This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian element is (...) required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

The article explores Jacques Derrida’s view of the secular as the field of the socio-political. It focuses on his argument as to why religion and politics cannot be strictly separated as in the classical modern paradigm. By engaging Derrida’s later writings, this article shows that the secular domain cannot be purified of all faith and is best thought of as theologico-political, where ‘theologico-political’ indicates the interrelatedness and distinction between the theological and the political. The article’s central claim is that by (...) opening up to some form of the theological that is not reducible to traditional conceptions, and to a faith that is not necessarily religious, Derrida provides significant resources for understanding the secular today in more complex and critical ways than usual approaches offer. (shrink)

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...) may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between law and morality, and has even been tempted by natural law arguments in developing his theory of jurisprudence (see Part IV), Kelsen is more receptive to arguments drawn from legal and political realism. Yet Habermas is hardly oblivious to these arguments, as can be seen from his recent acknowledgment that human rights that secure subsistence and development depend on ‘global domestic policy’ for their full enjoyment. This acknowledgment, I submit, brings Habermas’ legal philosophy closer to Kelsen’s monistic view that a supranational human rights regime must regulate political as well as purely legal matters (Part III). Given this stronger analogy between domestic and global institutions of governance, I argue (Part IV) that a global human rights regime must also incorporate features of constitutional review. Conceding this point, however, raises further questions about the insulation of international law from so-called extra-legal (political) influences. I conclude that not only do multicultural differences in understanding human rights (conflicts between legal paradigms) generate political problems for international courts but so do competing subsystems of international law. (shrink)

Exploring the apparent tension between Foucault’s analyses of technologies of domination – the ways in which the subject is constituted by power–knowledge relations – and of technologies of the self – the ways in which individuals constitute themselves through practices of freedom – this article endeavors to makes two points: first, the interpretive claim that Foucault’s own attempts to analyse both aspects of the politics of our selves are neither contradictory nor incoherent; and, second, the constructive claim that Foucault’s analysis (...) of the politics of our selves, though not entirely satisfactory as it stands, provides important resources for the project of critical social theory. (shrink)

In this article, I discuss what motivated reasoning research tells us about the prospects for deliberative democracy. In section I, I introduce the results of several political psychology studies examining the problematic affective and cognitive processing of political information by individuals in nondeliberative, experimental environments. This is useful because these studies are often neglected in political philosophy literature. Section II has three stages. First, I sketch how the study results from section I question the practical viability of deliberative democracy. Second, (...) I briefly present the results of three empirical studies of political deliberation that can be interpreted to counter the findings of the studies in section I. Third, I show why this is a misinterpretation and that the study results from section I mean that it is implausible that sites of political deliberation would naturally emerge from the wide public sphere and coalesce into institutionalized forms of the practice such that deliberative democracy can satisfy its raison d’être. Finally, in section III, I conclude that viable conceptions of deliberative democracy should be limited to narrower aims. (shrink)

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)

The label ‘Frankfurt School’ became popular in the ‘positivism dispute’ in the mid-1960s, but this article shows that it is wrong to describe Jürgen Habermas as representing a ‘second generation’ of exponents of critical theory. His communication theory of society is intended not as a transformation of, but as an alternative to, the older tradition of thought represented by Adorno and Horkheimer. The novel and innovative character of Habermas’s approach is demonstrated in relation to three thematic complexes: (1) the public (...) sphere and language; (2) democracy and the constitutional state; and (3) system and lifeworld as categories for a theory of modernity. (shrink)

ABSTRACT:I here advance a critical research agenda for the political perspective of corporate social responsibility (Political CSR). I argue that whilst the ‘Political’ CSR literature is notable for both its conceptual novelty and practical importance, its development has been hamstrung by four ambiguities, conflations and/or oversights. More positively, I argue that ‘Political’ CSR should be conceived as one potentialformof globalization, and not as aconsequenceof ‘globalization’; that contemporary Western MNCs should be presumed to engage in CSR for instrumental reasons; that ‘Political’ (...) CSR should be associated with a corresponding ‘political’ model of corporate governance; and that both a ‘Rawlsian’ and ‘Habermasian’ perspective of Political CSR are different from ‘Political’ CSR. In concluding, I use these four critiques to identify a number of areas within which increasingly robust and sophisticated positive and normative theories of Political CSR are required. (shrink)

Recent scholarship has drawn on Koselleck’s methods of conceptual history and his diagnosis of ‘crisis’ in modernity to make sense of 21st-century developments in political, social and economic life and thought. This review essay looks at two texts that, in different ways, test Koselleck’s ideas in challenging and innovative ways. Lara’s use of conceptual history to shed light on the debates over secularization demonstrates how concepts become central to struggles over the definition of politics – definitions which thereafter disclose the (...) possibilities and set the agenda for future political action. Roitman continues Koselleck’s interest in the concept of crisis and shows how conceptual history can be used to sharpen our awareness of undisclosed content and theoretical blind spots. Both show how conceptual history serves as a ‘semantic check’ on political concepts, demanding greater reflexivity and the setting of realistic political goals. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

In this article I argue that Jürgen Habermas’ notion of morality (moral norms) has more in common with Hegel’s notion of ‘ethical life’ as a ‘ sittlich ’ relation – understood as a socially integrative force – rather than Kant’s supreme principle of personal morality. I show that Habermas and Hegel, each in his own way, make a distinction between morality and ethics. However, I make the case that Habermas’ conception of ‘morality’ incorporates aspects of Hegel’s notion of ‘ethical life’, (...) while Habermas’ conception of ‘ethical’ – referring to individual and group conceptions of the good life – is a remedy to the shortcomings in Hegel’s overly unified ethical life. I offer an alternative reading of Habermas’ principle of morality, which I suggest should be read as his attempt to provide a binding process to set up the norms that ought to condition a modern political community understood as a civil association. (shrink)

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian element is (...) required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

I elicit some of Foucault’s insights to provide a more realistic picture than is the norm in social and political theory of how best to identify and overcome domination. Foucault’s vision is realized best, I argue, by combining his account with two related conceptions of domination based on human needs and realistic accounts of politics that focus on agency, power and interests. I defend a genealogical, inter-subjective account of how the determination of needs and interests forms the basis of ascertaining, (...) on a continuum, the extent to which relations of power generate states of domination. To that end I propose institutional changes that would empower citizens in positive and negative ways: power over legislation in district assemblies and via veto and repeal; real control over representatives through various means; and decennial constitutional plebiscites. (shrink)

According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we (...) claim that public justification can underpin immigration as a human right. That said, the public justification of the right to immigration has several counterarguments to rebut. Before we deal with that issue, relying on Jürgen Habermas’s social theory, we examine the legal structures that could support the right to immigration in practice. To be sure, this does not provide the normative justification needed, instead it shows the framework that allows the institutional realization of this right. Then, through a combination of civic and cosmopolitan forms of solidarity, the article discusses the formation of a public sphere, which could provide the justification of the right to immigration. (shrink)

The main narratives of prevailing ideas of the Fourth Estate were articulated in the era of traditional mass media, and these traditional narratives are challenged by the changing media landscapes. This raises the question whether traditional narratives of the Fourth Estate should be maintained. We will argue – through a close reading of Derrida’s reflections on the relationship between communicative significance and silence, combined with a deliberative ideal for democracy – that the new structures of communication call for a Fourth (...) Estate that focuses on creating spaces for flexible structures of silence in the public sphere. The Fourth Estate has an obvious assignment of counteracting problematic structures of silence. In this article, we will, however, bring out assignments of creating spaces of silence in the public sphere: by silencing certain dominant voices, making room for an increased lack of answers and creating an awareness of the insufficiencies of the public spheres. (shrink)

For many deliberative theorists, the importance of a public exchange of reasons lies in its capacity to improve the quality of democratic decision making. The 1831-1832 debate over abolishing slavery in Virginia in the state’s House of Delegates raises the question of whether it can do so on its own. The bigotry of those opposing the abolition of Virginian slavery was matched only by the prejudice of those advocating for its end. This paper examines James Bohman’s sophisticated defense of deliberative (...) democracy but argues for the value of negative and disclosive experience. (shrink)

My aim in this article is to investigate the epistemic dimension of reasonableness. In the last decades, the concept of reasonableness has been deeply analysed, and yet, I maintain that a strictly epistemic analysis of reasonableness is still lacking. The goal of this article is to clarify which epistemic features characterize reasonableness as one of the fundamental virtues in the political domain. In order to justify political liberalism through a public justification that averts the risk of falling into a dilemma, (...) it is important to establish in advance which are the epistemic constraints that should be respected. My proposal is that a moderate approach in moral epistemology expresses the best scheme available to us – as moral agents constrained by the limit of our rationality – for establishing a normatively binding, and yet realistic, procedure of justification for political institutions and practices. (shrink)

This article shows how Jürgen Habermas and Claude Lefort try to explain the relationship between universality and particularity in modern democratic societies, politics and civil society. It will demonstrate that Habermas defends a substantive kind of universality that is opposed to particular positions and thus to real politics. This article further argues that Lefort’s lesser known theory of negative universality is better at combining a universal and a particular perspective. It claims that where Habermas requires citizens to transform their particular (...) interests, Lefort emphasizes that individual actors should acknowledge their particular position and interests when invoking universal principles. The article further argues that their disagreement leads to a different interpretation of ideology, politics, power, civil society, human rights, popular sovereignty, elections and the state. (shrink)

Jürgen Habermas assigns civil society groups ‘to bear a good portion of the normative expectations, especially the burden of a normatively expected democratic genesis of law’. This article looks at concrete attempts in the Philippine constitution to provide structures so that these groups can carry out the role Habermas envisages for them, and examines whether such attempts are sufficient to enable said groups to intervene in the political process as effectively as he expects of them.

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context (...) of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection. (shrink)

Based on a critical reading of Jürgen Habermas’s journalistic writings on the European Union, the article argues that Europe’s current crisis is also a crisis of its narratives, and hence a crisis of meaning. The German philosopher has revised his political vision of a united Europe but has done so without abandoning his neo-Kantian ‘soft revolutionism’. The EU of the future is not only envisaged as an alternative to the allegedly defunct European nation-state, but also as the antithesis to US-style (...) federalism and to what is called ‘post-democratic executive federalism’. What is more, Habermas no longer fully trusts in the power of the better argument, as championed in his critical social theory. Instead, his hope of normative progress towards a socially and politically more integrated Europe is founded on a belief in the power of the crisis itself – aided by a convincing pro-European narrative – to drive us in the same direction as that indicated by reason. The conclusion contrasts Habermas’s utopian Europeanism, which has failed to find favour with the wider European public, with a less utopian alternative inspired by the highly specific, non-universal situation of the Old Continent. (shrink)