Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making the scale of (...) justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the (...) European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership. (shrink)

How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of a (...) mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription, and freedom of exit and association. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

This volume brings together a group of distinguished thinkers who rearticulate and reconsider the foundations of democratic theory and practice in the light of the politics of identity/difference.

According to Jürgen Habermas, his Theory of Communicative Action offers a new account of the normative foundations of critical theory. Habermas’ motivating insight is that neither a transcendental nor a metaphysical solution to the problem of normativity, nor a merely hermeneutic reconstruction of historically given norms, is sufficient to clarify the normative foundations of critical theory. In response to this insight, Habermas develops a novel account of normativity, which locates the normative demands of critical theory within the socially instituted practice (...) of communicative understanding. Although Habermas has claimed otherwise, this new foundation for critical theory constitutes a novel and innovative form of “immanent critique.” To argue for and to clarify this claim, I offer, in section 1, a formal account of immanent critique and distinguish between two different ways of carrying out such a critique. (shrink)

Displaying an impressive command of complex materials, Seyla Benhabib reconstructs the history of theories from a systematic point of view and examines the origins and transformations of the concept of critique from the works of Hegel to Habermas. Through investigating the model of the philosophy of the subject, she pursues the question of how Hegel´s critiques might be useful for reforumulating the foundations of critical social theory.

Are democratic states permitted to denationalize citizens, in particular those whom they believe pose dangers to the physical safety of others? In this article, I argue that they are not. The power to denationalize citizens—that is, to revoke citizenship—is one that many states have historically claimed for themselves, but which has largely been in disuse in the last several decades. Recent terrorist events have, however, prompted scholars and political actors to reconsider the role that denationalization can and perhaps should play (...) in democratic states, in particular with respect to its role in protecting national security and in supporting the global fight against terror more generally. In this article, my objective is to show that denationalization laws have no place in democratic states. To understand why, I propose examining the foundations of the right of citizenship, which lie, I shall argue, in the very strong interests that individuals have in security of residence. I use this formulation of the right to respond to two broad clusters of arguments: (1) those that claim that it is justifiable to denationalize citizens who threaten to undermine the safety of citizens in a democratic state or the ability of a democratic state to function as a democratic state, and (2) those that claim that it is justifiable to denationalize dual citizens because they possess citizenship status in a second country that is also able to protect their rights. (shrink)

For many liberals, the question "Do others live rightly?" feels inappropriate. Liberalism seems to demand a follow-up question: "Who am I to judge?" Peaceful coexistence, in this view, is predicated on restraint from morally evaluating our peers. But Rahel Jaeggi sees the situation differently. Criticizing is not only valid but also useful, she argues. Moral judgment is no error; the error lies in how we go about judging. One way to judge is external, based on universal standards derived from ideas (...) about God or human nature. The other is internal, relying on standards peculiar to a given society. Both approaches have serious flaws and detractors. In On the Critique of Forms of Life, Jaeggi offers a third way, which she calls "immanent" critique. Inspired by Hegelian social philosophy and engaged with Anglo-American theorists such as John Dewey, Michael Walzer, and Alasdair MacIntyre, immanent critique begins with the recognition that ways of life are inherently normative because they assert their own goodness and rightness. They also have a consistent purpose: to solve basic social problems and advance social goods, most of which are common across cultures. Jaeggi argues that we can judge the validity of a society's moral claims by evaluating how well the society adapts to crisis--whether it is able to overcome contradictions that arise from within and continue to fulfill its purpose. Jaeggi enlivens her ideas through concrete, contemporary examples. Against both relativistic and absolutist accounts, she shows that rational social critique is possible.--. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 3 Seiten: 456-469.

While post- and decolonial theorists have thoroughly debunked the idea of historical progress as a Eurocentric, imperialist, and neocolonialist fallacy, many of the most prominent contemporary thinkers associated with the Frankfurt School--Jürgen Habermas, Axel Honneth, and Rainer Forst--have persistently defended ideas of progress, development, and modernity and have even made such ideas central to their normative claims. Can the Frankfurt School's goal of radical social change survive this critique? And what would a decolonized critical theory look like? Amy Allen fractures (...) critical theory from within by dispensing with its progressive reading of history while retaining its notion of progress as a political imperative, so eloquently defended by Adorno. Critical theory, according to Allen, is the best resouce we have for achieving emancipatory social goals. In reimagining a decolonized critical theory after the end of progress, she rescues it from oblivion and gives it a future. (shrink)

This book of tightly woven dialogues engages prominent thinkers in a discussion about the role of culture-broadly construed-in contemporary society and politics. Faced with the conceptual inflation of the notion of 'culture,' which now imposes itself as an indispensable issue in contemporary moral and political debates, these dynamic exchanges seek to rethink culture and critique beyond the schematic models that have often predominated, such as the opposition between "mainstream multiculturalism" and the "clash of civilizations." Prefaced by an introduction relating current (...) cultural debates to the critical theory tradition, this book examines the politics of culture and the spirit of critique from three different vantage points. To begin, Gabriel Rockhill and Alfredo Gomez-Muller provide a stage-setting dialogue, followed by discussions with two major representatives of contemporary critical theory: Seyla Benhabib and Nancy Fraser. Working at the horizons of this tradition, Judith Butler, Immanuel Wallerstein, and Cornel West then provide important critical perspectives on cultural politics. The book's concluding section engages with Michael Sandel and Will Kymlicka, who work out of the Rawlsian tradition yet are uniquely concerned with the issue of culture, broadly understood. The epilogue, an interview with Axel Honneth, returns to the core issue of critical theory in cultural politics. Ranging from recent developments and progressive interventions in critical theory to dialogues that incorporate its insights into larger discussions of social and political philosophy, this book sharpens old critical tools while developing new strategies for rethinking the role of 'culture' in contemporary society. (shrink)

In my book, The Rights of Others, I developed a discourse-theoretic approach to questions of political membership in liberal democracies, which include practices of citizenship, as well as of immigration, refuge and asylum. This article revisits five issues in response to various criticisms. How can we justify democratic exclusions? Is there a `right to membership' and how can it be reconciled with the different practices of various constitutional democracies? Is there a distinction between normatively acceptable and normatively problematic restrictions on (...) political membership? Does the concept of `democratic iterations' describe normative or empirical processes? How plausible is the binarism of the national and the global? I argue that democratic exclusions can be justified by not discriminating against would-be citizens and immigrants on the basis of ascriptive criteria. Ascriptive characteristics, like one's sex and skin colour, are not the product of one's voluntary doings. Democratic iterations are empirical processes which can be judged in the light of normative criteria deriving from discourse theory. Furthermore, while the binarism of national and global is problematical, alternative configurations of political membership at the present are not more defensible. (shrink)

This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at (...) how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism.Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency. (shrink)

The end of the Cold War revitalised continental philosophy and, more particularly, interest in it from outside philosophy. "After Poststructuralism: Transitions and Transformations" analyses the main developments in continental philosophy between 1980-1995, a time of great upheaval and profound social change. The volume ranges across the birth of postmodernism, the differing traditions of France, Germany and Italy, third generation critical theory, radical democracy, postcolonial philosophy, the turn to ethics, feminist philosophies, the increasing engagement with religion, and the rise of performativity (...) and post-analytic philosophy. Analyses of the major figures are integrated within the discussion. After Poststructuralism reveals how continental philosophy - fuelled by an intense ethical and political desire to reflect changing social and political conditions - responded to the changing world and to the key issues of the time, notably globalisation, technology and ethnicity. (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)

Critical social theories look critically at the ways in which particular social arrangements hinder human flourishing, with a view to bringing about social change for the better. In this they are guided by the idea of a good society in which the identified social impediments to human flourishing would once and for all have been removed. The question of how these guiding ideas of the good life can be justified as valid across socio-cultural contexts and historical epochs is the most (...) fundamental difficulty facing critical social theories today. This problem of justification, which can be traced back to certain key shifts in the modern Western social imaginary, calls on contemporary theories to negotiate the tensions between the idea of context-transcendent validity and their own anti-authoritarian impulses. Habermas makes an important contribution towards resolving the problem, but takes a number of wrong turnings. (shrink)

Lukács hat einst provokativ auf seine Frage „Was ist der orthodoxe Marxismus“ geantwortet, dass er in einer bestimmten Methode bestehe. Was aber wenn wir heute fragen, worin orthodoxe kritische Theorie besteht? Meine Antwort ist hierbei nicht eine bestimmte Methode, aber dafür nicht weniger provokant. Was die kritische Theorie kritisch macht ist auch nicht – trotz der vorherrschenden Meinung – ein Begründungsprogram. Im Gegenteil, nur ohne ein Begründungsprogram ist kritische Theorie angemessen kritisch. Ich umreiße meine Antwort mit Rückgriff auf Horkheimers Schriften (...) der ’30er Jahre. Das vorgebrachte Verständnis der kritischen Theorie ist orthodox auch in einem weiteren Sinn: darin, dass es ein bestimmtes Interesse – das Interesse an der Abschaffung von Unrecht, Elend, und Unfreiheit – als konstitutiv für kritische Theorie erachtet, und somit, obwohl nicht religiös, doch etwas mit Strenggläubigkeit zu tun hat. Dieser Ansatz wird zum Schluss skizzenhaft auf die Idee der Sozialpathologie angewendet. (shrink)

The question of what role social and political practices should play in the justification of normative principles has received renewed attention in post-millennium political philosophy. Several current debates express dissatisfaction with the methodology adopted in mainstream political theory, taking the form of a criticism of so-called ‘ideal theory’ from ‘non-ideal’ theory, of ‘practice-independent’ theory from ‘practice-dependent’ theory, and of ‘political moralism’ from ‘political realism’. While the problem of action-guidance lies at the heart of these concerns, the critics also share a (...) number of methodological assumptions. Above all, their methodology is practice-dependent in the sense that an existing practice is assumed to put substantial limitations on the appropriate normative principles for regulating it. In other words, we cannot formulate and justify an appropriate principle without first understanding the practice this principle is supposed to govern. The aim of this paper is to map out and analyze the common denominators of these debates with regard to methodological commitments. We will investigate how this practice-dependent method may be understood and motivated. In particular, we point to challenges that must be met in order for the position to remain both distinct and attractive. (shrink)

This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at (...) how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism.Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency. (shrink)

Over a career spanning nearly seven decades, Jürgen Habermas - one of the most important European philosophers of the twentieth and twenty-first centuries - has produced a prodigious and influential body of work. In this Lexicon, authored by an international team of scholars, over 200 entries define and explain the key concepts, categories, philosophemes, themes, debates, and names associated with the entire constellation of Habermas's thought. The entries explore the historical, philosophical and social-theoretic roots of these terms and concepts, as (...) well as their intellectual and disciplinary contexts, to build a broad but detailed picture of the development and trajectory of Habermas as a thinker. The volume will be an invaluable resource for students and scholars of Habermas, as well as for other readers in political philosophy, political science, sociology, international relations, cultural studies, and law. (shrink)

In the quest for a workable ideal of democracy, the systems approach has recently shifted its perspective on deliberative democratic theory. Instead of enquiring how institutionalized decision-making might mirror an ‘ideal deliberative procedure’, it asks how democracy might be construed as a ‘deliberative system’. This leads it to recommend de-emphasizing the role of parliament and focusing instead on non-institutionalized actors and communications. Though this increased emphasis is undoubtedly warranted, the importance of parliament must not be downplayed. In the debate about (...) transnational democracy – and about EU democratization in particular – it is widely held that making democracy safe for transnational politics entails finding new, non-parliamentary ways of organizing it. Here, the deliberative systems perspective may be misunderstood as offering an alternative, non-parliamentary route to transnational democracy. This article argues that a deliberative system without a parliamentary legislature is tantamount to deliberation without democracy and that an elected parliamentary legislature is constitutive of democracy as a deliberative system – national or transnational. To substantiate this claim, the article suggests looking at Habermas’ discourse theory in a new light, as a sociological-reconstructive approach that aims to explicate the cognitive dimension of modern democratic decision-making. Acknowledgement of discourse theory’s sociological intent enhances our understanding of democracy as a deliberative system in two important ways. First, it helps elucidate the epistemic meaning of democracy differently from the accounts given in alternative theories. Discourse theory holds that what generates democratic legitimacy in modern democracies is a particular epistemic quality which the democratic process lends to decisions by enabling citizens to view the latter as valid outcomes of a cooperative practice of collective problem-solving among equals. From this pragmatist understanding it follows, second, that the presence of a parliamentary legislature is crucial to the establishment and operation of democracy as a deliberative system. (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)

Today democracy is both exalted as the "best means to realize human rights" and seen as weakened because of globalization and delegation of authority beyond the nation-state. In this provocative book, James Bohman argues that democracies face a period of renewal and transformation and that democracy itself needs redefinition according to a new transnational ideal. Democracy, he writes, should be rethought in the plural; it should no longer be understood as rule by the people, singular, with a specific territorial identification (...) and connotation, but as rule by peoples, across national boundaries. Bohman shows that this new conception of transnational democracy requires reexamination of such fundamental ideas as the people, the public, citizenship, human rights, and federalism, and he argues that it offers a feasible approach to realizing democracy in a globalized world.In his account, Bohman establishes the conceptual foundations of transnational democracy by examining in detail current theories of democracy beyond the nation-state and offers a deliberative alternative. He considers the importance of communicative freedom in the transnational public sphere, human rights as the normative basis of transnational democracy, and the European Union as a transnational polity. Finally, he examines the relationship between peace and democracy, concluding that peace requires democratization on interacting state and suprastate levels. (shrink)

This essay examines the work of Nancy Fraser and Seyla Benhabib, two philosophers who have demonstrated that feminist theorists can usefully draw upon both postmodernism and the critical theory tradition, with which Fraser and Benhabib are more clearly associated. I argue that each theorist claims the universal ideals and normative judgements of modernism, and the contextualism, particularity, and skepticism of postmodernism. I do this by revisiting each of their positions in the now well-known Feminist Contentions exchange, by examining the diverse (...) ways in which they reconcile universalism and difference, and by exploring each theorist's critique of the Habermasian public sphere. (shrink)

This unique volume presents a debate between four of the top feminist theorists in the US today, discussing the key questions facing contemporary feminist theory, responding to each other, and distinguishing their views from others.