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

Through a new interpretation of Wittgenstein's rule-following discussions, this article defends a negotiating model of normativity according to which normative authority is always subject to contestation. To refute both individualism and collectivism, I supplement Wittgenstein's Private Language Argument with a Social Language Argument, showing that normativity cannot be monopolized either individually or socially (i.e. it cannot be privatized or collectivized). The negotiating view of normativity here developed lays the foundations of a politics of radical contestation which converges with Chantal Mouffe's (...) framework of 'radical democracy', while departing from her agonism in preserving the structuring and constraining role that tacit agreement in action plays in rule-following practices. My account of the 'burdens of eccentricity' elucidates how the normative force of dissidence can be properly recognized and used effectively for social transformations. I argue that there is a 'presumption of normalcy' in favour of the established consensus of action, but that this presumption is defeasible: in normative disagreements, a violation of expected normalcy shifts the burden onto the shoulders of rebellious agents who must show that their dissenting behaviour can be a legitimate extension, revision, or transformation of the practice in question. (shrink)

In this paper, I explore Wittgenstein’s inheritance of one specific strand of Kant’s criticism, in the Critique of Pure Reason, of reason’s inherent pretensions to totality. This exploration reveals new critical possibilities in Wittgenstein’s own philosophical method, challenging existing interpretations of Wittgenstein’s political thought as “conservative” and exhibiting the closeness of its connection to another inheritor of Kant’s critique of totality, the Frankfurt school’s criticism of “identity thinking” and the reification of reason to which it leads. Additionally, it shows how (...) Wittgenstein’s linguistic philosophy offers to challenge and undermine, in a historically novel way, the metaphysical assumptions underlying some of our most characteristic and ubiquitous social practices. (shrink)

This article offers a Marxist reading of Wittgenstein and juxtaposes his famous dictum that philosophy ‘leaves everything as it is’ with the idea of transformative action. I seek to align the later philosophy of Wittgenstein with Marx’s 11th thesis on Feuerbach. I advance an unorthodox view interpreting Wittgenstein as an advocate for social and political reform. Wittgenstein’s philosophy encourages us to imagine alternatives and contemplate concrete possibilities for changing the world. The debate operates within the philosophy of education and draws (...) inspiration from related inquiries in political thought and, more specifically, from Marxist connections with Wittgenstein. (shrink)

Vinten looks at the relationship between Wittgenstein’s philosophy and the social sciences as well as at the ideological implications of Wittgenstein’s philosophy and applications of Wittgenstein’s philosophy to problems in social science. He examines and assesses the work of thinkers like Richard Rorty, Perry Anderson, and Chantal Mouffe. -/- “Robert Vinten has produced an impressively meticulous and wide-ranging discussion of how Wittgenstein’s mature philosophy can revitalize the social sciences. There is insight and scholarship on every page. This important book will (...) open up new possibilities for both philosophers and social scientists.” —Leonidas Tsilipakos, Lecturer, University of Bristol, UK. (shrink)

Whether understood as an adherence to the given, as an appeal to observe traditions, or as the wish to return to some bygone age, conservatism is bedevilled by paradoxes. The present essay attempts to overcome these paradoxes by putting forward a new conception of conservatism, identifying it as a worldview bent on the preservation of the totality of human knowledge with the aim of enhancing the survival chances of future generations. Conservatism thus understood targets the achievement of real knowledge. Hence (...) by necessity it must associate itself with a realist epistemology and ontology. I argue that any realism worthy of the name is common-sense realism, and that common-sense realism takes into account not merely the verbal level of cognition but also its visual and motor dimensions. The paper devotes special attention to Ludwig Wittgenstein, whose work has been intensively discussed in recent decades in the context both of conservatism and realism. (shrink)

Taking Wittgenstein's love of music as my impetus, I approach aporetic problems of epistemic relativity through a round of three overlapping (canonical) inquiries delivered in contrapuntal (higher and lower) registers. I first take up the question of scepticism surrounding ‘groundless knowledge’ and contending paradigms in On Certainty (physics versus oracular divination, or realism versus idealism) with attention given to the role of ‘bedrock’ certainties in providing stability amidst the Heraclitean flux. I then look into the formation of sedimented bedrock knowledge, (...) or practices of knowing, by comparing Wittgenstein's remarks on animal habituation and initiate training into human forms of life. In the latter case, mastery of techniques—our common education—secures agreement in judgment. Finally, I entertain Wittgenstein's obscure references to Einstein's Relativity in Zettel, showing initiate training as a way of ‘setting the clocks’ with variable degrees of certainty, relative to the language‐games played. Together, these three approaches help us to stop the ‘endless circling’ when philosophers try to address knowledge questions through the logic of object and designation, or verification of correspondence between propositions and things. Instead, attention moves to the way we educate our children and how we employ agreements and bedrock certainties in practices. (shrink)

In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...) parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law. I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated 'the legal practice', and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law. (shrink)

The dissertation attempts to answer the question of how to theorize resistance from within the philosophy of social science. To answer this question we must consider more than just the philosophy of social science; we also must look to political and moral philosophy. Resistance to the social norms of one’s community is possible to theorize from within the philosophy of social science once we develop a sufficiently nuanced account of social and moral communities, according to which membership in a community (...) is not defined by sharing judgments, conceptual frameworks, or comprehensive worldviews, but by sharing terms of discourse so that discussion about judgments, conceptual frameworks, and comprehensive worldviews is possible. Understanding the structure of one’s moral community is not the same as to endorsing that structure. This suggests that contestation is already present within communities about what ‘we’ do, up to and including who ‘we’—as a ‘community’—are. Challenging communitarian understandings of what makes a community a community, I argue that communities are best understood as forming around common concerns or perceptions of problems. This contestation plays a major role in determining the identities of communities, and these identities are constantly shifting. (shrink)

When Michael Peters asked me to write this editorial on the significance of Wittgenstein and Foucault for philosophy of education I accepted with modest reservation: ‘Only if I can write this piece...

The present article aims at investigating the political aspects of Wittgenstein’s later philosophy, focusing mainly on the Philosophical Investigations. This theme remains rather marginal within Wittgensteinian scholarship, facing the key challenge of the sparsity of explicit discussions of political issues in Wittgenstein’s writings. Based on the broader anthropological and synecdochic character of Wittgenstein’s later philosophy, the main objective of the article is to make explicit the implicit political import of some of the main themes of the Philosophical Investigations. This is (...) done by correlating them with certain political concepts and issues, such as reification, mystification, emancipation, self-institution and the common. In such a way, a new light is shed on Wittgenstein’s influence on and his relevance to contemporary political theory, while at the same time the first steps are taken for the enrichment of the discussion regarding personal and social autonomy and the critique of late capit... (shrink)

“Don’t think, but look!” (Wittgenstein 2009: § 66). This insistient advice has served as methodological inspiration for several influential thinkers in the broad range of ‘empirically informed’ philosophy, which has flourished over the last decades. There is, however, a worrisome tension between Wittgenstein’s work and these turns to practices, history, science, field work, and everyday life: Wittgenstein is in general doing something different from what the thinkers who claim to be inspired by him are doing. An argument for the legitimacy (...) of the move from Wittgenstein to empirically informed philosophy is so far missing in the literature. This article shows how this move can be justifiable within a Wittgensteinian frame, philosophically beneficial, and at times even necessary. (shrink)