This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...) four-planar nature. This view makes criminal theory‘s Autonomy Assumption look deeply questionable; autonomy must be a complex, nuanced open question, not an abstract, a priori default assumption. (shrink)

This article explores the relationship between ethics and metaphysics in critical theory through immanent criticism of Fabian Freyenhagen's reconstruction of Adorno. Endorsing Freyenhagen's overall defence of Adorno's position, it argues that several important features of Adorno's position as Freyenhagen interprets it can be made intelligible only on broadly Aristotelian metaphysical presuppositions. These should be thematized explicitly rather than ignored. Moreover, these metaphysical presuppositions are on independent grounds plausible, as recent Aristotelian and critical realist work has indicated, and special difficulties arising (...) for them in the context of a radical negative critical theory can probably be overcome. Further conversation between critical theorists, Aristotelians and critical realists should prove fruitful in elaborating and defending a radical critical theory alternative to the dominant postmetaphysical paradigm. Progress in this direction, though, will entail rejecting the basic postmetaphysical premise that critical theory must proceed in a metaphysically neutral way. (shrink)

Given his view that the modern world is ‘radically evil’, Adorno is an unlikely contributor to business ethics. Despite this, we argue that his work has a number of provocative implications for the field that warrant wider attention. Adorno regards our social world as damaged, unfree, and false and we draw on this critique to outline why the achievement of good work is so rare in contemporary society, focusing in particular on the ethical demands of roles and the ideological nature (...) of management’s self-understanding. Nevertheless, we show that Adorno’s comments on activities such as art and philosophy mean that it is possible to draw on his work in a way that contributes constructively to the conversation about good and meaningful work within business ethics. (shrink)

This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces (...) in such a way that they cannot be said to have acted freely. Yet as traditionally presented it was possible for its opponents to interpret this challenge as an incompatibilist position within the traditional free will/determinism debate, and to present compatibilist arguments against it—in particular, that the determinist challenge is unmotivated and has implausible implications. It is argued that these compatibilist objections hold only on a certain interpretation of the determinist challenge, but that this interpretation is not the only one available. Adorno’s distinctive position on freedom and determinism is presented as an alternative version of the challenge, which cannot be assimilated to the terms of the traditional compatibilist/incompatibilist disputes. This novel, ‘metacritical’ version of the determinist challenge is essentially a social–historical, not metaphysical, thesis about the moral significance of the freedom-undermining effects of modern social forms. As such, it is argued, it is invulnerable to the usual compatibilist objections, and presents a serious challenge to our criminal legal institutions. (shrink)

In this paper, I assess some recent critical realist constructive criticisms of Theodor Adorno, one of the leading thinkers of the Frankfurt School tradition of critical theory. I argue that while there are similarities between Adorno’s treatment of causality and the critical realist notion of powers, these connections should not be taken to imply that Adorno’s conception of critique requires a critical realist powers ontology. I show that Bhaskar’s transcendental realism is at odds with the basic commitments of Adorno’s historical (...) materialism. I go on to clarify such materialism and show that to Adorno, capital is the historical compulsion characteristic of modernity. (shrink)