Participation of a broad variety of actors in decision-making processes has become an important issue in science and technology policy. Many authors claim the involvement of stakeholders and of the general public to be a core condition for legitimate and sustainable decision making. In the last decades, a wide spectrum of procedures has been developed to realize biotechnological citizenship. These procedures, composed of multiactor arenas, are either located in close relation to the system of politics, or, as in the case (...) of administrative decision making, more closely to the system of law. In the latter case, a problematic constellation arises. Here, law and science can build a technoscientific normativity that systematically excludes political discourse. The law, although intending to provide for political freedom and citizenship rights, at the end appears to be an ‘‘iron cage’’ for political communication. (shrink)

Austrian immigration authorities frequently reject the family reunion applications of immigrant workers. They justify their decisions not only on legal grounds but also on the basis of their own often prejudiced judgements of the applicants' ability to `integrate' into Austrian society. A discourse-historical method is combined with systemic-functionally oriented methods of text analysis to study the official letters which notify immigrant workers of the rejection of their family reunion applications. The systemic-functionally oriented methods are used in a detailed analysis of (...) a sample of rejection letters while the discourse-historical method allows this analysis to be intertextually connected to other related genres of discourse and strategies of argumentation, and to the history of post-war immigration in Austria generally. (shrink)

ABSTRACT This paper focuses on the potential societal function of Wikipedia beyond serving as an encyclopedia. That is, it assesses both theoretically and empirically whether talk pages – Wikipedia discussion sites that accompany the encyclopedic entries and provide spaces for debates among Wikipedia editors – may function as transnational public spheres. Despite the increasing number of studies on citizen engagement and participation in the age of social media, Wikipedia as an example of the participatory internet has received little research attention (...) in this regard. This study redresses this research gap in two steps. Drawing on Habermas’ concept of the public sphere and Fraser's and Eriksen's modifications thereof, Wikipedia's – specifically the TPs’ – modus operandi is explored to evaluate whether TPs may serve as spaces for transnational political opinion formation. This theoretical exploration is complemented with an empirical assessment of a TP dedicated to the EU. The case study addresses if/to what degree Wikipedia editors have appropriated the TP to function as a transnational public sphere. Findings indicate that Wikipedia TPs can – and do – serve as general transnational public spheres. (shrink)

Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments (...) why Catalans supposedly have to accept the Court’s authority. The article contends that two arguments—the “mutual benefit argument” and the “law and democracy” argument—will not be independently persuasive to Catalan secessionists. Instead, the Constitutional Court’s authority must ultimately be grounded in a different type of argument: the “law and order argument.” Secessionist Catalans’ supposed duty to obey the orders of the Constitutional Court is ultimately not rooted in a positive service provided by the Court, but in the disruptive effects of disobeying. That exposes an explanatory defect in Joseph Raz’s influential theory of authority, which seeks to ground authority exercises in a concept in prior reason or their capacity to make our life better. That conceptualization misses the key decisionistic element to political authority: its capacity to constitute our reasons, that is, to define the terms that give meaning to our evaluations. (shrink)

In the age of surveillance capitalism, the prevailing business model underlying the use of social media applications (“apps”) foresees the exchange of personal data for the allowance to use an online service. Such a data business model comes with many potential negative side effects ranging from violation of privacy issues to election manipulation. Therefore, it is of utmost importance to think of alternatives to the current data business model. The present study investigated how strong the support would be for a (...) monetary payment model among a sample of 210 participants. Participants were asked about their willingness to pay for social media, if in turn their data would be private and other problems concerning social media use would be tackled. Only one-fifth of participants (21.43%) supported such a model. From the Big Five Personality traits, Agreeableness was positively associated with support of such a model. Finally, data are also provided on how much participants would be willing to pay for social media on a monthly basis. The present study’s findings are of a preliminary nature and will contribute to the start of an important discussion. (shrink)

In der Debatte um Freiheit bei Foucault wird das „Freiheitsproblem“ verhandelt: Wie können Freiheit und Widerstand innerhalb von Foucaults Theorie der Macht und Subjektivierung konzipiert werden? Der Aufsatz leistet eine Rekonstruktion und interne Kritik der besten Interpretationsstrategien von Foucaults Werk, die die Lösung dieses Problems zum Ziel haben, und entwickelt dabei eine neue These: Freiheit als Fähigkeit zur reflexiven Kritik der eigenen Subjektivierung ist abhängig von freiheitlicher Subjektivierung durch politische Institutionen. Die Interpretationsstrategien werden systematisch unterschieden und anhand der Arbeiten exemplarischer (...) Vertreter_innen diskutiert: 1. Foucault ist kohärent, 2. Foucault korrigiert sich, 3. Foucault kritisiert kohärent, 4. Foucault ist nicht genug. Gegen Lemke wird argumentiert, dass Freiheit nicht durch eine anarchistische, sondern nur durch eine institutionalistische Foucault-Lesart bestimmt werden kann. Mit Saar wird gezeigt, dass das Ziel einer eindeutigen Definition von Freiheit im Gegensatz zur Methode der genealogischen Kritik steht und nur im Rahmen der normativen politischen Theorie verfolgt werden kann. In Auseinandersetzung mit Allen wird argumentiert, dass Freiheit nicht in linken Bewegungen verortet werden kann, sondern nur in demokratischen Institutionen. (shrink)

The 'critical turn' in tourism studies is defined as a research perspective that explores social transfor- mation in and through tourism by facing the negative impact of strategic-instrumental rationality on this activity. This work explores the features of discourse ethics that may normatively support tourism transformation, a gap that has not been thoroughly discussed in tourism research. For this purpose, the study combines the use of critical and ethical theory with an analysis of discourse ethics in tourism literature to demonstrate (...) that the use of Habermasian discourse ethics needs to be complemented with the Apelian approach. Through these steps the work reveals the theoretical bases of discourse ethics to discuss whether understandings between stakeholders guided by strategic-instrumental rationality can be reached not only in the political sphere —Habermas—, but also in the ethical field —Apel. (shrink)

For some time now we have noticed an increasing scepticism regarding the effectiveness of democracy, and its ability to represent citizens through elections. Elections are the central mechanism of political decision taking. However, there is a clear tendency to exploit electo­ rial processes by populist politicians. The ancient ideal of paideia was to educate citizens by following a civic program. Its aim was to enable the citizen to exercise the civil rights and duties. Since the 1970s, however, we had observed (...) two contrasting tendencies: a growth of individualization, and a ecrease of the level of civic education. In the 1990s populist politi­ cal parties entered the political scene of European democracies, some of which have man­ aged to establish a mob rule or ochlocracy (ὀχλοκρατία). Since then, ochlocratic parties have systematically intended to win the votes of politically less educated citizens by offering them a simplified political discourse. In fact, these parties have managed to neutralize the two­party system in many European countries. Thus they managed to block majority­based governments, forcing parties to form coalitions with ideologically opposing smaller parties. This has created a situation in which the “punishment vote” becomes the mean to gain the votes of undecided people who may be characterized as rebels without political culture. (shrink)

The paper aims to clarify the interpretation of Kantian morality and Hegelian ethical life given by Honneth and Habermas; it try in particularly to explain the several meanings and forms of Honneth’s relaunch of Hegel’s conception of Sitt- lichkeit. The Author aims at the same time to show some structural limits of this neo-Hegelian ethical perspective from a political point of view, also in relation to the concept of «immanent critique» adopted by Honneth, and differentiated by him from the concept (...) of «internal criticism» developed by Michael Walzer. The Author observes that the immanent approach of Honneth’s normative reconstruction and social critique seems to have some problems to take in account the plurality of different and con icting ethical-political orientations. (shrink)

Since the Enlightenment critique has played an overarching role in how western society understands itself and its basic institutions. However, opinions differ widely concerning the understanding and evaluation of critique. To understand such differences and clarify a viable understanding of critique, the article turns to Kant’s critical philosophy, inaugurating the “age of criticism”. While generalizing and making critique unavoidable, Kant coins an unambiguously positive understanding of critique as an affirmative, immanent activity. Not only does this positive conception prevail in the (...) critique of pure and practical reason and the critique of judgment; these modalities of critique set the agenda for three major strands of critique in contemporary thought, culminating in among others Husserl, Popper Habermas, Honneth, and Foucault. Critique affirms and challenges cognition and its rationality, formulates ethical ideals that regulate social interaction, and further articulates normative guidelines underway in the on-going experimentations of a post-natural history of human nature. In contradistinction to esoteric Platonic theory, philosophy at the threshold of modernity becomes closely linked to an outward-looking critique that examines and pictures what human forms of life are in the process of making of themselves and challenges them, by reflecting upon what they can and what they should make of themselves. As a very widely diffused practice, however, critique may also become a self-affirming overarching end in itself. (shrink)

la théorie de l'argumentation est l'un des points les moins travaillés par Habermas dans ses considérations théoriques. Mais son importance est radicale, puisqu'elle définit le statut même de la rationalité, si l'on accepte une prétention de validité qui était problématique. Nous cherchons ici à définir le statut et le cadre de la théorie de l'argumentation chez Habermas. Nous prétendons aussi suggérer que la façon de parler sur l’argumentation a partir de la notion de l'intérêt général est problématique, ce qui peut (...) être corrigé selon le fondement de la propre théorie habermasienne, à condition qu'elle soit bien comprise. (shrink)

Reading the Communist Manifesto against the contemporary background of massive unemployment, the author argues that Marx's theory of work is no longer adequate to tackle the problem of `workers without work' and suggests that it has to be reformulated in such a way that its normative intuitions and its critical impulses can be maintained. In the first part, he presents a philosophical critique of Marxism that is inspired by Jürgen Habermas and Hannah Arendt. In the second part, he presents a (...) sociological critique of Marxism and argues that the theory of the alienation of work implies a justification of work and the work society. Finally, in the last part, the author presents an ideological critique of Marxism that is inspired by Marcel Mauss' sociology of the gift. Criticising the contractualist assumptions of workfare solutions, he proposes a package solution for a radical decommodification of the labour market by means of a disjunction of income and work. (shrink)

An important question one can ask of ethical theories is whether and how they aim to raise claims to universality. This refers to the subject area that they intend to describe or govern and also to the question whether they claim to be binding for all (moral) agents. This paper discusses the question of universality of Luciano Floridi’s information ethics (IE). This is done by introducing the theory and discussing its conceptual foundations and applications. The emphasis will be placed on (...) the ontological grounding of IE. IE’s claims to universality will be contrasted with those raised by discourse ethics. This comparison of two pertinent ethical theories allows for a critical discussion of areas where IE currently has room for elaboration and development. (shrink)

Making a first sketch of philosophical issues arising from European Community law I want to present a series of more or less obvious, and more or less interrelated dilemmas, or even 'double binds'. Deepening the community becomes incompatible with widening membership. National states seem both necessary for and obstructive in articulating transnational problems. The more democracy is needed as a warrant for the public exercise of political power in Europe, the more the very concept of democracy on a European scale (...) evades understanding. European unity presupposes a unifying rule of law, while member states have radically different conceptions of this principle. Even the very core of European integration, the common market, is subject to two conflicting and, indeed, incompatible doctrines of competition. In explaining the nature of each dilemma I will try to take my cue from the Maastricht Treaty wherever this seems suitable. Then I will elaborate on the jurisprudential problems involved in it. Finally, each section will be closed by an attempt to state the nature of these problems in philosophical terms. (shrink)

Kant's theory of assent seems to combine two incompatible claims that (i) we are responsible for our assent and (ii) we have no direct voluntary control over our assent. But how can we be responsible for something over which we have no direct voluntary control? Scholars have tried to resolve this tension by arguing that, according to Kant, assent is under our indirect voluntary or intellectual control. This paper defends a different solution. It is argued that contrary to first impressions, (...) Kant is actually committed to the view that most assent is under our direct voluntary control, which, in turn, accounts for our doxastic responsibility. From this emerges the outline of a unified Kantian theory of doxastic agency. (shrink)

Demokratien geraten zunehmend unter Druck. Dabei wird die Bedeutung von Demokratie selbst zum Gegenstand der Auseinandersetzung. Diese Auseinandersetzungen nimmt der vorliegende Band zum Anlass, die Bedeutung von Demokratie grundsätzlich zu untersuchen. Mit dem Begriff der Konstituenzien sind dabei jene wesentlichen Bedingungen gemeint, die Demokratie ausmachen. Die meisten dieser Bedingungen sind normativ. Was Demokratie ist, wird auch und gerade dadurch bestimmt, was Demokratie sein sollte. Damit geht es um jene Normen, deren Verwirklichung politische Praktiken zu demokratischen Praktiken macht. Sind diese Normen (...) nur eingeschränkt verwirklicht, mindert sich der demokratische Gehalt von Politik. Inwieweit ist dann nun aber eigentlich der Fall? Und was können wir dagegen tun? Antworten auf diese Fragen geben einschlägige Vertreterinnen und Vertreter aus Philosophie, Politik- und Rechtswissenschaft. (shrink)

Modern social orders are legitimized by the ideal of freedom. Most conceptions of this ideal are theorized against the backdrop of nature understood as governed by its own laws beyond the realm of the social. However, such an understanding of nature is now being challenged by the ‘Anthropocene’ hypothesis. This article investigates the consequences of this hypothesis for freedom as an ideal legitimizing social order. We begin by discussing the conception of legitimation, after which we examine three classical notions of (...) freedom (developed by Hobbes, Kant, and Hegel), in light of the Anthropocene. Following our claim that these notions all have severe weaknesses in view of the Anthropocene, we argue that modern social orders are facing a new legitimation crisis. Such a crisis, we suggest, involves a ‘brutalization of social conflicts’, which under the conditions of the Anthropocene assumes the form of geo-social conflict. (shrink)

A link between populism and social media is often suspected. This paper spells out a set of possible mechanisms underpinning this link: that social media changes the communication structure of the public sphere, making it harder for citizens to obtain evidence that refutes populist assumptions. By developing a model of the public sphere, four core functions of the public sphere are identified: exposing citizens to diverse information, promoting equality of deliberative opportunity, creating deliberative transparency, and producing common knowledge. A wellworking (...) public sphere allows citizens to learn that there are genuine disagreements among citizens that are held in good faith. Social media makes it harder to gain this insight, opening the door for populist ideology. (shrink)

Recent developments in Hungary and Poland have made democratic backsliding a major issue of concern within the European Union. This article focuses on the secondary agents that facilitate democratic backsliding in Hungary and Poland: the European People’s Party, which has continually protected the Hungarian Fidesz government from EU sanctions, and the Hungarian ruling party Fidesz, which repeatedly promised to block any EU-level sanctions against Poland in the Council. The article analyses these agents’ behaviour as an instance of transnational complicity and (...) passes a tentative judgment as to which of the two cases is normatively more problematic. The analysis has implications for possible countervailing responses to democratic backsliding within EU member states. (shrink)

Wolfgang Merkel’s concept of rooted democracy in the context of contemporary populism and the crisis of democracy: The article presents the concept of “rooted democracy” by Wolf‐ gang Merkel, which was presented in the context of the democratic crisis. The German poli‐ tical scientist indicates what democracy is — specifying the proper functioning of the regula‐ tions of the democratic system. Speaking of the weakness or strength of democracy, we must have a well‐described set of system principles that determine the (...) degree of strength of democracy or its erosion. The above set of principles of the democratic system is thoroughly discussed in the article. In particular, the functional model of civil society is analysed. The text also explores how the crisis of democracy is understood and Merkel’s view of the impact of global capitalism on democratic institutions, which contributes to the transformation of democracy into an oligarchy. The topics discussed in the article also concern alternative, non‐ ‐liberal forms of democracy and populism. The question is whether Merkel’s concept is useful in explaining populism and its political consequences. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between economic actors (...) could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

In diesem Open-Access-Sammelband setzen sich Autor*innen aus unterschiedlichsten Disziplinen mit der Auswirkung einer digitalisierten Öffentlichkeit für die Politische Bildung auseinander. Sie erörtern, wie sich die Formen digitaler politischer Kommunikation auswirken, wie der Politikunterricht mit der veränderten Ausgangslage umgehen könnte und welche Kompetenzen Schüler*innen benötigen, um in der digitalen Öffentlichkeit selbstbestimmt und -ermächtigt politisch teilzuhaben. Die Komplexität und die Interdependenzen digitaler Kommunikation verlangen nach einer multiperspektivischen und transdisziplinären Perspektive, der dieser Band verpflichtet ist.

The main objective of the paper is to present a model of the good practices of deliberative cooperation in a parliamentary setting. This goal is achieved through applying the three functions of the deliberative system—epistemic, ethical and democratic —to an analysis of cooperation between different stakeholders during the work of a Polish Parliamentary Subcommittee. They are used as an evaluative tool for analysing the cooperation of MPs, members of the public and representatives of the government. The paper analyses a concrete (...) example of the work of the Permanent Subcommittee on the government bill amending the Act on Public Benefit Activity and Voluntary Work in the Polish Parliament. This concrete example is presented as a model of good practices when it comes to deliberative cooperation between representatives of the authorities and citizens aiming at the development of shared practical judgement. The paper consists of three parts. In the first, a systemic approach to deliberative democracy is briefly introduced, and the history of the work on the bill is outlined. The main part consists of an analysis of the three speeches of three main stakeholders in the legislative process, from the perspective of their view of legislative deliberations, and in terms of the three functions of deliberative system. In the conclusions, four main issues are analysed with reference to the presented legislative deliberations: 1. Legislative committees as mixed deliberative spheres; 2. Internal/external deliberation; 3. The distinction between stakeholders/ordinary citizens; and 4. Deliberative stance/deliberative mindset. (shrink)

The goal of this essay is to expose the foundations of Enrique Dussel’s philosophy of liberation and to explain its contributions in the context of Latin-american thinking. In a postmetaphysical level of foundation, the philosophy of liberation adopts the ethos from semitic thinking and the Levinas’ hermeneutics of the «Other» with the proposal of formulate a criticism of eurocentrism and to build an alternative philosophical model. In front of the traditional paradigms of philosophy and philosophical historiography, Enrique Dussel develops a (...) new arquitectonics to report on the specificity of our thinking. (shrink)

Modern democracy attempted to solve the dilemmas posed by opposing features from various traditions through two strategies: representation, which allowed it to incorporate citizens’ conflicting interests within a restricted collegiate group that permitted deliberation and agreement, on one side, and universal choice of representatives and governments for limited periods of time, on the other. Since the first decades of the 20th century, this notion of democracy within the framework of a republican constitution was opposed by another one that rejected all (...) forms of parliamentarianism, discussion and public deliberation in the name of a “democracy” based on the identity and homogeneity of a mass of people under the hegemonic leadership of a party, centered around the will and decisions of a managing elite and a charismatic leader, viewed as the sole representative of the people themselves. Both forms of democracy –strict and perverted – are being harassed by the powers unleashed by globalization and transnationalisation that are becoming alien oligarchies, opposed to the notion of citizenship and restrictive of its rights. In liberal parliamentary democracies the functional imperative issued by the financial sector is channeled through a crisis cabinet that assimilates demands and transforms them by managing an ever-changing budget whose aim is to add new sufferings to the bulk of the population that can only counteract through protest. Given the constitutional backdrop of these societies, with their deep democratic network, the gradual transformation of the European Union into a transnational arena fuelled by “a club of chiefs of state” has only made yet more patent the oligarchic turn of its post-crisis evolution. In plebiscite democracies the turn was operated through a sovereign entrenchment of the power of the oligarchy on the pretext of resistance to the pressure set by globalization. Since the onset of the 90s, Latin America as well as countries in Eastern Europe have witnessed a gradual turn toward what O’Donnell has termed “delegative democracies”, or neo-populism, according to other authors. These regimes are characterized by exalting a populist leader, upholding him as a savior who will gauge the needs and wishes of the mass of individuals without intermediaries, focusing mainly on those who feel excluded from the mainstream of institutionalized democracy. This ensures feedback to populist regimes supported by a hegemonic political party that lives on State resources and on the rampant corruption it protects in order to finance ‘clientelism’ among those excluded from the system by the policies of the State itself. (shrink)

Methodological nationalism in sociological theory is unfit for the current globalized era, and should be discarded. In light of this contention, the present article discusses Max Weber’s view of language as a way to relativize the frame of the national society. While a “linguistic turn” in sociology since the 1960s has assumed that the sharing of language—linguistic community—stands as an intersubjective foundation for understanding of meaning, Weber saw linguistic community as constructed. From Weber’s rationalist, subjectivist, individualist viewpoint, linguistic community was (...) a result of social actions, not a prior entity as assumed by German metaphysical organicism (and historicist holism). Indeed, Central Europe in Weber’s era was a battlefield of linguistic nationalism(s); in contrast to the national societies of the Cold War period, national borders were unstable and ultimately the multiethnic empires of the region were dismantled after World War I into ethnolinguistic nation-states. Experience of this contemporary reality brought Weber to the core of the relationship between language and politics: A language community is an imaginary one demarcated not by language itself but by conscious opposition against outsiders, with monolingual contexts within borders created artificially by homogenizing policies like linguistic standardization and national education—the first modernity of language. In this way, Weber felt, language can be a means to domination. (shrink)

Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the field of socio-legal studies (...) I select the sociology of criminal justice and punishment in order to demonstrate the characteristics of this relationship. The partnership between sociology and law emerged as part of the modernization project in the 19th and 20th centuries, and the sociology of punishment was part of this endeavour. Rooted in a strong tradition of old (Durkheim) and new (Elias, Foucault) classics, recent developments in this field are leaving the idea of an `unproblematically modern punishment' (Whitman, 2005a) behind, and new fields of inquiry for comparative lawyers and sociologists are opening up. (shrink)

In this article we will suggest that the traditional account of the freedom of expression needs revision. The emergence of Internet media has shown that the traditional ideal of a plurality of voices does not in itself lead to fruitful public spheres. Inspired by Foucault’s interpretation of the Greek concept parrhesia we suggest that the plurality of voices should be supplemented with an ideal of courageous truth-telling. We will furthermore argue that the notion of courage has two dimensions that should (...) be taken into account. On the one hand a Derridean reading of courage brings out a disruptive and aporetic feature of courage. On the other hand, courage also needs to be articulated through some kind of goal, which in a public setting calls for a deliberative dimension. We conclude by suggesting that public spheres with courageous truth-telling will facilitate societies in which strong voices and opinions are continuously challenged by less strong voices. (shrink)

Many traditional conceptions of ethics use categories and arguments that have been developed under conditions of pre-modern societies and are not useful in the age of globalisation anymore. I argue that we need an economic ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. This conception is then elaborated further in the area of business ethics. It is illustrated in the case for banning child labour.

Reading the Communist Manifesto against the contemporary background of massive unemployment, the author argues that Marx's theory of work is no longer adequate to tackle the problem of `workers without work' and suggests that it has to be reformulated in such a way that its normative intuitions and its critical impulses can be maintained. In the first part, he presents a philosophical critique of Marxism that is inspired by Jürgen Habermas and Hannah Arendt. In the second part, he presents a (...) sociological critique of Marxism and argues that the theory of the alienation of work implies a justification of work and the work society. Finally, in the last part, the author presents an ideological critique of Marxism that is inspired by Marcel Mauss' sociology of the gift. Criticising the contractualist assumptions of workfare solutions, he proposes a package solution for a radical decommodification of the labour market by means of a disjunction of income and work. (shrink)

In 2010, the German Federal Ministry of Education and Research started a series of citizens’ dialogues on future technologies. In the context of the German history of public participation in technology-oriented policy making, these dialogues are unique for at least two reasons: The Federal Ministry retains the responsibility for the entire process and is heavily involved in its planning, organization and communication, and the number of participants and process elements is significantly higher than in most other participative events. The paper (...) presents insights into the political background of the citizens’ dialogues, its general concept as well as first observations from the dialogue rounds on energy and high-tech medicine. In addition, it discusses reactions of other political actors and expectations regarding legitimacy and representativeness of the dialogue results. (shrink)

This paper seeks to show that the proposition of 'double contingency' introduced by Parsons and defended by Luhmann and Habermas is insufficient under the conditions of contemporary communication societies. In the latter context, the increasing differentiation and organization of communication processes eventuated in the recognition of the epistemic authority of the public, which in turn compels us to conceptualize a new level of contingency. A first step is therefore taken to capture the role of the public in communication societies theoretically (...) by what may be called 'triple contingency'. Since the process of the definition of reality and its outcome, to which the response of the public is central, is best seen in constructivist terms, attention is also paid to relevant methodological and epistemological questions. Key Words: cognitive turn • communication • constructivism • double contingency • Habermas • Luhmann • observation • Parsons • situationalism • the third point of view. (shrink)

How should the state justify its coercive rules? Public reason liberalism endorses a public justification requirement: Justifications offered for authoritative regulations must be acceptable to all members of the relevant public. However, as a criterion of legitimacy, the public justification requirement is epistemically unreliable: It prioritizes neither the exclusion of false beliefs nor the inclusion of true beliefs in justifications of political rules. This article presents an epistemic alternative to the public justification requirement. Employing epistemological theories of argumentation, we demonstrate (...) how this approach enables assessing the epistemic quality of justifications of political rules, even when the truth is difficult to establish. (shrink)

This article intervenes in the debate on populism and democratic reform. Assuming that neither progressive populist counter-projects nor reforms broadening participation or deepening deliberation provide an immediate and realistic solution to the problematic political condition, the article engages with John Dewey’s work and presents a democratic praxis focused on problem solving as the most promising remedy to the populist challenge. The analysis shows that Dewey conceptualizes human action as inherently focused on problem solving, which allows him to think democracy as (...) an associated activity to articulate and solve problems through public inquiry. Drawing on the critique that powerful groups prevent democratic problem solving activities, I develop his argument that a problem-centred democratic project must attach itself to ‘wants and interests that are actually operating’. Against this backdrop, the pragmatic way forward to the repression of populist authoritarianism lies in the expansion of democratic problem solving, which, I conclude, can be realized by interweaving intelligent action into the habits of democratic parties. (shrink)

The question of truth is one of the oldest philosophical topics, but perhaps it concerns the world today more than ever. Der Beitrag geht auf einen Vortrag zurück, der 2018 in verschiedenen Fassungen beim Nietzsche-Forum München e.V., beim Nietzsche-Forum der Tongji-Universität Shanghai und beim Nietzsche-Kolloquium der Stiftung Nietzsche-Haus in Sils-Maria und 2019 in Machatschkala, Dagestan, gehalten wurde. Nietzsche was a realist about truth and he sought to criticize and reject the idealizations and moralizations that continue to dominate philosophical thinking: he (...) wanted to see how truth really stands. Following Nietzsche we can recognize more clearly that we need illusions in order to live, but that these illusions also endanger the very lives they support. We demand a final truth on which we can rely at all times, and which allows us to live together, such as the truth of God, the truth of reason, or the truth of being. But searching for such a final truth, we face “nothing,” or what Nietzsche described as “nihilism.” At the same time, however, we keep on speaking about truth and truths. How to speak—after Nietzsche—about truth without succumbing to illusion? Starting from Nietzsche’s critique of truth and Heidegger’s metaphysical account of Nietzsche’s position, this article examines how Nietzsche, in contrast to Heidegger’s ontological commitments, allows us to decide about truth on the grounds of perspectivism. While Nietzsche’s position thus seems compatible with that of Niklas Luhmann’s constructivism, Nietzsche still holds on to his truth as the truth of “an evangelist the like of which there has never been” (EH, Destiny 1). (shrink)

In my article, I want to focus on the critique Cristina Lafont makes to expertocracy and epistocracy, mainly through the institution of judicial review, to which she dedicates chapter 7 and part of...

This article explores critiques and reformulations of Habermas’s concept of communicative action as presented by feminist authors. Numerous articles considering communicative action as developed by Habermas from a feminist perspective have been published, but no systematic analysis of these arguments exists. This article aims to fill the gap by providing an examination of various readings of communicative action from a feminist standpoint. If, on one hand, the article collects the dispersed feminist critique of communicative action and offers insight into feminist (...) argumentation, its aim is, on the other hand, to reflect the critique itself. Therefore, attention is devoted both to feminist readings of communicative action, as well as to the potential shortcomings of these readings that are detected by a closer examination of Habermas’s own works. The article’s aim is also to show how feminist critics, in their interpretations and reformulations of communicative action, focus on an explication of the inclusive elements of communicative action. (shrink)

Wie können Freiheit und Widerstand innerhalb von Foucaults Theorie der Macht und Subjektivierung konzipiert werden? Karsten Schubert liefert die erste systematische Rekonstruktion der sozialphilosophischen Debatte um Freiheit bei Foucault und eine neue Lösung für das Freiheitsproblem: Freiheit als die Fähigkeit zur reflexiven Kritik der eigenen Subjektivierung – kurz: Freiheit als Kritik – ist das Resultat von freiheitlicher Subjektivierung in politischen Institutionen. Der Band zeigt so die Konsequenzen von Foucaults Freiheitsdenken für die Demokratietheorie und die allgemeine sozialphilosophische Freiheitsdiskussion auf.

The essay takes the widespread complaint that societies today are deeply divided and polarized as a starting point. Affirming that there is no democracy without division, it asks what it means for conflict and disagreement to be dealt with in a respectful and civil manner. As an illustration of the main argument, the way that liberals have engaged with populist leaders is criticized on both a strategic and normative level. An alternative to existing strategies of dealing with the conflict between (...) liberals and populist is then proposed. Finally, the article also asks under what conditions civil disobedience might be an appropriate response to authoritarian populism. (shrink)

ABSTRACTWhenever people use language, they participate in valuation practices, i.e. they give value to themselves as well as to others. To account for the construction of social inequality through discursive valuation practices, discourse theorists need Marxist theory and Marxists need discourse theory. By going from the early Marx to the late Foucault, I will revisit Marx’s value theory in light of practice-oriented approaches to social inequality. I will discuss examples from two distinct arenas, the monopolization of attention by populist leaders (...) and the academic star system, both of which are accounted for in terms of the accumulation of discursive capital. This perspective asks how the value of subject positions is constructed and hierarchies between them are established in discursive practices. Investigating the construction of valuable subject positions in discourse communities, this perspective attempts to overcome the traditional division between language, the economic and the social. Discourse n... (shrink)

The article starts with the observation of an ambivalence inherent to the politics of juridification. On the one hand, some spheres of the life-world such as the family and the school are often places of exploitation, degradation and humiliation and therefore seem to require the implementation of legal protection for their members. At the same time, the demand for rights seems somehow to grasp too little, would be inadequate or even counterproductive. How can this ambivalence be politically dealt with? I (...) first briefly reconstruct Jürgen Habermas' concept of juridification. I believe that Habermas works with an image of the family and the school as communicatively constituted and juristically uncompromised milieux, which proves to be highly questionable. In a second step I consider Axel Honneth's theory of the absolutization of legal freedom as offered in his recent work Freedom's Right. Honneth sidesteps several problematic implications of the Habermasian thesis of colonization, but still tends to underestimate the dominant patriarchal power relations in the spheres of the family and the school. Finally, I pursue Honneth's own suggestion that a new notion of politics is required for understanding contemporary struggles for recognition, which overcomes the statist tendencies of liberalism. I therefore propose to shift the perspective on the phenomenon of juridification, viewing it instead from the standpoint of the agents themselves, by turning to Wendy Brown's feminist theory on the paradoxes of rights. (shrink)

In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...) reflectively. Therefore, the aim of the article is to rationally reconstruct these theoretical insights with reference to the ideas of modern schools of legal philosophy. For this purpose the ideas of the theory of natural law are discussed. It is concluded that in legal practice two provisions of natural law are applied: legal decisions ought to be reasonable and must include existential ends (basic values). The evolution of the legal positivism is discussed in the article and it is concluded that legal positivism offers the criterions of the scientific character of legal science by framing the procedural rules of the democratic process of lawmaking. These rules anticipate such conditions: consensus concerning decision making; equal participation of all members of legal discourse confirming normative decisions; the acceptability of consequences after the realisation of normative decisions; the possibility to reaffirm normative decisions, if necessary. The ideas of virtue jurisprudence are discussed and it is claimed that virtue jurisprudence as a criterion of the scientific character of law proposes such theoretical position: the decisions concerning human rights must supply the value system (hierarchy) and the virtues which are formed and justified in the long legal tradition. The article represents the use of these criterions of the scientific character of legal science by Jurgen Habermas to debate about legal prohibition of the improvement of the human genome by using modern technologies of genome engineering in the Convention of Human Rights and Biomedicine (Oviedo, 1997). (shrink)