Rene Von Schomberg

_Examines issues in legal and democratic theory found in the work of Jürgen Habermas._ Discourse and Democracy offers a variety of perspectives by an international group of scholars on Jürgen Habermas's Between Facts and Norms. The collection presents not just a summary of Habermas's own views, but locates him with respect to modern and contemporary moral, political, and legal theory. The result is a volume useful to those first approaching Habermas's thought as well as those already familiar with its general outlines.

In the following, I will discuss the current social reaction to the ecological crisis and the ways in which society reacts to technological risks, which can be understood primarily as a reaction to scientific and moral or ethical uncertainty. In the first section, I will clarify what is meant by scientific and moral or ethical uncertainty. In the second section, I will contrast Max Weber's differentiation of science, law [Recht) and morality in the modern world with the process of de-differentiation of these value spheres, a trend which can be observed in the present-day context of the ecological crisis and technological risks. We shall see that social contradictions emerge in the functional relationships between these value spheres, and that such contradictions go hand in hand with these value spheres or contexts of discourse either losing their original function or becoming transformed. Science forfeits its role as a functional authority and becomes a strategic resource for politics. Law becomes a basic constituent of an amoral form of negotiation, which can no longer be properly grasped in terms of legal categories. Morality is transformed into fear, and economics yields unprofitable practices. In the third section, I will in attempt to open up the moral and ethical dimension of how to deal with uncertainty with the help of discourse theory (Apel, 1988; Habermas, 1996), as well as outline a possible solution.

My analysis takes as its point of departure the controversial assumption that contemporary ethical theories cannot capture adequately the ethical and social challenges of scientific and technological development. This assumption is rooted in the argument that classical ethical theory invariably addresses the issue of ethical responsibility in terms of whether and how intentional actions of individuals can be justified. Scientific and technological developments, however, have produced unintentional consequences and side-consequences. These consequences very often result from collective decisions concerning the way we wish to organise our economies and society, rather than from individual actions. It has been apparent for a long time now that it is not sufficient to construct an ethics of science and technology on the basis of the image of a scientist who intentionally wants to create a Frankenstein. Thus, as a minimum we would require an ethical framework that addresses both the aspect of unintentional side consequences (rather than intentional actions) and the aspect of collective decisions (rather than individual decisions) with regard to complex societal systems, such as the operation of our economy. We do not have such a theory available. More disturbing than the principle shortcomings of ethical theory are the shortcomings of conventional ethical practice with respect to technological developments. Below I will suggest how four different developments can illustrate these shortcomings, which centre around the fact that individuals in our society can simply not be held fully accountable for their individual role within the context of scientific technological developments. I will call these shortcomings of a theory (and practice) of individual role responsibility. This may help us to reflect on robotics too, insofar as robots may be perceived as replacements for “roles”. From there, I will argue why we have to shift our attention to an ethics of knowledge assessment in the framework of deliberative procedures.