In this paper, I argue that so called “systematic critiques” of the liberal conception of law in Catherine MacKinnon and Critical Race Theory which have traditionally been seen to reject liberalism should really be understood as subjecting the liberal conception of law as impartial and just to an immanent critique. Critical Race Theory and MacKinnon both seek to unmask the seemingly neutral subject which authorizes law as in reality a hegemonic and oppressive subject. They also employ the tools of liberalism, (...) demanding justice and equal protection under the law. I argue that the apparent contradiction of their demands can be understood by seeing the subject itself as combining these contradictions at the level of the relation between the unconscious and consciousness. The ego strives for rational self‐organization while the unconscious contains sedimented socially transmitted prejudice. There is thus room within both for the struggle for freedom and justice espoused by liberalism at the conscious level as well as for the unconscious perpetuation of prejudice and domination. I conclude that MacKinnon’s work and that of CRT show that liberalism must not be abandoned as post‐structuralism does, but that liberals is in fact aided by its critics. (shrink)

The concept of recognition has been pivotal in critical theory in recent years. This paper discusses how two goals of a critical theory of recognition – to explain and to morally evaluate social change – are interrelated. In doing so, this paper draws the limits of the concept of struggles for recognition. It is argued that if a social movement can be deemed illegitimate, this movement can no longer be understood as struggling for recognition. This implies that the two goals (...) of a critical theory of recognition cannot be fulfilled simultaneously: a moral standard that distinguishes between legitimate and illegitimate social struggles cannot distinguish between different types of struggles for recognition, but only between struggles for recognition and other types of social struggles. Drawing the limits of the concept of struggles for recognition in this way helps to better distinguish between different types of social struggle and contributes to a more precise understanding of what struggles for recognition entail. (shrink)

Following the recent practice turn in privacy research, informational privacy is increasingly analyzed with regard to the “appropriate flow of information” within a given practice, which preserves the “contextual integrity” of that practice (Nissenbaum, 2010, p. 149; 2015). Such a practice-theoretical take on privacy emphasizes the normative structure of practices as well as its structural injustices and power asymmetries, rather than focusing on the intentions and moral considerations of individual or institutional actors. Since privacy norms are seen to be institutionalized (...) via the role obligations of the practice's participants, this approach can analyze structural and systematic privacy infringements in terms of “defective role performances and defective social relations” (Roessler & Mokrosinska, 2013, p. 780). -/- Unfortunately, it is still often somewhat unclear what this exactly means within the context of informational privacy, why these performances and relations are defective and for whom. This raises the common objection of a so-called “practice positivism” (Applbaum, 1999, p. 51), that is, the difficulty of practice–theoretical accounts to take a practice-independent standpoint, from which to normatively evaluate the existing practice norms themselves. For example, Nissenbaum herself initially argues for a “presumption in favor of the status quo” with respect to the appropriateness and flow of privacy norms within a practice (Nissenbaum, 2004, p. 127). Such a “practice conservatism” (Nissenbaum, 2010, p. 169) comes dangerously close to committing a naturalistic fallacy, if not undergirded by practice-external criteria (which is ultimately what she does). -/- Merely resorting to existing practice norms to assess what defective role performances amount to, only shifts the question from how to recognize an appropriate flow of information to the question of how to recognize those defective role performances and social relations. Against this backdrop, the central aim of this article is to shed light on this question without resorting to practice-independent first principles or far-reaching universalistic anthropological assumptions. For this, I will analyze the notion of “defective role performances and social relations” in terms of social pathologies.1 Doing so has two advantages: First of all, it can draw on already existing concepts and distinctions, which help to categorize the different levels of analysis that exist in informational privacy research and situate the notion of “defective role performances” within them (Section 1). Second, those concepts and distinctions can serve as a basis for establishing a typology of phenomena with regard to deficient practices of informational privacy (Section 4). (shrink)

ABSTRACT Based on Honneth's distinction of recognition in love, respect and social esteem, the social suffering of refugees is criticized in this contribution as an experience of disrespect. In the first part, I will address the fact that moral claims to recognition have a temporal dimension. Then I will ask what role the duration of their flight, the waiting in camps and until admission play for the social suffering of refugees. I will highlight the particular vulnerability of refugees during this (...) time and distinguish different forms of disrespect - with regard to love, social esteem, and respect and rights - faced by them. In the final section, I pose the question which individuals and institutions are responsible for enabling conditions of recognition for refugees. (shrink)

ABSTRACT This article contributes to methodological debates in contemporary critical theory regarding the scope and features of immanent critique. I spell out the philosophical commitments presupposed by this approach to criticism and identify its basic features by comparing it with more recognizable argumentative or interpretative strategies. This comparison yields three immanent-critical requirements – for inherence, contradiction, and access – which bring into relief the heuristic and ampliative character of immanent criticism. Yet, these requirements also imply that “immanent critique” is not (...) a method in any strict sense, since they are multiply interpretable and hence generative of distinctive critical comportments. (shrink)

This paper advances a novel take on Chantal Mouffe’s appropriation of the late Wittgenstein, arguing that Wittgenstein’s philosophy, at the same time, gives rise to and offers a solution to the relativism problem as it can be found in Mouffe’s radical political thought. Unlike other vindications of Wittgenstein-inspired political thought, I also show at which point Wittgenstein’s support for such an approach comes to an end. I thus acknowledge that the relativism problem – at least to some extent – stems (...) from the ambiguity of Wittgensteinian thought itself. After having outlined these challenges, I suggest turning to alternative approaches from the field of critical social philosophy. In particular, Rahel Jaeggi’s Frankfurt School account of forms of life highlights what such a non-relativist but still context-sensitive approach may look like. By virtue of this last step, this paper contributes to recent engagements by Critical Theorists with the late Wittgenstein. (shrink)

Critical social theory is a late product of the Enlightenment, though pushed beyond its original intentions. It then developed mainly with Marxism, but since the beginning other strands have been important, such as anarchism, feminism, anti-colonialism, anti-racism and environmentalism. The immanent critique of modernity must be seen indeed as ecumenical. In its plurality, it must have however at its core the realisation of equal freedom and full solidarity that remains an unfulfilled promise and offers a criterion of demarcation for critical (...) theory. The diagnosis of the times for critical approaches also depended on identifying long-term developments, especially within Marxism, but this seems to have been almost entirely forgotten. I will argue that it is both possible and necessary to resume this strategy. Finally, I ask how we connect these conceptual issues to praxis. The article concludes with a more substantive discussion of political modernity. (shrink)

This article offers a critical theoretical exploration of the transformation of academic life that is currently taking place under the sign of ‘neoliberalization’. The main aim is to differentiate appropriation from exploitation as strategies of surplus labour dispossession, to identify the growth of appropriative techniques in academic life, and to situate the proliferation of such techniques in the broader transformations of global political economy. Alloyed with poststructuralist social theory, the historical materialist thrust of the article demonstrates how, in the technologically (...) articulate ‘social factory’ of advanced capitalism, the spatial operations of these techniques of dispossession have a particularly ‘aesthetic’ character that is immanent to their appropriative operation, and which renders their workings both more discreet and effective. The article aims: (1) to problematize the neoliberal concepts of efficiency, transparency, and autonomy, in terms of practical outcomes; (2) to stimulate reflexive consideration of the ‘positioning’ of academics themselves in the reproduction of these techniques; and (3) to ask how these techniques might generate new ‘historical subjects’ of struggle and organization in academic life. (shrink)