In this article I challenge two arguments central to Hugh Baxter's critical interpretation of Habermas in his recent book, Habermas: The Discourse Theory of Law and Democracy (2011). Both arguments focus on whether Habermas’ system -lifeworld model of society can successfully make space for democratic politics. Baxter highlights problems with both Habermas’ The Theory of Communicative Action [hereafter cited as TCA] and Habermas’ attempts to fix those problems in Between Facts and Norms [hereafter cited as BFN]. Thus, engaging Baxter on (...) these issues provides an opportunity to think about how to read two of Habermas’ most significant texts in relation to each other. Baxter stresses discontinuities but I draw attention to important continuities. The first discontinuity highlighted by Baxter is between TCA's functionalism and BFN's normative approach. By contrast, in section I my article stresses elements of TCA that have been under-appreciated in general and by Baxter in particular, challenging us to rethink aspects of the standard reading of functionalist versus normative moments in the trajectory of Habermas’ thought. More specifically, in the second discontinuity Baxter identifies in BFN a significant shift in Habermas’ understanding of the nature of a ‘system’. I challenge this interpretation in section II and provide what I think is a superior reconstruction of the model presented in BFN. (shrink)

This article critically examines Jürgen Habermas’s theory of democracy as developed in Between Facts and Norms. In particular, it focuses on the concept of communicative power and argues that there is a crucial ambiguity in Habermas’s use of this concept. Since communicative power is the key normative resource that is supposed to counter the norm-free steering media of money and administrative power, its role within the theory must be made clear. The article begins by explaining the normative and social-theoretic foundations (...) of the theory. Then it highlights the normative importance of the public sphere in Habermas’s two-track model of deliberative politics, before turning to the problems with the concept of communicative power. Two alternative readings of its role are provided in order to demonstrate how it needs to be further clarified. (shrink)

In this original and provocative account of the evolutionary origins of human communication, Michael Tomasello connects the fundamentally cooperative structure of human communication (initially discovered by Paul Grice) to the especially ...

The maze and the masses -- Democracy as the rule of the dumb many? -- A selective genealogy of the epistemic argument for democracy -- First mechanism of democratic reason: inclusive deliberation -- Epistemic failures of deliberation -- Second mechanism of democratic reason: majority rule.

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 ...

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

Mimesis is one of the oldest, most fundamental concepts in Western aesthetics. This book offers a new, searching treatment of its long history at the center of theories of representational art: above all, in the highly influential writings of Plato and Aristotle, but also in later Greco-Roman philosophy and criticism, and subsequently in many areas of aesthetic controversy from the Renaissance to the twentieth century. Combining classical scholarship, philosophical analysis, and the history of ideas--and ranging across discussion of poetry, painting, (...) and music--Stephen Halliwell shows with a wealth of detail how mimesis, at all stages of its evolution, has been a more complex, variable concept than its conventional translation of "imitation" can now convey. Far from providing a static model of artistic representation, mimesis has generated many different models of art, encompassing a spectrum of positions from realism to idealism. Under the influence of Platonist and Aristotelian paradigms, mimesis has been a crux of debate between proponents of what Halliwell calls "world-reflecting" and "world-simulating" theories of representation in both the visual and musico-poetic arts. This debate is about not only the fraught relationship between art and reality but also the psychology and ethics of how we experience and are affected by mimetic art. Moving expertly between ancient and modern traditions, Halliwell contends that the history of mimesis hinges on problems that continue to be of urgent concern for contemporary aesthetics. (shrink)

Rancière’s reception among political theorists connects to what some have called an “aesthetic turn” in the study of politics. One feature of this turn is a critique of the emphasis on reason found in Rawls- and Habermas-inspired political thought. At least on the standard readings of them, Rawls and Habermas conceive of politics as a process of adjudicating competing interests and validity claims. Political theory then becomes an effort to determine the principles that should guide this adjudication and how they (...) might be institutionalized. For theorists of the aesthetic turn, however, such an approach to politics overlooks fundamental issues, specifically about what is sensed and how... (shrink)

Habermas's paradigm of communicative action is usually taken to be pretty much dominated by consensus, "Yes-saying." What if this were a radically one-sided perception? We take up this unorthodox position by arguing that "no-saying" in this paradigm is typically overlooked and underemphasized. To demonstrate this, we consider how negativity is figured at the most basic onto-ethical level in communicative action, as well as expressed in civil disobedience, a phenomenon to which Habermas assigns the remarkable role of "touchstone" (Prufstein) of constitutional (...) democracy. Once the importance of no-saying is drawn out, the paradigm looks distinctly less hostile to dissensus and agonism in democratic life. (shrink)

"Is there any such thing as political philosophy?" So begins this provocative book by one of the foremost figures in Continental thought. Here, Jacques Ranciere brings a new and highly useful set of terms to the vexed debate about political effectiveness in the face of a new world order. What precisely is at stake in the relationship between "philosophy" and the adjective "political"? In Disagreement, Ranciere explores the apparent contradiction between these terms and reveals the uneasy meaning of their union (...) in the phrase "political philosophy" -- a juncture related to age-old attempts in philosophy to answer Plato's devaluing of politics as a "democratic egalitarian" process. According to Ranciere, the phrase also expresses the paradox of politics itself: the absence of a proper foundation. Politics, he argues, begins when the "demos" (the "excessive" or unrepresented part of society) seeks to disrupt the order of domination and distribution of goods "naturalized" by police and legal institutions. In addition, the notion of "equality" operates as a game of contestation that constantly substitutes litigation for political action and community. This game, Ranciere maintains, operates by a primary logic of "misunderstanding". In turn, political philosophy has always tried to substitute the "politics of truth" for the politics of appearances. Disagreement investigates the various transformations of this regime of "truth" and their effects on practical politics. Ranciere then distinguishes what we mean by "democracy" from the practices of a consensual system in order to unravel the ramifications of the fashionable phrase "the end of politics". His conclusions will be of interest toreaders concerned with political questions from the broadest to the most specific and local. (shrink)

Discusses the nature of thought and volition, examines past philosophical theories, and clarifies the relation between will and freedom.

Hugh Baxter’s book Habermas: A Discourse Theory of Law and Democracy not only carefully recounts Habermas’ political and legal theory, but also raises several insightful criticisms of Habermas. Of particular note is Baxter’s criticism of Habermas’ system–lifeworld model originally presented in Theory of Communicative Action. Baxter argues that Habermas ought to discard the concept of the lifeworld because the distinction between lifeworld and system is no longer tenable in the model of political power presented in Habermas’ later work, Between Facts (...) and Norms, which focuses more explicitly on law as a social system. Baxter contends that the lifeworld, which Habermas describes as those parts of our lives that are structured by communicative action and shared norms, is an unhelpful way of understanding our social world because, in reality, most of our interactions are structured both by communicative norms and by the strategic action typical of ‘the system’. I argue, however, that Habermas must retain the theoretical distinction between system and lifeworld, though in everyday practice they are not so neatly disentangled, because without such an element there would be no source of legitimacy for the law. Without a connection to the communicative action of the lifeworld, law and the political structure would be nothing but strategic action. (shrink)

The tension between reason and power has a long and illustrious history in political theory. In his magnum opus of legal and political theory, "Between Facts and Norms," Jürgen Habermas presents his most complex, sophisticated, and ambitious attempt to confront this tension. My thesis in this article is that though Habermas’s political theory thematizes the tension between reason and power in a way that is initially quite promising, he ultimately forecloses that tension in the direction of a rationality that has (...) been conceptually and methodologically purified of the strategic power relations that pervade social reality. His attempt to insulate his Arendtian notion of communicative power (which he conceptualizes in BFN as a force of legitimation) from strategic power is not only unattainable in practice, I argue, but conceptually incoherent. This should compel him not to abandon his normative theoretical and political agenda, I suggest, but to defend it in a more contextualist way than he has been willing to do up until now. (shrink)

Sophocles' Antigone is a touchstone in democratic, feminist and legal theory, and possibly the most commented upon play in the history of philosophy and political theory. Bonnie Honig's rereading of it therefore involves intervening in a host of literatures and unsettling many of their governing assumptions. Exploring the power of Antigone in a variety of political, cultural, and theoretical settings, Honig identifies the 'Antigone-effect' - which moves those who enlist Antigone for their politics from activism into lamentation. She argues that (...) Antigone's own lamentations can be seen not just as signs of dissidence but rather as markers of a rival world view with its own sovereignty and vitality. Honig argues that the play does not offer simply a model for resistance politics or 'equal dignity in death', but a more positive politics of counter-sovereignty and solidarity which emphasizes equality in life. (shrink)

Critics of Hannah Arendt's Lectures on Kant's Political Philosophy argue that Arendt fails to address the most important problem of political judgment, namely, validity. This essay shows that Arendt does indeed have an answer to the problem that preoccupies her critics, with one important caveat: she does not think that validity is the all-important problem of political judgment--the affirmation of human freedom is.

In this important new study, Pieter Duvenage shows that Habermas’s work on aesthetics, far from being marginal to his core concerns, is central to understanding and evaluating Habermas's entire theoretical enterprise. This important new study shows that Habermas's work on aesthetics is central to understanding and evaluating his entire theoretical enterprise. Duvenage demonstrates that, in the first phase of his intellectual career, Habermas emphasizes the communicative and societal relevance of art; in the second phase, the idea of a communicative aesthetics (...) is worked out in terms of a theory of rationality. Reveals that Habermas’s later work offers a third, albeit undeveloped, alternative that suggests a convergence of the two. Offers a critical perspective on the role of aesthetics in Habermas's work and proposes possible alternatives. (shrink)

In his magnum opus, Theorie des kommunikativen Handelns, the distinguished philosopher Jurgen Habermas presented his ideas as a whole, providing the first major defense of his philosophy. David Ingram here summarizes the themes of Habermas's masterwork, placing them in the context of the philosopher's other work, relating them to poststructuralism, hermeneutics, and Neo-Aristotelianism, and surveying what other critics have said about Habermas. "Ingram's exposition of Habermas is impressive for its erudition and its faithful adherence to the major contours of Habermas's (...) work."—James Farganis, _Contemporary Sociology_ "A valuable contribution to the understanding of an important, but difficult, thinker."—_Ethics_ "The book is indispensable to an understanding of both Habermas and the contemporary human condition."—Scott Warren, _Social Science Quarterly _ "Ingram has done sociologists, philosophers, and political scientists a great service by demystifying Habermas's more recent theory of communicative action."—R. George Kirkpatrick, _American Journal of Sociology_ "Likely to be and to remain the leading study on Habermas's Theory of Communicative Action. What McCarthy did for Habermas's earlier writings, Ingram accomplishes for his more recent work."—Fred R. Dallmayr, University of Notre Dame. (shrink)

In Between Facts and Norms Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action, 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)

Though doubtless two of the leading philosophers in ethics today, Habermas and Levinas have yet to be subjected to sys tematic comparison. This essay undertakes a first step. Differences of terminology aside, Habermas and Levinas can be seen to pursue, via separate routes, a similar core idea. I term this the idea of immanent normativity. While Habermas locates an unchosen normative pull in the medium of interpersonal communication, Levinas locates an unconditional ethical command in the Other as face. Hence they (...) unite in strongly opposing social contract theory's notion of moral ity as optional and of responsibility as conditional upon self-interest. Key Words: contractualism • Habermas • Levinas • vulnerability. (shrink)

Prologue : narratocracy and the contours of political life -- From nomos to nomad : Kant, Deleuze, and Rancière on sensation -- The piazza, the edicola, and the noise of the utterance -- Machiavelli's theory of sensation and Florence's vita festiva -- The viewing subject : Caravaggio, Bacon, and the ring -- "You're eating too fast!" slow food's ethos of convivium -- Epilogue : "the photographs tell it all" : on an ethics of appearance.

In _The Gift of Death_, Jacques Derrida's most sustained consideration of religion to date, he continues to explore questions introduced in _Given Time_ about the limits of the rational and responsible that one reaches in granting or accepting death, whether by sacrifice, murder, execution, or suicide. Derrida analyzes Patocka's _Heretical Essays on the History of Philosophy_ and develops and compares his ideas to the works of Heidegger, Levinas, and Kierkegaard. A major work, _The Gift of Death_ resonates with much of (...) Derrida's earlier writing and will be of interest to scholars in anthropology, philosophy, and literary criticism, along with scholars of ethics and religion. "_The Gift of Death_ is Derrida's long-awaited deconstruction of the foundations of the project of a philosophical ethics, and it will long be regarded as one of the most significant of his many writings."—_Choice_ "An important contribution to the critical study of ethics that commends itself to philosophers, social scientists, scholars of relgion... [and those] made curious by the controversy that so often attends Derrida."—_Booklist _ "Derrida stares death in the face in this dense but rewarding inquiry.... Provocative."—_Publishers Weekly_. (shrink)

Basic concepts in Habermas's theory of communicative action -- Habermas's "reconstruction" of modern law -- Discourse theory and the theory and practice of adjudication -- System, lifeworld, and Habermas's "communication theory of society" -- After between facts and norms : religion in the public square, multiculturalism, and the "postnational constellation".