currents — guided, respectively, by genealogical critique, neo-vitalist social philosophy and postcolonial anti-historicism — seek to problematize the frame of previous radical theorizing by exposing definite connections between the epistemological and political levels of secular understanding, and by assuming that the nature of those linkages counts heavily against secularism. As well as offering an interpretive overview of these contributions, I suggest (...) that they are traversed by a number of conceptual flaws and inconsistencies. The tensions, I argue, stem from the fact that in spite of appearing to be driven by a strong anti-secular thrust, these positionings remain thoroughly intra-secular in character. This needs to be more emphatically acknowledged if the ‘postsecular turn’ is to be productive. (shrink)

This article argues that a transcendental materialist conception of subjectivity can move us beyond the orthodox idealist theories that dominate progressive thought in advanced consumer-capitalism. This position can shed new light on current forms of subjectivity that seem to prefer life in consumer culture's surrogate social world rather than active participation in cultural and political resistance and transformation, which requires far more than simply 'transcending the norm'. The rebirth of creative political subjectivity is impossible unless the subject is prepared to (...) risk a traumatic encounter with the Real, the fundamental indeterminacy that exists not in the ideal-symbolic but the material realm, and prepared to reject liberal-postmodernist identity politics to participate in the construction of a coherent alternative ideology. (shrink)

Following the rise of virtue and character education, educational philosophers have recently given much attention to questions relating to virtue and the good. This, however, has not been paralleled by a similar interest in vice and evil, which, in this context, are examined only rarely. In this article, I use the work of the American philosopher John Kekes as a backdrop for discussing the role coping with vice and evil should play in virtue and character education. I show how Kekes’ (...) assumptions that people have natural inclinations towards both virtue and vice and that evil and vice are an inevitable part of human existence lead to the idea that character education should explicitly discuss not only the virtues but also the vices, that it should promote self-control and that it should bring people to recognize that they have mixed moral inclinations. I then argue that even if we reject Kekes’ key assumptions, embracing these three ideas that attempt to provide means to counter the vices might still have marked benefits for character education. The article concludes by suggesting that while the ideas that stem from Kekes’ approach should not necessarily be embraced, the themes that they raise call for greater consideration and further analysis. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 2 Seiten: 211-238.

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 2 Seiten: 239-266.