Theories of assertion must explain how silencing is possible. This chapter defends an account of assertion in terms of normative commitments on the grounds that it provides the most plausible analysis of how individuals might be silenced when attempting to make assertions. The chapter first offers an account of the nature of silencing and defends the view that it can occur even in contexts where speakers’ communicative intentions are understood by their audience. Second, it outlines some of the normative commitments (...) characteristic of assertion when used in the speech act of telling;. This commitment view of assertion is then used to explain silencing as a matter of being deprived of the ability to make some of the commitments one is trying to acquire. Finally, the main rivals of the commitment view of assertion endorsed here are shown to be unable to account for silencing, at least when they are considered in their purest form. (shrink)

One of the most influential views in privacy scholarship is that privacy protects individual autonomy. On the early liberal view, the exercise of autonomy requires detachment from social and political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible for the underrating of privacy in legal and political practice. Over the last decades, liberal reflection on autonomy has shifted (...) from the early liberal understanding of autonomy as calling for detachment from social life to the idea of autonomy as socially embedded. This development has brought about a corresponding adjustment in the liberal concept of privacy: privacy has come to be seen as a social rather than merely an individual interest. The social turn in thinking about privacy has gone a long way to change the problematic image of privacy in legal and political practice. It has not gone far enough, however, to draw conclusions regarding the political relevance of privacy. I argue that we should understand autonomy as politically embedded. Revised along these lines, privacy has a political value: when we claim privacy, we do not make a claim to withdraw from political life, but rather make a claim to protect certain forms of political engagement. (shrink)

In 2016, the European Parliament approved the General Data Protection Regulation (GDPR) whose core aim is the safeguarding of information privacy, and, by corollary, human dignity. Drawing on the field of philosophical anthropology, this paper analyses various interpretations of human dignity and human exceptionalism. It concludes that privacy is essential for humans to flourish and enable individuals to build a sense of self and the world.

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

Everyone knows that something has gone wrong, in the United States, with the conventions of privacy. Along with a vastly increased tolerance for variation in sexual life we have seen a sharp increase in prurient and censorious attention to the sexual lives of public figures and famous persons, past and present. The culture seems to be growing more tolerant and more intolerant at the same time, though perhaps different parts of it are involved in the two movements.

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)

Here, for the first time in English, is volume one of Jurgen Habermas's long-awaited magnum opus: The Theory of Communicative Action. This pathbreaking work is guided by three interrelated concerns: to develop a concept of communicative rationality that is no longer tied to the subjective and individualistic premises of modern social and political theory; to construct a two-level concept of society that integrates the 'lifeworld' and 'system' paradigms; and to sketch out a critical theory of modernity that explains its sociopathologies (...) in a new way. Habermas approaches these tasks through a combination of conceptual analyses, systematic reflections, and critical reconstructions of such predecessors as Marx and Weber, Durkheim and Mead, Horkheimer and Adorno, Schutz and Parsons. Reason and the Rationalization of Society develops a sociological theory of action that stresses not its means-ends or teleological aspect, but the need to coordinate action socially via communication. In the introductory chapter Habermas sets out a powerful series of arguments on such foundational issues as cultural and historical relativism, the methodology of Verstehen, the inseparabilty of interpretation from critique. In addition to clarifying the normative foundations of critical social inquiry, this sets the stage for a systematic appropriation of Weber's theory of rationalization and its Marxist reception by Lukacs, Horkheimer and Adorno. This is an important book for degree students of philosophy, sociology and related subjects. (shrink)

This major work retraces the emergence and development of the Bourgeois public sphere - that is, a sphere which was distinct from the state and in which citizens could discuss issues of general interest. In analysing the historical transformations of this sphere, Habermas recovers a concept which is of crucial significance for current debates in social and political theory. Habermas focuses on the liberal notion of the bourgeois public sphere as it emerged in Europe in the early modern period. He (...) examines both the writings of political theorists, including Marx, Mill and de Tocqueville, and the specific institutions and social forms in which the public sphere was realized. This brilliant and influential work has been widely recognized for many years as a classic of contemporary social and political thought, of interest to students and scholars throughout the social sciences and humanities. (shrink)

This new book by Beate Rossler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rossler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rossler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead an autonomous life. The (...) book develops a theory of freedom and autonomy which sees the ability to pose the "practical question" of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject. (shrink)

I explore how gender can shape the pragmatics of speech. In some circumstances, when a woman deploys standard discursive conventions in order to produce a speech act with a specific performative force, her utterance can turn out, in virtue of its uptake, to have a quite different force—a less empowering force—than it would have if performed by a man. When members of a disadvantaged group face a systematic inability to produce a specific kind of speech act that they are entitled (...) to perform—and in particular when their attempts result in their actually producing a different kind of speech act that further compromises their social position and agency—then they are victims of what I call discursive injustice. I examine three examples of discursive injustice. I contrast my account with Langton and Hornsby's account of illocutionary silencing. I argue that lack of complete control over the performative force of our speech acts is universal, and not a special marker of social disadvantage. However, women and other relatively disempowered speakers are sometimes subject to a distinctive distortion of the path from speaking to uptake, which undercuts their social agency in ways that track and enhance existing social disadvantages. (shrink)

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, sexuality, and personal information. Yet, privacy skeptics argue that there is no such thing as a right to privacy. I argue that we cannot abandon the concept of privacy. If we wish to avoid extending this elusive concept to cover too much of our lives or shrinking it to (...) cover too little, we must come to understand it. After exploring the privacy arguments of philosophers and constitutional and tort privacy law, I argue for a new definition of privacy and an explanation of its value that clarifies and resolves many of our conflicts. Privacy is critical because it allows us to protect a realm in which we can have intimate relations with others. (shrink)

We defend the view of some feminist writers that the notion of silencing has to be taken seriously in discussions of free speech. We assume that what ought to be meant by ‘speech’, in the context ‘free speech’, is whatever it is that a correct justification of the right to free speech justifies one in protecting. And we argue that what one ought to mean includes illocution, in the sense of J.L. Austin.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

This article highlights a contemporary privacy problem that falls outside the scope of dominant theoretical approaches. Although these approaches emphasize the connection between privacy and a protected personal (or intimate) sphere, many individuals perceive a threat to privacy in the widespread collection of information even in realms normally considered "public". In identifying and describing the problem of privacy in public, this article is preliminary work in a larger effort to map out future theoretical directions.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Theodor W. Adorno and Jürgen Habermas both champion the goal of a rational society. However, they differ significantly about what this society should look like and how best to achieve it. Exploring the premises shared by both critical theorists, along with their profound disagreements about social conditions today, this book defends Adorno against Habermas' influential criticisms of his account of Western society and prospects for achieving reasonable conditions of human life. The book begins with an overview of these critical theories (...) of Western society. Both Adorno and Habermas follow Georg Lukács when they argue that domination consists in the reifying extension of a calculating, rationalizing form of thought to all areas of human life. Their views about reification are discussed in the second chapter. In chapter three the author explores their conflicting accounts of the historical emergence and development of the type of rationality now prevalent in the West. Since Adorno and Habermas claim to have a critical purchase on reified social life, the critical leverage of their theories is assessed in chapter four. The final chapter deals with their opposing views about what a rational society would look like, as well as their claims about the prospects for establishing such a society. Adorno, Habermas and the Search for a Rational Society will be essential reading for students and researchers of critical theory, political theory and the work of Adorno and Habermas. (shrink)

Written by a select international group of leading privacy scholars, Social Dimensions of Privacy endorses and develops an innovative approach to privacy. By debating topical privacy cases in their specific research areas, the contributors explore the new privacy-sensitive areas: legal scholars and political theorists discuss the European and American approaches to privacy regulation; sociologists explore new forms of surveillance and privacy on social network sites; and philosophers revisit feminist critiques of privacy, discuss markets in personal data, issues of privacy in (...) health care and democratic politics. The broad interdisciplinary character of the volume will be of interest to readers from a variety of scientific disciplines who are concerned with privacy and data protection issues. (shrink)

This paper presents an argument for the value of privacy that is based on a purely negative concept of freedom only. I show that privacy invasions may decrease a person’s negative freedom as well as a person’s knowledge about the negative freedom she possesses. I argue that not only invasions that lead to actual interference, but also invasions that lead to potential interference (many cases of identity theft) constitute actual harm to the invadee’s liberty interests, and I critically examine the (...) courts’ reliance on a principle of ‘no harm, no foul’ in recent data breach cases. Using a number of insights from the psychology of human belief, I also show that the liberal claim for protection of privacy is strengthened by the observation that often the privacy invader cannot be held responsible for the influence on the invadee’s negative freedom. (shrink)

While maintaining the importance of privacy for critical evaluations of surveillance technologies, I suggest that privacy also constrains the debate by framing analyses in terms of the individual. Public space provides a site for considering what is at stake with surveillance technologies besides privacy. After describing two accounts of privacy and one of public space, I argue that surveillance technologies simultaneously add an ambiguityand a specificity to public places that are detrimental to the social, cultural, and civic importance of these (...) places. By making public places accessible to other places and/or times, surveillance technologies make these social contexts ambiguous by blurring their spatial and temporal bounds. At the same time, surveillancetechnologies valence public places in functionally specificways that are detrimental to informal civic life. To complement defensive approaches to surveillance technologies based onindividual privacy, I conclude by suggesting how sociality as a relational value or an ethics of place as a contextual value could provide a proactive line of reasoning for affirming the value ofthat which is between people and places. (shrink)

Der Zusammenhang zwischen dem Recht auf Privatheit und dem Recht auf demokratische Selbstbestimmung wird oft so verstanden, dass Privatheitsrechte lediglich instrumentellen Wert für demokratische Partizipation haben und alleine in der Möglichkeit bestehen, sich von der Teilnahme an der Öffentlichkeit zurückzuziehen. Ich stelle in meinem Beitrag drei Argumente dafür vor, dass ein engerer, interner Zusammenhang zwischen beiden Rechten besteht: Das Recht auf Privatsphäre schützt politische Öffentlichkeiten gegen epistemische Ungleichheit, schützt Gruppen in der Öffentlichkeit vor einem Verlust ihrer deliberativen Autonomie und verhindert (...) die Kolonialisierung deliberativer Öffentlichkeiten durch strategische Handlungsorientierungen. Aus diesen Argumenten ergibt sich ein genuin politisches Argument für das Recht auf Privatheit. (shrink)

Language and Reason opens up new territory for social theorists by providing thefirst general introduction to Habermas's program of formal pragmatics: his reconstruction of theuniversal principles of possible understanding that, he argues, ...

This paper presents an argument for the value of privacy that is based on a purely negative concept of freedom only. I show that privacy invasions may decrease a person’s negative freedom as well as a person’s knowledge about the negative freedom she possesses. I argue that not only invasions that lead to actual interference, but also invasions that lead to potential interference (many cases of identity theft) constitute actual harm to the invadee’s liberty interests, and I critically examine the (...) courts’ reliance on a principle of ‘no harm, no foul’ in recent data breach cases. Using a number of insights from the psychology of human belief, I also show that the liberal claim for protection of privacy is strengthened by the observation that often the privacy invader cannot be held responsible for the influence on the invadee’s negative freedom. (shrink)

An account of the emergence and disintegration of.

Wie lässt sich der Bereich des Privaten heute genau beschreiben? Welchen Wert besitzt Privatheit in digitalisierten Gesellschaften für den Einzelnen und die Gesellschaft als Ganzes? Welche Werte und Lebensformen werden durch Privatheit geschützt, welche eingeschränkt? Entstehen durch die Informationsasymmetrie zwischen Technologieunternehmen, staatlichen Verdatungsinstitutionen und Verbrauchern/Bürgern möglicherweise neue Machtstrukturen? Welche rechtlichen Implikationen ergeben sich hieraus? Dieser Band geht diesen und anderen Fragen, die sich im Hinblick auf die etablierte Gleichung von Freiheit und Privatheit stellen, nach und versucht Antworten zu finden.

Talking about privacy in the public prima facie seems to be a contradiction: why should privacy have to play a role within the public sphere? What could possibly be private in the public? However, quite a number of theories of privacy conceptualize privacy as a protective shield which we carry with us wherever we are: respect for privacy in public then means, for instance, not listening in on private conversations between friends on the street or in a cafe. The most (...) important form of privacy in public, however, which has gained a lot of attention during the last decade or so, is privacy as anonymity: the form of privacy in the public sphere, online as well as offline, which means invisibility, nontraceability, not being identifiable as an individual person. Theories of privacy differ as to the possibility as well as to the desirabilty of anonymity in public contexts, online as well as offline. In my paper, I investigate the complicated relations between privacy, anonymity, and the public sphere. I will, firstly, clarify the conceptual relation between privacy and anonymity, drawing on theories which define privacy in terms of conditions enabling individual freedom and autonomy. I will also review some normatively relevant differences between the online and the offline world. In the second part, I will discuss possible normative conflicts between a moral or legal right to privacy and anonymity, and considerations of security, accountability, or moral responsibility. One of the important questions will concern the ethical consequences of the technical possibilities of identification and de-anonymization in the online world. (shrink)