The notion of a spontaneous social order, an order in human affairs which operates without the intervention of any directly ordering mind, has a natural fascination for social and political theorists. This paper provides a taxonomy under which there are two broadly contrasting sorts of spontaneous social order. One is the familiar invisible hand; the other is an arrangement that we describe as the intangible hand. The paper is designed to serve two main purposes. First, to provide a pure account (...) of the invisible hand, with some indication of the varieties of invisible hand (and, indeed, backhand) available. Second, to develop and motivate the unfamiliar conception of the intangible backhand. We believe that a recognition of the availability of this latter sort of spontaneous organising mechanism — and the mechanism is implicitly recognised in many traditions — is of great importance in political theory; it is of particular importance nowadays when the usual focus is entirely on the invisible hand. (shrink)

In texts such as “Richard Rorty’s Pragmatic Turn” Jürgen Habermas defends a theory that associates, on the one hand, the truth-claim raised by a speaker for a proposition p with, on the other hand, the requirement that p be “defendable on the basis of good reasons […] at any time and against anybody”. This, as is known, has been the target of criticisms by Rorty, who−in spite of agreeing with Habermas on the central tenet that the way of evaluating our (...) beliefs must be argumentative practice−declares that the only “ideal presupposed by discourse” is “that of being able to justify your beliefs to a competent audience”. We will consider two texts from 1971, -surprisingly neglected in most approaches to the debate-, in which Habermas did include such a “competence condition” to elucidate the notion of truth. We will discuss whether there are good reasons to relinquish such a condition and to refer, instead, only to the formal or procedural properties of argumentative exchanges, as Habermas does in presenting the notion of “ideal speech situation”. As we will try to argue, there are no such good reasons. (shrink)

In this article I follow James Gordon Finlayson who claims that a Hegelian criticism applies both to Kant and also to Habermas, namely, the criticism of the will as a tester of maxims. The issue is that Kant cannot connect the will of morality and the will of the particular agent and this leaves the empirical will unaffected. According to Finlayson, Habermas can be charged with this criticism, insofar as he draws a distinction between agent-neutral and agent-relative reasons. The upshot (...) is that in Discourse Ethics the empirical will seems to be left also unaffected by the moral will. In light of an analysis of ideal role taking, and rational discourse, I claim that Habermas can rebut the Hegelian criticism. Nonetheless, I show that these concepts are incompatible with the distinction between agent-relative and agent-neutral reasons. Hence, either the concepts or the distinction have to be removed. Habermas can only afford to discard the distinction, and indeed this modification answers the criticism. The... (shrink)

Democratic deliberation has an inherent tension between self-government and good government. It grants democratic politics a legitimacy which depends on its responsiveness to the collective opinion of the members of a political community, while it also seeks good decisions, the justification of which adheres to an ideal of right action beyond the opinion of the majority. In this regard, Philip Pettit proposes liberty as non-domination as a regulative ideal that guides democratic deliberation for self-government without jettisoning the ideal of good (...) government. His republican theory of democratic deliberation is worthy of our consideration in the sense that without endorsing either any pre-existing commonality in a society or a set of inalienable individual rights, it successfully justifies the imposition of external premises in democratic deliberation. However, his theory of democratic deliberation still falls prey to charges of having an anti-self-government tendency, particularly when civil contention between individuals or groups is driven by contrasting views of liberty as non-domination. Based on this observation, in this paper, supplementing his consequentialism with the Daoist practices of becoming ‘nothingness’, I will suggest the ethics of ‘difference’ as an additional regulative principle that helps better steer democratic deliberation toward the premise of liberty as non-domination. (shrink)

Initially, deliberative politics offers a failure of self‐identity in that the literature dealing with it divides between its determinate elevation in terms of reason, and such, and its dissipation in response to the diversity of interests pressing on it. Next, drawing on the resources of poststructural jurisprudence and by way of locating law at a defining limit of deliberative politics, a similar divide is found in law itself. Then, more productively, law is shown to be constituted with‐in that divide and (...) to take characteristic content from it. Finally, the analysis is returned to deliberative politics where the divide found in the literature can now be seen as offering this politics possibilities of effective constitution and distinctive content. (shrink)