Maeve Cooke

This article offers a general framework for thinking about civil disobedience as transformative political action. Positing authority as the mode of power corresponding to obedience, and authority and freedom as internally related, it proposes a model of freedom and political authority as a basis for this framework. The framework is sufficiently general to allow for context-dependent variations – for example, as to whether publicity or non-violence is required – while specifying a view of civil disobedience as transformative action driven by a constellation of ethical, legal and political concerns. A reconfigured conception of conscience has a place within this account, but is not an indispensable element.

I consider argumentation from the point of view of context-transcendent cognitive transformation through reference to the critical social theory of Jürgen Habermas. My aim is threefold. First, to make the case for a concept of context-transcendent cognitive transformation. Second, to clarify the transformatory role of argumentation itself by showing that, while argumentation may contribute constructively to context-transcendent cognitive transformation, such transformation presupposes the existence of a reality conceptually independent of argumentation. Third, to cast light on the problem of how to justify argumentatively the poetically formulated, novel and innovative semantic contents that may be required for context-transcendent cognitive transformation. I conclude that the difficulties involved in argumentatively assessing novel and innovative semantic contents should not be misconstrued as evidence of an unbridgeable gap between language and experience but rather suggest the need for a more dynamic normative conception of language and for a more receptive model of autonomous agency.

The article deals with Habermas's intersubjective approach to critical social theory, focusing on his intersubjective accounts of truth, justice and democratic legitimacy. Distinguishing between stronger and weaker versions of an intersubjective account, it draws attention to Habermas's recent move from a strong intersubjective, constructivist, interpretation of truth to a weaker, non-constructivist, one. It then looks at his refusal to make a similar move in the case of justice, arguing that it is not well-founded, even from the point of view of Habermas's overall concerns. It contends, in particular, that a strong intersubjective conception is not necessary in order to maintain the close link between normative validity and argumentation that plays an important role in Habermas's project of a critical social theory and concludes that the advantages of abandoning a strong intersubjective position outweigh the disadvantages. Consequently, it recommends extension of the weaker, non-constructivist, account that Habermas now proposes in the case of truth to justice as well. In the final section, it considers the implications of this recommendation for Habermas's conception of normative validity in the domain of law and politics.

Contemporary critical social theories face the question of how to justify the ideas of the good society that guide their critical analyses. Traditionally, these more or less determinate ideas of the good society were held to be independent of their specific sociocultural context and historical epoch. Today, such a concept of context-transcending validity is not easy to defend; the "linguistic turn" of Western philosophy signals the widespread acceptance of the view that ideas of knowledge and validity are always mediated linguistically and that language is conditioned by history and context. In Re-Presenting the Good Society, Maeve Cooke addresses the justificatory dilemma facing critical social theories: how to maintain an idea of context-transcending validity without violating anti-authoritarian impulses. In doing so she not only clarifies the issues and positions taken by other theorists--including Richard Rorty, Jürgen Habermas, Axel Honneth, and Judith Butler--but also offers her own original and thought-provoking analysis of context-transcending validity.Because the tension between an anti-authoritarian impulse and a guiding idea of context-transcending validity is today an integral part of critical social theory, Cooke argues that it should be negotiated rather than eliminated. Her proposal for a concept of context-transcending validity has as its central claim that we should conceive of the good society as re-presented in particular constitutively inadequate representations of it. These re-presentations are, Cooke argues provocatively, regulative ideas that have an imaginary, fictive character

One of the principal challenges facing contemporary social philosophy is how to find foundations that are normatively robust yet congruent with its self-understanding. Social philosophy is a critical project within modernity, an interpretative horizon that stresses the influences of history and context on knowledge and experience. However, if it is to engage in intercultural dialogue and normatively robust social critique,social philosophy requires non-arbitrary,universal normative standards.The task of normative foundations can thus be formulated in terms of negotiating the tension between 'contextualism' and 'objectivism'. Six contemporary responses to this challenge are examined.Their respective limitations call for renewed reflection on justificatory strategies, in particular for a conception of 'objectivity' based in a normative theory of social learning processes.

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