The metaproblematic of this article is the cognitive structure of morality. In the context of an investigation into Habermas’s theory of validity which respects his strong cognitivism and emphasis...

This article argues that there is a marked ambivalence in Habermas’ concept of intersubjectivity in that he wavers between an interactionist and a discursive understanding. This ambivalence is demonstrated with reference to his recent critique of Robert Brandom's normative pragmatic theory of discursive practice. Although Habermas is a leading theorist of discourse as an epistemically steered process, he allows his interpretation of Brandom's theory as suffering from objective idealism to compel him to recoil from discourse and to defend a purely (...) interactionist or dialogical position. It is argued that the ambivalence in question is related to Habermas’ incomplete theorization of communication as a process of structure formation that unfolds sequentially through time on different levels. His architectonic of communicative intersubjectivity is marred by a missing concept. His characteristic concept of coordination is insufficient and must be complemented by a concept of synthesis at the discursive level. Key Words: Brandom • communication • coordination • discursive • synthesis • Habermas • Luhmann • objectivism • process • sequentiality • structure formation • time. (shrink)

Critics of Jürgen Habermas's theory of communicative action argue that he has failed to recognize the extent to which moral argumentation is grounded in particular historical contexts, cultural traditions, collective identities, or social lifeworlds. Although he has engaged in a series of strategies aimed at acknowledging the role of particularistic considerations without abandoning his primary commitment to ethical universalism, Habermas has not succeeded in meeting all of the objections of his critics. This paper treats the contradiction between formal and substantive (...) rationality, which lies at the heart of the debate, as an empirical phenomenon within the social world. It argues that the antinomy of formal and substantive rationality plays a central role in historical processes of social change. Through critical argumentation, social actors deliberate on contradictions among strategic, moral, and ethical standards of validity, and they struggle to resolve these contradictions through collective action and the reform of laws, policies, and institutions. Examples are drawn from US political history to substantiate the argument, and some questions are raised for further research. (shrink)

This article introduces a distinction in the paradigm of multiple modernities between a comparative-civilizational and a post-secular perspective. It argues that the former perspective helps us to understand modernization processes in large cultural-civilizational units, whereas the latter viewpoint focuses on actors and cultural domains within civilizational units and on inter-civilizational crossovers. The two perspectives are complementary. What we gain from this distinction is greater precision in the use of multiple modernities to explain the place of religion in modern societies. The (...) example of Russian Orthodoxy is used to clarify the difference between these two perspectives: whereas from a comparative-civilizational viewpoint, Russian Orthodoxy may appear as Europe’s ‘other’; from a post-secular viewpoint, Orthodox religion is part of Europe’s religious pluralist landscape and partakes in an ongoing process of defining the meaning of European political and cultural integration. (shrink)

The value-free ideal for science holds that values should not influence the core features of scientific reasoning. We defend the difference-to-inference model of value-permeation, which holds that value-permeation in science is problematic when values make a difference to the inferences made about a hypothesis. This view of value-permeation is superior to existing views, and it suggests a corresponding maxim—namely, that scientists should strive to eliminate differences to inference. This maxim is the basis of a novel value-free ideal for science. -/- (...) . (shrink)

In this article we frame a set of important issues in the emerging field of Mind, Brain, and Education in terms of three broad headings: methods, models, and morality. Under the heading of methods we suggest that the need for synthesis across scientific and practical disciplines entails the pursuit of usable knowledge via a catalytic symbiosis between theory, research, and practice. Under the heading of models the goal of producing usable knowledge should shape the construction of theories that provide comprehensive (...) accounts of human learning and development spanning multiple levels of analysis. Under the heading of morality usable knowledge must be put to good use: Its application and dissemination ought to be infused with moral considerations gleaned from dialogue among all those potentially affected. Generally, the field should be shaped not only by its constituent scientific disciplines but also by its applications to education and learning. Thus we argue for the adoption of a kind of pragmatism that would be best actualized by building research-school collaborations between researchers and practitioners. (shrink)

IntroductionAll states routinely inflict punishment, often quite harsh punishment, for criminal offences committed by persons who are subject to their laws; but it is remarkably difficult to provide a satisfactory normative justification for this practice.This paper is a review essay of Tadros . References to the book will be by way of parentheses in the text. Non-consequentialist accounts, such as retributivism, can readily explain why some kinds of wrongs are punishable, but find it difficult to accommodate the intuition that deterrence (...) can justify punishment. Consequentialist theories can easily explain why harmful conduct is punishable, but struggle to account for the intuition that only the factually guilty should be punished or for the criminal jurist’s obsession with questions of fault and responsibility. Theories that combine elements of retributivism and consequentialism are therefore quite attractive. In The Ends of Harm, Victor Tadros offers such a hybrid account. Acco .. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens (...) to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

In this paper I argue that we need to analyze ‘religious violence’ in the ‘post-secular context’ in a twofold way: rather than simply viewing it in terms of mere irrationality, senselessness, atavism, or monstrosity – terms which, as we witness today on an immense scale, are strongly endorsed by the contemporary theater of cruelty committed in the name of religion – we also need to understand it in terms of an ‘originary supplement’ of ‘disengaged reason’. In order to confront its (...) specificity beyond traditional explanations of violence, I propose an integrated phenomenological account of religion that traces the phenomenality of religion in terms of a correlation between the originary givenness of transcendence and capable man’s creative capacities to respond to it. Following Ricœur, I discuss ‘religious violence’ in terms of a monopolizing appropriation of the originary source of givenness that conflates man’s freedom to poetically respond to the appeal of the foundational with the surreptitiously claimed sovereignty to make it happen in a practical transfiguration of the everyday. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

This article explores feminist arguments for group representation and suggests that there are three distinct theoretical frameworks on which these arguments are based: an equality perspective leading to a strategy of inclusion, a difference perspective leading to a strategy of reversal and a diversity perspective leading to a strategy of displacement. I focus in particular on the defence of group representation developed by Iris Marion Young, because this is made from a diversity perspective, which offers the most theoretically satisfying account (...) of subjectivity but is (perhaps because of this) least likely to endorse group representation. Young’s thought is particularly interesting because it attempts to resolve some long-standing dilemmas in feminist political thought. In particular, Young aims to combine a deconstructive strategy of displacement with a model of group representation by developing a relational (rather than interest or identity-based) conception of social groups, by using theories of deliberative democracy. To do so she develops a second conception of objective judgement, which displaces the apparent dichotomy between impartiality and particularity. Although the concept of social groups is compelling, the concept of objective judgement is less so and further work could usefully be done to establish whether a diversity perspective can successfully displace the dichotomy between impartiality and partiality, and so offer a coherent defence of group representation. (shrink)

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context (...) of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection. (shrink)

Advocates of ?deliberative democracy? want citizens to actively participate in serious dialogue over political issues, not merely go to the polls every few years. Unfortunately, these ideals don't take into account widespread political ignorance and irrationality. Most voters neither attain the level of knowledge needed to make deliberative democracy work, nor do they rationally evaluate the political information they do possess. The vast size and complexity of modern government make it unlikely that most citizens can ever reach the levels of (...) knowledge and rationality required by deliberative democracy, even if they were better informed than they are at present. (shrink)

The republican political tradition, which originated in Ancient Rome and picked up by several early-modern thinkers, has been revived in the last couple of decades following the seminal works of historian Quentin Skinner and political theorist Philip Pettit. Although educational questions do not normally occupy the center stage in republican theory, various theorists working within this framework have already highlighted the significance of education for any functioning republic. Looking at educational questions through the lens of freedom as non-domination has already (...) yielded important insights to discussions of political education. However, consideration of the existing republican educational discourse in light of the wide range of issues discussed in Pettit’s recent works reveals that it suffers from two major lacunae. First, it does not take into consideration the distinction between democracy and social justice that has become central to Pettit’s republicanism. Thus, the current discussion focuses almost exclusively on education for democratic citizenship and hardly touches upon social justice. Second, the current literature thinks mainly in terms of educating future citizens, rather than conceiving of students also as political agents in the present, and of school itself as a site of non-domination. This paper aims at filling these voids, and it will therefore be oriented along two intersecting axes: the one between democracy and justice, and the other between future citizenship in the state and present citizenship at school. The resulting four categories will organize the discussion: future citizens and democracy; future citizens and social justice; present citizens and democracy; present citizens and social justice. This will not only enable us to draw a clearer line between the civic republican and liberal educational theories, but also make civic republican education a viable alternative to current educational approaches. (shrink)

The debate between Habermas and Rawls that took place in 1990s concerned how philosophy can justify the principles of justice under the conditions of pluralism of different and irreconcilable moral, philosophical, and religious doctrines. The context of the debate was mainly Rawls’ Political Liberalism and Habermas’ Between Facts and Norms as well. This paper argues that a wider geo-cultural perspective is pertinent in order to better comprehend the different justification strategies in Habermas and Rawls, concerning the principle of justice. This (...) goes for their different geo-cultural experiences and presuppositions – in short, Rawls living in a self-confident North America in the post-war period versus Habermas’ German experience of civilization breakdown. However, it might also be relevant for the assessment of these two strategies in our time, faced with new kinds of geo-political differences and conflicts. (shrink)

Political debate in an election season is artificially constrained by the media's focus on electability as the primary determinant of news coverage. What gets lost under this criterion is the wealth of ideas that lesser known candidates can bring to the debate. This article argues that political coverage by the mainstream media should be more responsible in its efforts to cultivate public discourse by redefining the standards for who gets covered and challenging the prevailing notions of electability. It also argues (...) for a view of campaign news that is less driven by events and that gives voters more information about candidates' ideas on key issues of the day. (shrink)

Despite the increasing attention devoted to the theme of political judgment, the question of how to theorize judgment as specifically democratic remains elusive. This article shows the promise of Spinoza for approaching such a vexing issue. Through a combined reading of his major political and metaphysical texts, I develop a new concept of political judgment that I call ‘citizen jurisprudence’. Citizen jurisprudence is at once a right and a power that is internally related to the ‘power of the people’. Put (...) another way, citizen jurisprudence is the figure and effect of democracy understood in an expansive sense: not solely as a state form but as an activity of equally free individuals determining the sense and the scope of common affairs. An account of this concept simultaneously nuances Spinoza’s current profile as a political thinker and contributes to efforts within contemporary political theory to recuperate the radical potential of judgment as a mode of democratic agency. (shrink)

Much art is committed to political causes. However, does art contribute something unique to political discourse, or does it merely reflect the insights of political science and political philosophy? Here I argue for indispensability of art to political discourse by building on the debate about artistic cognitivism, the view that art is a source of knowledge. Different artforms, I suggest, make available specific epistemic resources, which allow audiences to overcome epistemic obstacles that obtain in a given ideological situation. My goal (...) is to offer a general model for identifying cognitive advantages for artworks belonging to distinct artforms and genres, in a way that can account for each artwork’s historical and cultural specificity. More speculatively, however, my account also comments on the ancient struggle between philosophy and the arts as competing modes of persuasion, and expands our notion of legitimate political discourse to include a greater plurality of discursive genres. (shrink)

I draw on Security Council Resolution 1674 to demonstrate that the political assumptions Jacques Derrida holds in his politically-oriented texts are inconsistent with the assumptions of his linguistic texts, and that Jürgen Habermas's political theory is consistent with the political implications of his approach to language. Habermasian pragmatism offers a critical theory of society and discourse of modernity that touches on the same themes of politics and meaning as Derrida and other deconstructionists, but is more coherent, consistent, and explanatorily persuasive.

In this article, I consider the moment where speech becomes violent because it wants to name at any price - something that can be felt as a desire in speech, a tension of creation and destruction. I discuss Habermas' theory of communicative action and the propositional conception of truth that underpins it. That conception of truth can be contrasted to the theory of truth as event, as it has been developed by Alain Badiou. A similarity between Badiou's theory of truth (...) and the latent utopianism of Adorno's negative dialectics shows that, for contemporary philosophy, the first phase of Frankfurt School theorising remains important. A philosophy that is able to 'motivate and guide the will' (Habermas) needs to include a non-propositional conception of truth; only with a non-propositional conception of truth can we articulate what is involved in communicative violence and come to understand what the place of what cannot be said is, in thought as well as in private, social and political life. (shrink)

Over the last twenty years, Jürgen Habermas has been at the forefront of debates involving religion in the public sphere. In the wake of 9/11 he has responded to the problems of terrorism, “radical Islam,” and the so-called Muslim question in Europe, attempting to align these issue with his broader theories of deliberative democracy and postsecularism. Although Habermas aims for an inclusive model of deliberation in the public sphere, I argue that his reliance on macro theories of secularization and modernization (...) reproduce an ideal of secular liberal democracy as the standard by which to think about various “Others,” including Muslims. As a result, I claim that he ends up reproducing a soft variety of the “clash of civilizations” thesis by failing to account for the complexity of Muslim identities. In conclusion, I look at alternative models that are better able to historicize and contextualize “Islam” in the past and present, and point to significant gaps that must be filled if his proposals are to be taken seriously. (shrink)

This article offers an alternative to classical hermeneutics, which focuses on discursive products and grasps meaning as the play of difference between linguistic signs. Pragmatist hermeneutics reconstructs meaning through an indefinite triangulation, which brings symbols, icons, and indices to bear on each other and considers a meaningful occasion as an embodied semiotic process. To illuminate the word-body-action nexus, the discussion identifies three basic types of signifying media: (1) the symbolic-discursive, (2) the somatic-affective, and (3) the behavioral-performative, each one marked by (...) a special relationship between signs and their objects. An argument is made that the tension between various type-signifying media is unavoidable, that the pragmatic-discursive misalignment is an ontological condition, and that bridging the gap between our discursive, affective, and behavioral outputs is at the heart of ethical life. (shrink)

This article will examine the consequences of highlighting ‘subject and difference’ in one of the curriculum theories that has been inspired by postmodernism. The term postmodernism is here first and foremost meant to signify the attempt to combine politics and morality with epistemology in accordance with Levinas, Lyotard and Bauman. The article will highlight some themes that need to be developed further for a postmodernism-inspired curriculum theory. A starting-point is a critique of the type of curriculum theory which has its (...) base in the new sociology of education . From this critique, focused on universal claims, the Habermasian-inspired universalism is quickly and critically dropped and left behind, and another form of reasoning is embarked upon. The latter is inspired by a ‘minotarian politics’ concept and tries to dissolve universalism as a prerequisite for critical conversations. With this background and with the help of Levinas, the article sets out to talk about ‘difference’ without reduction to the Same and finally suggest a direction for a postmodern curriculum theory with a ‘normative’ focus on knowledge. (shrink)

This article deals with Kurt Wolff’s interpretation of Karl Mannheim, with reference to his writings on social planning. Wolff’s interpretation is presented and discussed in the context provided by other interpreters of Mannheim. They have, generally speaking, given scant attention to the late works by Mannheim, and rather focused on Ideology and Utopia, Mannheim’s most celebrated work. Interpreters who have considered these writings on planning have been mostly or entirely critical of them, objecting to their vagueness and inadequacy as a (...) project of social reform, and the unsatisfactory conceptualization of the élites. These objections have been raised by several interpreters of different ideological persuasions, from the Marxist thinkers Adorno and Lukacs to the conservative T.S. Eliot. Wolff’s interpretation stands out in that it pays less attention to the social and political contents of Mannheim’s reform project, but brings into light its psychological background; namely, the deep anguish Mannheim experienced because of the widespread tendencies to the formation of a mass society, prone to the forces of irrationalism and authoritarianism. A perusal of Mannheim’s works on planning bears out Wolff’s interpretation. (shrink)

Addressing the critique that communication activities with regard to CSR are often merely instrumental marketing or public relation tools, this paper develops a toolbox of CSR communication that takes into account a deliberative notion. We derive this toolbox classification from the political approach of CSR that is based on Habermasian discourse ethics and show that it has a communicative core. Therefore, we embed CSR communication within political CSR theory and extend it by Habermasian communication theory, particularly the four validity claims (...) of communication. Given this communicative basis, we localize CSR communication as a main means to receive moral legitimacy within political CSR theory. A typology of CSR communication tools is advanced and substantiated by a review of case studies supporting the categories. Thus, we differentiate between instrumental and deliberative, as well as published and unpublished tools. Practical examples for the literature-derived tool categories are provided and their limitations are discussed. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...) morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

Key accomplishments of political corporate social responsibility scholarship have been the identification of global governance gaps and a proposal how to tackle them. Political CSR scholarship assumes that the traditional roles of state and business have eroded, with states losing power and business gaining power in a globalized world. Consequently, the future of CSR lies in political CSR with new global governance forms which are organized by mainly non-state actors. The objective of the paper is to deepen our understanding of (...) political CSR and reintegrate notions of state power into political CSR scholarship by highlighting how states set the context within which business takes place, regulate offshore business practices, and play pivotal roles in new global governance mechanisms. (shrink)

This essay is part of a dossier on Cristina Lafont's book Democracy without Shortcuts.

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

Under conditions of growing interconnectedness of the global economy, more and more stakeholders are exposed to risks and costs resulting from business activities that are neither regulated nor compensated for by means of national governance. The changing distribution of risks poses a threat to the legitimacy of business firms that normally derive their legitimacy from operating in compliance with the legal rules of democratic nation states. However, during the process of globalization, the regulatory power of nation states has been weakened (...) and many production processes have been shifted to states with weak regulatory frameworks where businesses operate outside the reach of the democratic nation state. As a result, business firms have to address the various legitimacy challenges of their operations directly and cannot rely upon the legitimacy of their regulatory environment. These developments challenge the dominant approach to corporate governance that regards shareholders as the only stakeholder group in need of special protection due to risks not covered by contracts and legal regulations. On the basis of these considerations, we argue for a democratization of corporate governance structures in order to compensate for the governance deficits in their regulatory environment and to cope with the changing allocation of risks and costs. By way of democratic involvement of various stakeholders, business firms may be able to mitigate the redistribution of individual risk and address the resulting legitimacy deficits even when operating under conditions of regulatory gaps and governance failure. (shrink)

The recent exchange between Robert Brandom and Jürgen Habermas provides an opportunity to compare and contrast some aspects of their systems. Both present broadly inferential accounts of meaning, according to which the content of an expression is determined by its role in an inferential network. Several problems confront such theories of meaning - one of which threatens the possibility of communication because content is relative to an individual's set of beliefs. Brandom acknowledges this problem and provides a solution to it. (...) The point of this paper is to argue that it arises for Habermas's theory as well. I then present several solutions Habermas could adopt and evaluate their feasibility. The result is that Habermas must alter his theory of communicative action by contextualizing the standards for successful communication. (shrink)

Multinational enterprises dominate the governance of global value chains, such that according to the concept of political corporate social responsibility, they are responsible to address governance gaps throughout the chains, even at the level of their independent suppliers. In practice, MNEs often struggle to cope with the complexity of these governance gaps, and PCSR does not provide a clear definition nor offer guidance for how to analyze and address them. By adopting the notion of governance mechanisms from GVC literature, this (...) study proposes a more nuanced view, in which governance gaps result from inactive, ineffective, or inequitable governance mechanisms adopted by relevant actors, rather than a complete absence of governance. MNEs, through their governance mechanisms, commonly create governance gaps. This study distinguishes different types of governance mechanisms to create a typology of governance gaps, such that it contributes to the literature on PCSR by offering a more refined understanding of governance gaps, along with a means to identify mechanisms to address them. Furthermore, it contributes to the literature on GVCs by defining governance-related terms and adding an ethical perspective on MNEs’ global business conduct. To illustrate the typology, this article presents the case of low wages for workers in the textile industry and efforts by H&M to deal with this governance gap. (shrink)

Multinational enterprises dominate the governance of global value chains, such that according to the concept of political corporate social responsibility, they are responsible to address governance gaps throughout the chains, even at the level of their independent suppliers. In practice, MNEs often struggle to cope with the complexity of these governance gaps, and PCSR does not provide a clear definition nor offer guidance for how to analyze and address them. By adopting the notion of governance mechanisms from GVC literature, this (...) study proposes a more nuanced view, in which governance gaps result from inactive, ineffective, or inequitable governance mechanisms adopted by relevant actors, rather than a complete absence of governance. MNEs, through their governance mechanisms, commonly create governance gaps. This study distinguishes different types of governance mechanisms to create a typology of governance gaps, such that it contributes to the literature on PCSR by offering a more refined understanding of governance gaps, along with a means to identify mechanisms to address them. Furthermore, it contributes to the literature on GVCs by defining governance-related terms and adding an ethical perspective on MNEs’ global business conduct. To illustrate the typology, this article presents the case of low wages for workers in the textile industry and efforts by H&M to deal with this governance gap. (shrink)

Dialogic or dialogical education is an umbrella term that encompasses a myriad of different and at times conflicting approaches. As there is no agreed-upon definition of ‘dialogue’ (not that there is or should be one unified definition), and even fewer clear and systematic guidelines for application, researchers and practitioners in the DE field are faced with countless questions and dilemmas. My aim in this paper is therefore to offer some ideas for a general outline of how to employ systematic thinking (...) on DE. This outline can serve as a basis for the development of a methodological tool that can enable researchers and practitioners to think about and apply dialogical practices with greater clarity, coherency and consistency. Following a normatively oriented (rather than instrumental) systematic line of reasoning, this paper will begin by discussing the basic values of three central dialogical approaches and then move on to discuss more practical parameters that surpass strictly pedagogical and didactic concerns. (shrink)

ABSTRACT:This article examines the presuppositions and theoretical frameworks of the “new-wave” “Post-Westphalian” approach to international business ethics and compares it to the more philosophically oriented moral theory approach that has predominated in the field. I contrast one author’s Post-Westphalian political approach to the human rights responsibilities of transnational corporations (TNCs) with my own “Fair Share” theory of moral responsibility for human rights. I suggest how the debate about the meaning of corporate human rights “complicity” might be informed by the fair (...) share theory. While I point out that Post-Westphalians and moral philosophers may have fundamental disagreements about basic concepts such as legitimacy, justice, and democratic deliberation, I conclude that the Post-Westphalians have made a major contribution to the expansion of the field by presenting business ethicists with an opportunity to inform and guide debates about the potential future course of transnational governance. (shrink)

Democratically inspired critics identify a number of problems with the contemporaryidentification of survey research and public opinion. Surveys are said tonormalize or rationalize opinion, to promote state or corporate rather thandemocratic interests, to constrain authentic forms of participation, and to forcean individualized conception of public opinion. Some of these criticisms arerelatively easily answered by survey researchers. But the criticisms contain acomplaint that survey researchers have largely failed to address: that surveyresearch discourages the public, visible, and face-to-face generation of opinion.Public opinion (...) researchers who use surveys paradoxically seek the opinions ofcitizens in private, nonpolitical situations. But nothing inherent in the methodsof survey research requires this private focus. The author argues that by reframingthe survey's unit of analysis and considering alternatives to standard,national samples in political surveys, new democratic possibilities within surveyresearch may be found. (shrink)

Proportionality is one of the most important adjudicatory tools, in human rights decision-making, primarily employed to balance rights and interests. Despite this there is very little feminist analysis of its use by the courts. This article discusses the doctrine of proportionality and considers its amenability to feminist legal methods. It relies on theories of deliberative democracy to argue that the proportionality test can be applied in a manner that facilitates a more “interactive universalism”, allows for greater participation in decision-making and (...) enables the courts to be more attentive to the disadvantaged. The commonalities between proportionality and feminist theory are examined, and its contribution to developing and reconstituting a more relational and contextual concept of rights is explored. (shrink)

This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of critique (...) is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions. (shrink)

Habermas endorses democracy as a way to rescue modern life from the economic and bureaucratic compulsion that Weber saw as an inescapable condition of modernity. This rescue mission requires that Habermas subordinate democracy to people's true interests, by liberating their political deliberations from incursions of money or power that could interfere with the formation of policy preferences that clearly reflect those interests. But Habermas overlooks the opaque nature of our interests under complex modern conditions, and the difficulty of even knowing (...) what the modern state is doing—let alone judging whether what it is doing serves our interests well. These overlooked sources of public ignorance buttress Weber's more pessimistic understanding of democracy, and like the theatrics surrounding popular sovereignty, public ignorance both enables and masks the autonomy that allows state officials and non‐state opinion leaders to shape public policy undemocratically. (shrink)