Als Signatur moderner demokratischer Gesellschaften gilt heute weithin, was John Rawls zu Beginn der 1990er Jahre als „vernünftigen Pluralismus“ bezeichnet hat. Mit ihm einher geht die Frage, wie divergierende Lebensformen miteinander ins Gespräch gebracht werden können und wie sich dabei zu legitimen politischen Urteilen kommen lässt. Ich werde in meinem Beitrag argumentieren, dass sich die genannte Frage lösen lässt, wenn wir uns der jüngeren Diskussion von Arendts Theorie der Urteilskraft von Linda Zerilli zuwenden und diese mit Rahel Jaeggis Überlegungen zur (...) Kritik von Lebensformen verbinden. Dafür werde ich zunächst Arendts Überlegungen zur politischen Urteilskraft rekonstruieren und zeigen, wie diese Kants Modell der ästhetischen Urteilskraft auf den Bereich des Politischen zu übertragen versucht. Ich werde argumentieren, dass Arendt diese Transposition nur teilweise gelingt und eine Reihe von wichtigen Fragen ungelöst bleibt. Arendts Überlegungen sind damit jedoch keineswegs obsolet, sondern müssen vielmehr weiter gedacht werden. Zerilli hat hierfür jüngst einen wegweisenden Vorschlag vorgelegt, der Arendts Theorie der Urteilskraft nicht mehr im Ausgang von Kant, sondern von Wittgenstein zu denken versucht. Die damit einhergehende Perspektivverschiebung erlaubt es, den Streit zwischen divergierenden Lebensformen mit Jaeggi als eine mit den Mitteln der immanenten Kritik geführte Auseinandersetzung um deren Lernfähigkeit zu begreifen, was am Beispiel des Streits zwischen den Lebensformen der Kleinfamilie und der Kommune deutlich gemacht werden soll. (shrink)

The aim of this article is to explore how, and to what extent, Italian thought – by its focalization on pre-modern theoretical issues and its distance from classical modern topics, such as the philosophy of conscience or the transcendence of language – can offer a different insight on contemporary social theory and critical theory, after the dissolution of the idea of totality as a foundational concept of modernity. In the last decades, a frame named ‘Italian theory’ has started to circulate (...) in international theoretical debates, often with the aim of replacing the exhausted paradigms of poststructuralism, postmodernism and deconstructionism. Indeed, ‘Italian thought’ seems to offer new insights, thinking about the ‘post-totality’ era in a different way. In the article we present a synthetic cartography of Italian thought and we analyse the way in which it can contribute to design new horizons for social theory. (shrink)

Current theoretical account of judgment has a difficult time saying anything positive about the experience of judging and, when they do offer positive accounts, they seem to overlook much that we know about the capacity already in our daily lives. Following the work of Martin Heidegger and Hubert Dreyfus, this article provides a phenomenological consideration of the structure of judging that considers judgment not as an intellectual act, but as a comportment. The article proceeds in two parts. The first offers (...) a brief consideration of the assumptions of intellectualist accounts and shows why, ultimately, they may be unable to bring judging into focus. The second section offers a phenomenological account of judging. The argument of section two is that deliberate judgment is a continuation of the structure of judgment understood as comportment and, in turn, that intellectualist accounts come onto the scene too late. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

The aim of this article is to reassess the conceptual link between politics and our capacity to create images. Although a lot has been written on what we can call the ‘politics of imagination’, much less has been done to critically assess the conceptual link between the two in a systematic way. This paper introduces the concept of imaginal, understood simply as what is made of images, to go beyond the current impasse of the opposition between theories of imagination as (...) an individual faculty, on the one hand, and theories of the imaginary as a social context, on the other. As such, I also argue that the concept of imaginal is the theoretical tool most adapted to capture the nature of the conceptual link between politics and our capacity to produce images. This analysis is finally applied to contemporary politics and it is shown to be able to bring light to many of its paradoxes, including that of a political world full of images, but deprived of imagination. (shrink)

The aim of this article is to show that, in order to understand the new public role of religion, we need to rethink the nexus, often neglected by contemporary philosophy, between politics and imagination. The current resurrection of religion in the public sphere is linked to a deep transformation of political imagination which has its roots in the double process of the reduction of politics to mere administration, on the one hand, and to spectacle, on the other. In an epoch (...) when politics is said to be simply a question of ‘good governance’, of good administration within a neo-liberal consensus, the paradox is that of a lack of political imagination which goes hand in hand with its hypertrophy through the media. This article tackles this paradox, by firstly discussing the nexus of politics, imagination and religion and, secondly, by analysing their contemporary transformations. In conclusion, the thesis is illustrated through the analysis of some contemporary examples. (shrink)

In this article I present some implications for a concept of transitional justice through the comparison of two approaches: retributive vs. restorative theories. Notwithstanding their profound differences in perspective, both models are grounded upon a strong notion of the public sphere. Accordingly, after showing why neither of the two approaches exhausts the problems of transitional justice, I will demonstrate how a ‘complete’ justification requires a certain view of public reason based upon rights as truth-constraints of the public sphere.

This essay explores the notion of moral exemplarity, positing that our morality is underpinned by moral exemplars – paradigmatic examples of virtuous individuals or actions. Theoretical precepts of moral exemplarity are explored across historical and contemporary contexts, including the philosophies of Plato, Aristotle, Stoic and Christian ethics, and recent works of Alexandro Ferrara and Linda Zagzebski. This essay debates the necessity of moral exemplars, the intrinsic moral and epistemic exemplarity, and the distinction between categorical and hypothetical exemplarity, as well as (...) referencing the paradoxical Kantian dismissals of moral exemplarity. It critiques current accounts of moral exemplarity and proposes a transcendental explanation, culminating in an examination of the “exemplarist categorical imperative.”. (shrink)

The conception of disinterested pleasure is not only central to Kant’s theory of beauty but also highly influential in contemporary philosophical discourse about beauty. However, it remains unclear, what exactly disinterested pleasure is and what role it plays in experiences of beauty. This volume sheds new light on the conception of disinterested pleasure from the perspectives of both Kant scholarship and contemporary aesthetics. In the first part, the focus is on Kant’s theory of beauty as grounded on the conception of (...) disinterested pleasure. In the second part, disinterested pleasure is investigated in the light of contemporary debates on beauty. The third part is dedicated to the relation of theories of disinterested pleasure to the meta-aesthetical debate between realism and anti-realism. The volume clarifies the meaning, role, and implications of one of the most influential conceptions in traditional as well as contemporary approaches to beauty. (shrink)

Moral particularists and generalists alike have struggled over how to incorporate the role of moral salience in ethical reasoning. In this paper, I point to neglected resources in Kant to account for the role of moral salience in maxim formation: Kant's theory of reflective judgment. Kant tasks reflective judgment with picking out salient empirical particulars for formation into maxims, associating it with purposiveness, or intentional activity (action on ends). The unexpected resources in Kantian reflective judgment suggest the possibility of a (...) particularist universalism, where recalcitrant particulars directly inform, and in some cases revise, moral principles. Such an account improves on particularist accounts of moral salience and moral perception: rather than deriving moral sensitivity solely from an agent's upbringing or cultural resources, the reflective dimension is situated alongside the universalist dimension of moral principles typically identified with Kantian ethics, allowing for a critical approach both to moral universals and to the reception of moral particulars. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 7, Page 937-955, September 2022. Reasonableness is a complex notion recently developed by legal and political theorists. John Rawls’s famous proposal of ‘reasonableness as reciprocity’ requires careful testing in the light of several criteria arising from legal doctrine and adjudication. I enquire into this variety of concepts in search of a common thread that makes sense of the use of the same concept in diverse contexts. I assume the normative thrust of reasonableness as (...) an institutional and an individual virtue the basic core of which derives from Aristotelian phronesis. However, this double aspect of reasonableness betrays its major complexity that I try to shape through the help of two categories: subjective agency and objective context. The upshot of my enquiry will be that of showing that we can use another model, alternative to Rawls’s and better able to make sense of the variety of legal and ethical uses: Von Wright’s reasonableness as ‘the right way of living’. (shrink)

The paper offers a new model of politics adequate for the Anthropocene epoch. It uses the concept of ‘heterotopia’ to argue for the environmental potential of Arendtian political philosophy. The adopted meaning of heterotopia combines its Foucauldian (as interpreted by L. De Cauter and M. Dehaene) and medical sources. It is argued that, thus understood, the concept can be applied to the Arendtian idea of judgment. In this capacity, the concept of heterotopia is both politically foundational and environmentally relevant. It (...) helps us maintain the idea of politics as humanely construed activity, while recognising that political actors are also natural beings, whose actions draw on and affect the non-human world. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of criticism, arguing (...) that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (shrink)

This paper is part of a broader project in which I investigate autobiographical experiences and transcribed memories. Specifically, this essay analyzes the potential linkages between philosophical ideas and everyday social existence. First, I consider the correspondence between an anecdote from my own lived experience and the concept of Bildung—a multidimensional notion loosely translated as “formation,” “self-formation,” “cultivation,” “self-cultivation,” “self-development,” “cultural process,” and so on. Building on Hegel’s and Gadamer’s contributions to Bildungstheorie, I introduce readers to the concept. Then, in analyzing (...) my anecdote, I destabilize the concept and demonstrate that any act of Bildung can be trivialized easily by Rückbildung. The general scope of this essay is neither to contribute to the systematization of the concept of Bildung nor to discuss potential commonalities within the realm of interpretative contributions to this notion. Instead, I demonstrate that thinkers cannot measure this concept with a set of fixed criteria and, finally, I propose a critical understanding of Bildung through a dialogue of theoria and praxis. (shrink)

Human rights are both a means for the ideological justification of the status quo and for its utopian subversion. In order to account for this paradox we need to consider the role that our capacity to form images plays in human rights discourses. I will first discuss how best to conceptualise the capacity to produce images, which is the focus of this paper. In order to go beyond the impasse generated by philosophical approaches to imagination as an individual faculty, and (...) by sociological approaches to the imaginary understood as a social context, I propose to use the category of the ‘imaginal’, understood simply as that which is made of images and can therefore be both the product of an individual faculty and a social context. Second, I show how the imaginal enters the three major strategies of justifications of human rights, when we think of them as ‘human’, as ‘rights’ and as ‘rational’. Finally, I will show that the imaginal is also the force that compels us to enforce human rights, to put ourselves in the shoes of others and imagine a world that is different from the one in which we are currently living. (shrink)

Arendt uses the exemplary validity of Socrates to think and value the possibilities of joint philosophical and political orientations in our present juncture. In this way Arendt’s ‘Socrates’ is not a mythic, historic, or dramatic individual, but offers an example of the best of the human condition. Unfortunately, because Arendt held the social conditioning and constraining of Socrates’ possibilities at arm’s length, his status as an exemplar is problematic and he ends up referring to a historical rather than contemporary possibilities. (...) While Arendt had resources in her notion of the ‘world’ to better ground her simultaneously analytic and normative construction of ‘Socrates’, the lack of a social grounding makes ‘Socrates’ a significantly unmoored and shifting signifier. After showing the vacillations of ‘Socrates’ in Arendt, I supplement her normatively laden account with a Weberian grounding. With this firmer social grounding, ‘Socrates’ can refer to the possibilities of joint philosophical and political orientations in ancient Athens and thereby highlight how our world makes a contemporary version unlikely or impossible. Yet, this Weberian grounding comes at a cost. The normative dimension essential in Arendt’s ‘Socrates’ is lost due to Weberian value-neutrality. ‘Socrates’ can name a contemporary unlikelihood or impossibility, but if the enveloping social order does not value what it renders impossible, Weberian ideal-types on their own are incapable of offering normative resources for critique. I conclude by blending a Weberian social mooring with Arendt’s value-laden framework for social analysis and thereby recuperate the missing normative dimension. In short, by accepting the relational, necessarily plural, and dynamic root of human action we can, much like Arendt’s intended use of ‘Socrates’, value orientations that best express these norms, and criticize contemporary conditions that constrain their realization. (shrink)

Political consumerism is consumer choice beyond self-interest. Allegedly blurring the public–private threshold and overcoming the limits of traditional politics, it epitomizes in many respects late modern governance. Reflecting on the meaning and scope of consumer political agency, scholarship has engaged with the governmentality perspective. Important studies have ensued, together with irresolvable disputes and a neglect of the relationship that consumers establish with their objects of concern. To address this question, and drawing on the philosophical contributions of Roberto Esposito, the article (...) elaborates on the notion of immunization. Being immune means having nothing in common with others, no obligations towards them. This analytical register may significantly broaden our understanding of current changes in political agency. A review of three main issues (responsibility-taking, downshifting, and the public) shows that the paradox of political consumerism – like other forms of governance that replace political obligations with private autonomies – is that it endeavours to (re)establish or strengthen the communal ties while at the same time using immunization as its fundamental resource. (shrink)

The renewed interest on political realism can offer a new reading of the traditional dichotomy between normative and realist conception of constitutionalism. The purpose of this article is to analyse this renewed discussion, especially by focusing on the relationship between “political realism” and “political constitutionalism,” in the light of some theorists and authors—such as Richard Bellamy and Jeremy Waldron. After a brief introduction in which political realism will be discussed, especially through Bernard Williams’ reinterpretation, the article proposes a rereading of (...) democratic constitutionalism from the classical dichotomy between normativism and realism in political theory. The focus will be set on three key issues: 1. Richard Bellamy’s constitutional theory in a realist perspective; 2. An insight of legal constitutionalism under a normative banner; 3. A brief conclusion in which the risks of a majoritarian and populist constitutionalism will be discussed. (shrink)

This article argues that Hannah Arendt’s thought can offer significant insights on political judgement for realism in political theory. We identify a realist position which emphasises the need to account for how humans judge politically, contra moralist tendencies to limit its exercise to rational standards, but which fails to provide a sufficient conception of its structure and potential. Limited appeals to political judgement render the realist defence of the political elusive and compromise the endeavour to offer a meaningful alternative to (...) the moralist tendency to displace politics. The potential and limitations of realist discussions on judgement are made visible in relation to proto-realists Judith Shklar and Isaiah Berlin. In seeking to enrich the realist conception of the political, the article introduces the displacement critique found in the neglected Arendtian ‘realism’. It also provides the foundations for a distinctly realist account of political judgement which, we argue, requires elaboration along two dimensions: the social coding of political judgement and the political capacities that help judgement build a suitable political sphere. (shrink)

Legal and political philosophers of a normative bent face an uphill struggle in keeping themes of global justice and cosmopolitan governance, at the forefront of their disciplinary debate, given the perceived urgency of confronting, at the domestic level, the populist upsurge in mature democracies and “democratizing societies” alike. In this paper, these two levels of analysis—national and transnational—mutually enrich one another through a reflection on the ground of legitimacy. In the first section, neo-perfectionist approaches to the legitimation of transnational authority (...) and public reason approaches rooted in the paradigm of “political liberalism” will be contrasted. In the second section, a non-perfectionist and normative conception of the legitimacy of transnational authorities will be derived from Rawls’s “liberal principle of legitimacy” and the difference with the application of the same principle at the domestic level will be elucidated. In the third section, on the basis of such conception, one of the most complete and influential approaches to the legitimacy of transnational authorities—i.e., the “Complex Standard of Legitimacy” expounded by A. Buchanan and R. Keohane in “The Legitimacy of Global Governance Institutions”—will be critically assessed. (shrink)

Reflections on Little Rock is one of Hannah Arendt’s most controversial writings. Read from the perspective of the political philosopher, it appears even more contentious than her famous remarks in Eichmann in Jerusalem. In the last two decades, a number of critical contributions have been published addressing this essay, highlighting how it casts serious doubts on the correctness of Arendt’s dealing with the racial question and, more generally, on the tenability of central elements of her political thought – e.g., her (...) distinction between the political and the social. However, only occasional – and, as I will try to demonstrate, quite imprecise – analyses of the implications of RLR for an understanding of Arendt’s view of judgment have been produced. The aim of the present article is to reread what both Arendt’s position on judgment and its main contemporary reformulation, advanced by Linda Zerilli, imply for the making of political choices in pluralistic societies. Special attention will be... (shrink)

The ‘constructivist turn’ in political representation literature has clarified that representation is crucial in forging identities – through the creation of ideological and symbolic representations that mobilize and coalesce otherwise scattered and undefined social forces – and thus also why it is essentially an interpretative and performative activity. In this article I argue that, as a consequence of this emphasis on interpretation and performativity, this approach makes clear why the ethos of representatives is important in representation. To prove this, I (...) employ some insights from rhetoric. Rhetorical persuasion and democratic representation, indeed, call for a similar kind of judgment, as they both need to mediate between opposing exigencies: rhetoric between attentiveness to the specificity of the audience and the creation of new beliefs, and representation between being responsive to specific interests and giving them a new articulation. Mediating this tension requires an exercise of judgment that, being directed toward the future, inevitably introduces uncertainty into the relation. This is why both in rhetoric and representation the ethos is an essential element. However, as I argue in the conclusion, the personal qualities that should be considered relevant here are above political qualities, rather than technical or moral ones. (shrink)

The paper intends to initiate a discussion on the politico-liberal concept of judgment. It is argued that whilst political liberalism (PL) – presented as an account of political objectivity – already appeals to judgment, this conception is an unsatisfactory one. This critical assessment is supported by the juxtaposition of PL with an Arendtian understanding of political objectivity which offers a more robust account of judgment. In the conclusion, the possibility of applying the Arendtian solution to PL is outlined.

Conversely to the United States, lobbying consulting in France is a relatively recent activity and is perceived negatively by a majority of the population. Influencing public decision-making is certainly a sensitive occupation at both managerial and societal levels. This is why ethics applied to business can play a central role while establishing the practice of lobbying in France. This paper examines the issues and the practices of ethics in lobbying consulting. The field for this exploratory study is a lobbying consultancy (...) firm based in France. Our research is developed through a 3-month participant observation and complemented with secondary data on the lobbying profession in France. The results of this research are developed along two lines: The practice of ethics in lobbying consultancy firms reveals its limits as well as a framework worth developing. The players and the represented client topics are potential dangers for ethical lobbying firms. This intervention research has nevertheless allowed us to observe the emergence of an effective regulation approach: the ethics of exemplarity as potentially illustrated by a representative actor of the French lobbying consulting profession. The stakes of ethics are both internal and external to lobbying consulting professionals in France. Internally, ethics act as a structuring element enabling this profession to establish itself with practices and deontological codes; externally, it clarifies the relationship between lobbying consultants and their major stakeholders including customers, government, and the civil society. (shrink)

In this paper I want to leave behind the failed attempts to think about populism as ideology, strategy, style, or even discourse. I will focus on the ‘conceptual battles of politics’ and their potential to influence actors to pursue and effect specific ends. Reinhart Koselleck and his ideas about conceptual history will figure prominently in my discussion, as will his concept of asymmetrical combat-concept as a means of unleashing a theoretical and political war. The goal is to demonstrate that concepts (...) have taken the place of weapons of war among political actors. (shrink)

In this essay I argue that the notion of religious transcendence was a latecomer in human evolution. It did not appear before the Axial Age, and in its extreme form as a realm of ultimate meanings beyond human reach it had only a locally and temporally bounded existence. Once it appeared, however, the idea of religious transcendence set an evolutionary dynamic in motion, which soon led to various forms of “immanent transcendence,” starting from the “Papal Revolution” and continuing with the (...) Reformation, the Enlightenment, the Kantian notion of the transcendental and its Hegelian and Habermasian modifications. In my conclusion I briefly discuss two alternative versions of modern immanent transcendence—cognitive and exemplary—and their consequences for political philosophy. (shrink)

This article explores the role of reflective judgement in international relations through the lens of the Rwandan genocide in 1994. It argues that Hannah Arendt's writings on reflective judgement, and the dual perspectives of actor and spectator she articulates, offer us a set of conceptual tools with which to examine the failure of the international community to respond to the genocide as well as more broadly to understand the moral dilemmas posed by such crimes against humanity. Having identified elements which (...) form part of Arendt's concept of judgement, parallels in the case of Rwanda are found, drawing on both empirical evidence and recent interpretations of the genocide. Reflective judgement is offered as both a means of critique and as a source of normative guidance for political actors. (shrink)

What kinds of lessons can be learned from stories of those who resisted past abuses and injustices? How should such stories be recovered, and what do they have to teach us about present day struggles for justice and accountability? This paper investigates how Levi, Broz, and Arendt formulate the political role of storytelling as response to distinctive challenges associated with efforts to resist systematic forms of abuse and injustice. It focuses on how these thinkers reflected on such themes as witnesses, (...) who were personally affected, to varying degrees, by atrocities under investigation. Despite their differences, these thinkers share a common concern with the way that organised atrocities are associated with systemic logics and grey zones that make people feel that it would be meaningless or futile to resist. To confront such challenges, Levi, Arendt and Broz all suggest, it is important to recover stories of resistance that are not usually heard or told in ways that defy the expectations of public audiences. Their distinctive storytelling strategies are not rooted in clashing theories of resistance, but rather reflect different perspectives on what is needed to make resistance meaningful in contexts where the failure of resistance is intolerable. (shrink)

In this paper, I am arguing for hermeneutic responsibility in political judgment, as it can be attributed to Arendt’s work. Political judgment is reflective judgment relying on representation by imagination and therefore only has exemplary validity. Along the line of Arendt’s Lectures on Kant’s Political Philosophy, I point out her argument for a different generality in politics than the generality of concepts. This generality of political judgment always refers back to the particular. Only by this reference to the particular, namely (...) to facts and situations of direct interaction, can the spectator, who undertakes the political judgment, create the public realm where action takes place. However, this task attributed to the spectator also implies the task of reshaping the public realm. These acts of giving an account of and reconsidering all over again facts handed over by narration and testimony imply the hermeneutic responsibility to unceasingly retrieve factual truth which is rooted in direct interaction. (shrink)

Habermas' view that contemporary philosophy and social theory can learn from religious traditions calls for closer consideration. He is correct to hold that religious traditions constitute a reservoir of potentially important meanings that can be critically appropriated without emptying them of their motivating and inspirational power. However, contrary to what he implies, his theory allows for learning from religion only to a very limited degree. This is due to two core elements of his conceptual framework, both of which are key (...) features of his account of postmetaphysical thinking. The first is the requirement of ethical agnosticism; this requires philosophy and social theory to refrain from offering guidance on questions of the good life. The second is his language-immanent conception of truth in the domain of practical reason; this follows from his rejection of any source of validity beyond human communication in this domain. I make the case for a more robust account of learning from religious traditions and metaphysical worldviews, arguing that for this purpose Habermas must modify his requirement of ethical agnosticism and relinquish his language-immanent conception of truth. (shrink)

I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be (...) exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, in order to make it inclusive of the other. In the final analysis, immigration law forces us to consider both the concrete individuality and abstract humanity of refugees, asylum seekers and other homeless persons who have been displaced by global economic underdevelopment. When combined with the "statelessness" of desperate classes of immigrants, this fact about immigration law reveals a revolutionary possibility for future development and perfection leading to its own transcendence: from an inhospitable immigration law that is administered exclusively by the nation state to a cosmopolitan law of universal citizenship under the auspices of a global human rights regime. (shrink)

In this paper, I juxtapose the work of two contemporary feminist philosophers: Christine Battersby and Adriana Cavarero – both working within the Continental tradition – to show how they go well beyond feminist critique to produce different images of self-identity and conceptions of the political. Both reject traditional positions on selfhood but also stress the materiality of bodies and provide alternatives to the work of post-structuralists, such as Judith Butler. My aim is to draw out some of the politico-legal implications (...) of their differing images of selfhood. In the final section I then apply both their approaches to the concept of self to ask how their respective arguments can inform contemporary political questions regarding privacy and dissensus. (shrink)

This article considers Hannah Arendt's posthumously published Lectures on Kant's Political Philosophy, lectures delivered at the New School for Social Research in the fall semester of 1970. By taking Arendt's highly provocative reading of Kant as a point of departure, the essay probes Arendt's own theory of judgment. Arendt frequently draws distinctions that prove untenable. If the faculty of judgment, in Arendt's words, has to do with one's “ability to make distinctions,” and yet her own distinctions continually falter, and that (...) in a text about judgment, then it seems that she thwarts her own discourse. More specifically, she complicates her assertions by staging something that she, in Kantian terms, describes as “enlarged thought”; she explores the subject of judgment from different perspectives and allows for perspectival plurality, thereby “wooing,” as it were, our consent. In so doing, Arendt, in thoroughly Kantian fashion, establishes judgment as a performative category that defies being taught and instead remains a matter of practice. (shrink)

If it is true that at the core of the Enlightenment project was an attempt to discover a new definition of human nature itself, there is no doubt that for a long time, and today more than ever, there is a similar urgency to find a different vision of humanity, since the prevailing one – heir of the Enlightenment – is perceived from many sides as in need of a profound revision, if not catastrophic. if we are living in the (...) ruins of modernity, we should neither attempt to embalm them, nor to raze them to the ground. This article maintains that Kant’s work on the reflecting judgment can offer precious resources to reshape that image of humanity that we feel is now inadequate in the face of the complexity of our forms of life, without the need to abandon ourselves to old and new longings for the absolute. (shrink)