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)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on a wide (...) variety of philosophical problems. (shrink)

This book brings together three main topics - deconstruction, philosophy of language, and literary theory - that have figured centrally in Christopher Norris's work over the past two decades. It offers a refreshingly clear and vigorous statement of his views as to how ‘theory' might profit from a greater awareness of current philosophical debates while philosophy might likewise gain by adopting a more open-minded attitude toward developments in literary theory. Most significant here is Norris's continuing exploration of the various points (...) of contact between Jacques Derrida's thought and the kinds of concern - especially with issues in philosophical semantics and speech-act theory - that have preoccupied thinkers in the ‘other', mainstream-analytic line of descent. However his focus is consistently on matters that should be of interest to philosophers and literary theorists alike. Thus Norris devotes some penetrating commentary to topics such as modal or ‘possible-worlds' logic as it bears upon issues in narrative theory; the ‘two cultures' controversy; the different ways in which literary theory has alternately embraced and rejected the appeal to ‘scientific' modes of analysis; and some possible reasons for Wittgenstein's well-known aversion to Shakespeare. He also suggests a novel approach to the free-will/determinism issue by way of debates about the nature of language and the scope it affords for expressive creativity despite - or owing to - the limits imposed by various structural constraints. Altogether this important new book provides a welcome overview of the author's current thinking and an equally welcome enlargement of horizons in contrast to the narrowly specialised character of much present-day academic discourse. (shrink)

Modernity's Consciousness of Time and Its Need for Self- Reassurance In his famous introduction to the collection of his studies on the sociology of ...

There is a popular and widely accepted version of the precautionary principle which may be expressed thus: “If you are in a hole—stop digging!”. Tom Baldwin, as Deputy Chair of the Human Fertilisation and Embryology Authority , may be excused for rushing to the defence of the indefensible,1 the HFEA’s sex selection report,2 but not surely for recklessly abandoning so prudent a principle. Baldwin has many complaints about my misrepresenting the HFEA and about my supposed elitist contempt for public opinion; (...) readers of this exchange will decide for themselves.REDRAFTING THE REPORTBaldwin begins with a piece of wishful thinking:"Harris objects that in this recommendation “an absurdly high standard of caution is employed”, since a theoretical risk is associated with almost all medical procedures. This objection is misplaced: as paragraph 142 of the report indicates, the phrase “theoretical risk” is to be understood here in the light of the earlier discussion of the risks arising from the fact that flow cytometry exposes sperm to laser energy, a procedure which is known to be liable to damage DNA."Paragraph 142 does not make that clear. It does indeed refer back to a set of earlier paragraphs but these give, if anything, an upbeat assessment of the safety of flow cytometry. Paragraph 121 states: “However whilst potentially less intrusive, and with potentially lower risk to the health of patients, flow cytometry …” .2 But even if the overall burden of the report does indicate unresolved fears, the standard is still absurdly high. However, so far from endorsing the report’s judgement that flow cytometry has “potentially lower risk to the health of patients”, Baldwin now regards the risk of flow cytometry as “serious”1:"Since the application of flow cytometry to humans is a new procedure, the risk of … ". (shrink)

Some authors have argued that the human use of reproductive cloning and genetic engineering should be prohibited because these biotechnologies would undermine the autonomy of the resulting child. In this paper, two versions of this view are discussed. According to the first version, the autonomy of cloned and genetically engineered people would be undermined because knowledge of the method by which these people have been conceived would make them unable to assume full responsibility for their actions. According to the second (...) version, these biotechnologies would undermine autonomy by violating these people’s right to an open future. There is no evidence to show that people conceived through cloning and genetic engineering would inevitably or even in general be unable to assume responsibility for their actions; there is also no evidence for the claim that cloning and genetic engineering would inevitably or even in general rob the child of the possibility to choose from a sufficiently large array of life plans. (shrink)