To respond to the charge of context-insensitivity, discourse ethics distinguishes justification discourses, which only require that we consider what is equally good for all, and subsequent application discourses, in which the perspective of concrete others must be adopted. This article argues that, despite its pragmatic attractiveness, the separation of justification and application neglects the co-constitutive role that applicability plays for the meaning of normativity. Norms that do not, in a machine-like fashion, produce their cases, cannot already contain their appropriateness to (...) the cases that nonetheless alone justify the existence of norms in th first place. The higher-order norm of appropriateness that enters normativity with th dependence on applications is one that remains implicit, and impossible to determine in advance. Thus, the justification of a norm is always incomplete for conceptual and not merely empirical reasons, as fallibilism typically has it. (shrink)

This is a constructive critique of Habermas’s account of rationality, which is central to his political theory and has sparked theoretical and empirical research across academia. Habermas and many critical theorists caricature means-ends rationality (the ability to pick good means to ends), e.g. by wrongly depicting it as egocentric. This weakens Habermas’s attempt to distinguish means-ends rationality from his hugely important and influential idea of communicative rationality (roughly, the rationality of genuine discussion). I suggest that sincerity and autonomy, rather than (...) non-egocentrism, are the key distinguishing features of communicative rationality. This shows that communicative rationality actually overlaps with means-ends rationality. Indeed, means-ends rationality is needed by critical theorists, as I exemplify by showing its use in deliberative democracy. Moreover, means-ends rationality will be present in discourse ethics, as I show with the example of moral discourse about gay marriage. My article thus challenges decades of what Habermas and critical theorists have written on means-ends and communicative rationality, but I stay broadly true to – and hopefully improve – Habermas’s account of rationality. (shrink)

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the third argument (...) according to which equal consideration perpetually requires the non-egalitarian project of understanding (excluded) individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. (shrink)