William Rehg

The thesis of my paper is that argumentation theory provides a promising heuristic framework for addressing issues raised by the rationality debates in the philosophy of science, in particular the issues connected with scientific controversies over the appraisal and choice of competing theories. The first part of the paper grounds this thesis historically. In criticizing the logical empiricists, Thomas Kuhn set the stage for the subsequent opposition between a normative, anti-sociological philosophy of science and a descriptive, anti-philosophical sociology of knowledge. But he also hinted at the main lines of a multi-dimensional theory of argumentation which might frame a wide range of current investigations into scientific reasoning. In the second part of the paper I focus on the central normative aspect of this framework, dialectical argumentation, and clarify the key challenge, the underdetermination of theories by evidence. In the third part, I attempt to get beyond the dichotomy informing the rationality debates by reformulating the problem of theory choice within a broader context of scientific rationality.

The idea that business firms qualify as group moral agents offers an attractive basis for understanding corporate moral responsibility. However, that idea gives rise to the “corporate autonomy problem” (CAP): if firms are moral agents, then it seems we must accept the implausible conclusion that firms have basic moral rights, such as the rights to life and liberty. The question, then, is how one might retain the fruitful idea of firms as moral agents, yet avoid CAP. A common approach to avoiding CAP appeals to specific features of human embodiment, such as vulnerability to pain, as the basis for attributing moral rights to human persons but not to firms. But that response has less purchase in a Kantian framework, which does not ground moral status in such particularities of human embodiment, but rather in the rational nature that humans share with other rational beings. To avoid CAP while retaining a (broadly) Kantian framework, one does better to rely on features of firms as cooperative, compositionally derivative moral agents, created for the pursuit of specific ends. As derivative agents, firms do not qualify as Kantian ends in themselves, and thus are not appropriate bearers of basic moral rights. To further clarify the level of consideration we owe to firms, I draw on Darwall’s distinction between recognition respect and moral esteem, arguing that we should not respect firms as unconditional ends in themselves, but rather esteem morally autonomous firms as collective achievements of their human members.

This article proposes a way of connecting two levels at which scholars have studied discursive practices from a normative perspective: on the one hand, local transactions-face-to-face arguments or dialogues-and broadly dispersed public debates on the other. To help focus my analysis, I select two representatives of work at these two levels: the pragmadialectical model of critical discussion and Habermas's discourse theory of politicallegal deliberation. The two models confront complementary challenges that arise from gaps between their prescriptions and contexts of actual discourse. In response, I propose a theory of argument cogency that distinguishes three kinds of merit: content, transactional, and public. Normative links between the two levels arise through the ways argument contents spread across multiple transactions in a social space whose structure and composition favor collective reasonableness.

Of all the components that go into Jürgen Habermas's heroic efforts to elaborate the rational basis for critical social theory, his pragmatic theory of language—the "theory of communicative action" —is both the most important and the most ambitious. However, his arguments for this theory tend to be speculative, controversial, or even obscure at key points. This is unfortunate, given the potential significance of TCA as an account of the rationality of moral action. To remedy the situation, Joseph Heath carefully reworks—and significantly revises—the basic steps in Habermas's argument.

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.