In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses the (...) current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

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)

Given the prominent position Habermas' philosophy has gained, it is surprising that his method, rational reconstruction, has not caused more debate. This article clarifies what this method consists of, and shows how it is used in two of Habermas' research programs. The method is an interesting, but problematic way of confronting some of the basic epistemological questions in the social sciences. It represents an alternative to both the empirical-analytical and the hermeneutic tradition. On the basis of this methodology, Habermas' work (...) is situated between the transcendental and the empirical approach. A fundamental problem is that it remains unclear how to test the hypothesis put forward through rational reconstruction. (shrink)

The article argues that Honneth’s idea of reconstructive critique represents a type of immanent critique. Starting from the objection raised by Rahel Jaeggi, who considers the reconstructive critique to be a genre of internal criticism devoid of any transformative negativity, it seeks to show, on the contrary, that Honneth’s notion of “surplus of validity” plays a role of transcendence within the historical reality, which could explain his understanding of reconstructive critique as immanent one. In the second part, the paper displays (...) how Honneth applies this conception of critique to solve the division within Critical Theory, induced by Habermas’s use of the idea of rational reconstruction, which would have split off the tasks of founding the normative criteria and discovering immanently elements for the social transformation. In the third part, the category of surplus of validity is investigated in its function of enlightening possibilities of transformation following an “universal-particular dialectic”. In its final part, the paper addresses some conceptual difficulties in Honneth’s attempt to clarify the systematic value and philosophical meaning of the surplus of validity within the framework of normative reconstruction. (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)

Jürgen Habermas's theories have received enormous attention in the public sphere as well as in political science. It is therefore surprising that his method, rational reconstruction, is not more debated. In political science the method is of particular interest because of its ambition to bridge the gap between empirical and normative approaches. In this article the author traces Habermas's interest in rational reconstruction by going back to his writings on theory and practice and subsequently shows what the method's main principles (...) are. He then specifies how this methodological conception is used in Habermas's political theory. Finally, the introduction of an empirical design allows the author to discuss one of the fundamental tensions in Habermas's approach: the hypotheses arrived at through rational reconstruction are empirical hypotheses but cannot be tested by empirical means. (shrink)

Jürgen Habermas’s theories have received enormous attention in the public sphere as well as in political science. It is therefore surprising that his method, rational reconstruction, is not more debated. In political science the method is of particular interest because of its ambition to bridge the gap between empirical and normative approaches. In this article the author traces Habermas’s interest in rational reconstruction by going back to his writings on theory and practice and subsequently shows what the method’s main principles (...) are. He then specifies how this methodological conception is used in Habermas’s political theory. Finally, the introduction of an empirical design allows the author to discuss one of the fundamental tensions in Habermas’s approach: the hypotheses arrived at through rational reconstruction are empirical hypotheses but cannot be tested by empirical means. (shrink)

The value of a negatively defined private space is defended as important for the development of personal autonomy. It is argued that negative liberty is problematic when split off from its connection with this ideal. An ethical interpretation of personal autonomy is proposed according to which a private space is one of autonomy's preconditions. This leads to a conceptualization of privacy that is fruitful in two respects: it permits an account of privacy laws that avoids certain pitfalls, and it serves (...) as a basis for criticizing privacy-related failures of autonomy together with the social forces that produce them. Negative liberty is, furthermore, rejected as an adequate basis for modern law and democracy. Here, too, an ethically defined personal autonomy, of which negative liberty is a precondition, is held to be the most convincing normative foundation. A critical reading of Habermas' cooriginality thesis is offered in support of this argument. Key Words: cooriginality thesis • Jürgen Habermas • Herbert Marcuse • negative liberty • personal autonomy • positive liberty • privacy • Martin Walser. (shrink)

Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of law and (...) democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis. (shrink)

How can free and equal people cooperate to solve conflicts and common problems in a rational and legitimate way? In this article I deduce principles for doing so from the requirements of rational communication set out in the discourse theory of Jürgen Habermas. I apply them in defining a process of efficient decision making. What I call ‘communicative design’ denotes the design of a reason giving process in which the practice of proposing and assessing claims with regard to rulemaking and (...) problem solving is undertaken on an equal and autonomous basis. Two sets of prescriptions are given: organisational principles for the composition of groups and argumentative principles for deliberation. However, any procedure aimed at achieving a rational consensus in decision making in organisations has to deal in practice with limitations of time, participation and the information available. Communicative design may not guarantee strictly rational decisions, then, but the procedure it constructs does promise relatively ‘more valid’ decisions than might be expected if another procedure had been adopted. (shrink)