This paper explores the subject-matter of the relationship between law and humanity, filling a significant lacuna in philosophy of law in the West today. Doing so, the paper starts with recasting the traditional Chinese conflict—in particular, the conflict between legalism and Confucianism—over law in a new light of the contemporary call for stopping crimes against humanity. It then explores Habermas’ insight into and illusion of law. Finally, it examines the internal relationship between law and humanity, contending that law must always (...) treat humanity as a purpose, not as a tool to other ends, functioning to build a community of humanity; while a distinction exists between justice and benevolence, law must not be inhumane. (shrink)

The scholarly works of Jürgen Habermas and Michel Foucault have been subject to ongoing scrutiny for a number of decades. However, less attention has been given to their activities as public intellectuals and the relation between these and their philosophical and theoretical projects. Drawing on their own conceptualization of the role of the intellectual, the article aims to illuminate these issues by examining Habermas’ advocacy of a ‘Core Europe’ and his defense of NATO bombardments in Kosovo in 1999 as well (...) as Foucault’s involvement with the Groupe d’Information des Prisons (GIP) and a wide variety of his interviews, op-ed articles, etc. In showing that the intellectuals’ views differ in important ways from those of the scholars but nevertheless inhabit a crucial position in the overall edifice of their oeuvres, the article concludes that the practices of theorists deserve more attention for a comprehensive and more nuanced account of their thought. (shrink)

Although Jürgen Habermas has a strong argument to link reason and philosophy, he also thinks that religion has a legitimate place in the (rational) public sphere. The question, though, is: what does this legitimate place entail? Is the power of religious language due to the fact that modern culture is not sufficiently secularized, that is, not yet sufficiently philosophic? Or is the power of religious language due to the fact that it successfully articulates certain widely shared moral (and substantive) intuitions? (...) In addressing these questions, this contribution has four parts. In the first section the issue of Critical Theory and religion will be briefly examined. The point here is that where religion (like aesthetics) plays a more central role amongst the thinkers of the first movement of Critical Theory (theorists such as Horkheimer, Adorno, Marcuse, and Benjamin), this is not the case with Habermas (the leading exponent of the second movement). In the second section, this aspect is further explored by reconstructing Habermas’s intellectual project (with its religious implications) in six steps. Finally (in the third and fourth sections) some critical remarks (inter-paradigmatic and extra-paradigmatic) will be made on Habermas’s view of religion. (shrink)

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

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives (MSIs) and assesses the institutional characteristics of the Equator Principles Association (EPA) from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of (multinational) corporations (i.e., political corporate social responsibility), and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in (...) which nation-states are virtually absent. We argue that Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

ABSTRACT:I here advance a critical research agenda for the political perspective of corporate social responsibility (Political CSR). I argue that whilst the ‘Political’ CSR literature is notable for both its conceptual novelty and practical importance, its development has been hamstrung by four ambiguities, conflations and/or oversights. More positively, I argue that ‘Political’ CSR should be conceived as one potentialformof globalization, and not as aconsequenceof ‘globalization’; that contemporary Western MNCs should be presumed to engage in CSR for instrumental reasons; that ‘Political’ (...) CSR should be associated with a corresponding ‘political’ model of corporate governance; and that both a ‘Rawlsian’ and ‘Habermasian’ perspective of Political CSR are different from ‘Political’ CSR. In concluding, I use these four critiques to identify a number of areas within which increasingly robust and sophisticated positive and normative theories of Political CSR are required. (shrink)

Little attention has been paid to the importance of social media in the corporate social responsibility (CSR) literature. This deficit is redressed in the present paper through utilizing the notion of ‘citizenship arenas’ to identify three dynamics in social media-augmented corporate–society relations. First, we note that social media-augmented ‘corporate arenas of citizenship’ are constructed by individual corporations in an effort to address CSR issues of specific importance thereto, and are populated by individual citizens as well as (functional/formally organized) stakeholders. Second, (...) we highlight that, within social media-augmented ‘public arenas of citizenship’, individual citizens are empowered, relative to corporations and their (functional/formally organized) stakeholders, when it comes to creating, debating, and publicizing, CSR-relevant issues. Third, we posit that information and communication technology corporations possess specific, and potentially very important, capacities, when it comes to creating, or helping construct, public arenas of citizenship from within which individual citizens can influence their broader political–economic environment. Following this, we discuss how social media can contribute to ‘dysfunctions’ as well as ‘progressions’ in corporate–society relations, and conclude with a number of suggestions for future research. (shrink)

Philosophy Compass, Volume 17, Issue 4, April 2022.

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

This article critically examines the postsecular literature with the aim of dispelling the scepticism about the concept’s theoretical import, critical power and analytical utility. It first presents an overview of the literature identifying two major fields, social theology and politics, within which three major critical leitmotifs are developed: (1) disenchantment and the loss of community; (2) the impossibility of absolute secularity; and (3) the exclusion of religion from the public sphere. In the second section, the shortcomings of problematizations (1) and (...) (2) are highlighted, originating from social theology, and it is argued that they have limited critical potential as they intend to renaturalize the religious. Instead, it is asserted that the concept has critical power when used within the context of a postreligious denaturalization of the secular. In the last section, the focus shifts to the analytical utility of the concept, and the article examines ‘postsecular society’ and ‘postsecularization’ in the light of the previous discussion. (shrink)

Given that we have democracy of a kind in most of Europe, and that there seems a reasonable prospect of its survival in, and extension to the rest of, the sub-continent, this article asks whether and to what extent we also need European-level democratic politics and how we might hope to achieve this, against the background of the current crisis. This article examines the ‘democratic deficit’ in the EU and the tensions between its formal decision-making structures and the growth of (...) what has been called ‘executive federalism’, and also between collective planning and deregulation. (shrink)

This article explores the various uses or – according to some authors, such as the sociologist James Beckford – misuses of the term ‘postsecular’. The variations in its use are indeed so broad that the question is justified whether the terminology as such has much analytical value. The prominence of the ‘postsecular’ in present-day debates in my view primarily indicates the inability among scholars, intellectuals and religious interest groups to come to grips with what – for some at least – (...) is an unexpected presence and resurgence of religion in the public domains of presumably secular societies. The work of the cultural anthropologist Talal Asad shows that the secular does not preclude the religious. All kinds of religious arguments, organizations, and agents are very much present in modern ‘secular’ societies. From this perspective, the emergence of the ‘postsecular’ refers to very real phenomena, most importantly the intertwinement of the secular and the religious. For instance, religious actors do not accept the barriers of secular society and claim a role for religion in public and secular arenas. This insight could be one of the most important driving forces behind the popularity of the term ‘postsecular’ in recent years. (shrink)

This article focuses on Karl Jaspers’s notion of the Axial Age, some of its critical appropriation, and how in particular Habermas has returned to this idea, after several critical engagements with Jaspers’s work through his long scholarly productivity. The article, however, centers on Habermas’s selective and critical use of Jaspers’s notion in his own latest and extensive engagement with what he calls “a genealogy of postmetaphysical thinking.” The goal of the article is to identify the ways in which Habermas is (...) refurbishing Jaspers’s generative concept, but at the same time, how his work on postsecular consciousness opens itself to some liabilities by not taking enough distance from the concept. (shrink)

Based on a critical reading of Jürgen Habermas’s journalistic writings on the European Union, the article argues that Europe’s current crisis is also a crisis of its narratives, and hence a crisis of meaning. The German philosopher has revised his political vision of a united Europe but has done so without abandoning his neo-Kantian ‘soft revolutionism’. The EU of the future is not only envisaged as an alternative to the allegedly defunct European nation-state, but also as the antithesis to US-style (...) federalism and to what is called ‘post-democratic executive federalism’. What is more, Habermas no longer fully trusts in the power of the better argument, as championed in his critical social theory. Instead, his hope of normative progress towards a socially and politically more integrated Europe is founded on a belief in the power of the crisis itself – aided by a convincing pro-European narrative – to drive us in the same direction as that indicated by reason. The conclusion contrasts Habermas’s utopian Europeanism, which has failed to find favour with the wider European public, with a less utopian alternative inspired by the highly specific, non-universal situation of the Old Continent. (shrink)

A persistent sociological thesis posits that the spread of formal education causes an inevitable decline in religion as a social institution and diminishes adherence to religious beliefs in postindustrial society. Now that worldwide advanced education is a central agent in developing and disseminating Western rationality emphasizing science as the ultimate truth claim about a humanly constructed society and the natural world this seems an ever more relevant thesis. Yet in the face of a robust “education revolution,” religion and spirituality endure, (...) and in certain respects thrive, thus creating a sociological paradox: How can both expanding education and mass religion coexist? The solution proposed here is that instead of educational development setting the conditions for the decline and eventual death of religion, the two institutions have been, and continue to be, more compatible and even surprisingly symbiotic than is often assumed. This contributes to a culture of mass education and mass religion that is unique in the history of human society, exemplified by the heavily educated and churched United States. After a brief review of the empirical trends behind the paradox, a new confluence of streams of research on compatible worldviews, overlapping ideologies, and their enactments in educational and religious social movements illustrates the plausibility of an affinity argument and its impact on theory about post-secular society. (shrink)

This article is meant as a response to Cristina Lafont’s critiques of Habermas’ view of religion’s role in the public sphere. For Lafont, the burdens that Habermas places on secular citizens, by requiring them to avoid secularism, may entail dangerous consequences for a correct understanding of the concept of deliberative democracy. For this reason, she presents a proposal of her own in which no citizen, whether religious or secular, has the obligation to engage in a way of thinking alien to (...) his or her own cognitive stance. Although subtle and revealing, Lafont’s critiques face two great problems. On the one hand, she does not discuss Habermas’ thoughts on the nature and value of religion, and, on the other, she overestimates sincerity as an element of an ethics of citizenship. I have divided my text in three sections. First, I will present Lafont’s criticism on Habermas’ proposal. For presenting Lafont’s objections I will use and expand an example mentioned by Lafont herself, namely, a political public debate about same-sex marriage. Second, I will answer Lafont’s objections, and finally, I will offer some conclusions regarding the philosophical bases on which Habermas’ account rests. (shrink)

The outcomes of a bibliographic review on political communication, in particular electoral communication in social networks, are presented here. The electoral campaigning are a crucial test to verify the transformations of the media system and of the forms and uses of the linguistic acts by dominant actors in public sphere – candidates, parties, journalists and Gatekeepers. The aim is to reconstruct the first elements of an analytical model on the transformations of the political public sphere, with which to systematize the (...) results of the main empirical research carried out in recent years, in particular those conducted with a promising methodology: Digital Trace Data Analysis. (shrink)

Este artigo procura interpretar a crise socioeconômica hodierna como reascendendo a discussão em torno ao tipo de relação a ser estabelecida entre o social, o político e o econômico, que demarcou os conflitos entre liberalismo clássico e socialismo acerca da compreensão dos fundamentos das sociedades modernas e da práxis sociopolítica instaurada por elas. Nesse sentido, tal crise socioeconômica colocaria novamente, na ordem do dia, a pergunta pelo fenômeno da modernização, em seus vieses social, político, cultural e econômico, bem como pela (...) sua dependência recíproca, adquirindo, a partir das três últimas décadas do século XX, nos embates teórico-políticos entre social-democracia e neoliberalismo acerca do sentido do Estado de bem-estar social e dos direitos sociais de cidadania, seu grande mote e centro dinamizador: no caso da social-democracia, estava em jogo a afirmação do caráter normativo do social, da função diretiva do político no que tange à evolução da sociedade e da vinculação social da economia; no caso do neoliberalismo, buscava-se retomar uma compreensão de esfera econômica enquanto caracterizada por uma lógica autorreferencial, não-política e não-normativa, que apontaria para um modelo de Estado mínimo. A tese que se procurará defender consiste em que a tensão sociopolítica pela qual passam nossas sociedades somente pode ser resolvida no momento em que se enfatiza tanto o Estado de bem-estar social quanto o modelo representado pelos direitos sociais de cidadania, ou seja, quando se instaura uma profunda ligação entre o social, percebido enquanto horizonte normativo, o político, que se torna o centro diretivo da evolução social, e o econômico, enquadrado pelas necessidades normativas advenientes do social e, por causa disso, passando a estar socialmente vinculado. (shrink)