Maeve Cooke

The value of a negatively defined private space is defended as important for the development of personal autonomy. It is argued that negative liberty is problematic when split off from its connection with this ideal. An ethical interpretation of personal autonomy is proposed according to which a private space is one of autonomy's preconditions. This leads to a conceptualization of privacy that is fruitful in two respects: it permits an account of privacy laws that avoids certain pitfalls, and it serves as a basis for criticizing privacy-related failures of autonomy together with the social forces that produce them. Negative liberty is, furthermore, rejected as an adequate basis for modern law and democracy. Here, too, an ethically defined personal autonomy, of which negative liberty is a precondition, is held to be the most convincing normative foundation. A critical reading of Habermas' cooriginality thesis is offered in support of this argument. Key Words: cooriginality thesis • Jürgen Habermas • Herbert Marcuse • negative liberty • personal autonomy • positive liberty • privacy • Martin Walser.

The article examines Habermas’s formal‐pragmatic theory of meaning from the point of view of his attempt to defend a postmetaphysical yet context‐transcendent conception of validity. It considers his attempt to develop a pragmatic account of understanding utterances that emphasises the mediation of knowledge through socio‐cultural practices while simultaneously stressing that understanding has a cognitive dimension that is inherently context‐transcendent. It focuses on his recent “Janus‐faced” conception of truth, looking more briefly at his purely epistemic conception of moral validity. It raises three objections: the first to his attempt to maintain a notion of “unconditionality” that has no otherworldly origins but is purely immanent to this world, the second to the alleged non‐arbitrary status of his conception of truth, and the third to his rejection of metaphysical thinking. It concludes that the objections, if valid, have profound implications for Habermas’s postmetaphysical enterprise and for his programme of formal pragmatics.

The question of civil disobedience has preoccupied philosophical discourse at least since Thoreau's articulation of disobedience as a form of non-compliance and Rawls' classic definition outlined in the wake of the civil rights and student protest movements of the 1960s. It has become increasingly clear, however, that these classic definitions are being challenged and rethought from a variety of traditions in the wake of contemporary protests. These articles engage with the most recent debates surrounding civil disobedience and conscientious objection, opening up original new paths for thinking about forms of protest. They also reveal disagreements about how to understand civil disobedience and about the place of conscience in political protest, inviting further discussion on these questions and issues.

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.

Habermas' view that contemporary philosophy and social theory can learn from religious traditions calls for closer consideration. He is correct to hold that religious traditions constitute a reservoir of potentially important meanings that can be critically appropriated without emptying them of their motivating and inspirational power. However, contrary to what he implies, his theory allows for learning from religion only to a very limited degree. This is due to two core elements of his conceptual framework, both of which are key features of his account of postmetaphysical thinking. The first is the requirement of ethical agnosticism; this requires philosophy and social theory to refrain from offering guidance on questions of the good life. The second is his language-immanent conception of truth in the domain of practical reason; this follows from his rejection of any source of validity beyond human communication in this domain. I make the case for a more robust account of learning from religious traditions and metaphysical worldviews, arguing that for this purpose Habermas must modify his requirement of ethical agnosticism and relinquish his language-immanent conception of truth.

Critical social theory has an uneasy relationship with utopia. On the one hand, the idea of an alternative, better social order is necessary in order to make sense of its criticisms of a given social context. On the other hand, utopian thinking has to avoid ‘bad utopianism’, defined as lack of connection with the actual historical process, and ‘finalism’, defined as closure of the historical process. Contemporary approaches to critical social theory endeavour to avoid these dangers by way of a post metaphysical strategy. However, they run up against the problem that utopian thinking has an unavoidable metaphysical moment. Rather than seeking to eliminate this moment, therefore, they should acknowledge its inevitability. The challenge is to maintain a productive tension between closure and contestability and between attainability and elusiveness. The paper outlines a strategy for meeting this challenge, a strategy that is based on a distinction between the metaphysical content of utopian projections and their fallible claims to validity. Key Words: critical social theory • fallibilism • metaphysical closure • postmetaphysical thinking • reflexivity • regulative idea • utopia.