James Gordon Finlayson

Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle, neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined to the political. But his argument is vitiated by a threefold ambiguity in what he means by ‘comprehensive doctrine’. Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law ‘morally freestanding’, and as such distinguishes it from Kantian and natural law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about the relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls’s charge of comprehensiveness is made to stick against Habermas’s conception of democratic legitimacy, and remains unanswered. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation.

Adorno's saying that ‘art is the promise of happiness’ radiates into every corner of his work from his aesthetic theory to his critical theory of society. However, it is much misunderstood. This can be seen from the standard answer to the question: in virtue of what formal features do art works, according to Adorno, promise happiness? The standard answer to this question suggests that the aesthetic harmony occasioned by the organic wholeness of the form realized in the artwork contrasts with and throws into relief the antagonistic nature of society. The trouble is that this answer is flatly incompatible with Adorno's historicism and central components of his aesthetic modernism, including his critique of classicism, and his negativism. I propose a re-interpretation of Adorno's thesis that art is the promise of happiness that overcomes these difficulties

‘Immanent criticism' has been discussed by philosophers of quite different persuasions, working in separate areas and in different traditions of philosophy. Almost all of them agree on roughly the same story about its origins: It is that Hegel invented immanent criticism, that Marx later developed it, and that the various members of the Frankfurt School, particularly Adorno, refined it in various ways, and that they are all paradigmatic practitioners of immanent criticism. I call this the Continuity Thesis. There are four different claims that interest me. Hegel is the originator of immanent criticism. Hegel's dialectical method is that of immanent criticism. Adorno practises immanent criticism and endorses the term as a description of his practice. Adorno's dialectical method is fundamentally Hegelian. In this article, I offer an account of immanent criticism, on the basis of which, I evaluate these four claims and argue that the Continuity Thesis should be rejected

I. The Problem of Normative Foundations: Habermas's Original Criticism of Adorno and Horkheimer In The Theory of Communicative Action, Jürgen Habermas writes:From the beginning, critical theory labored over the difficulty of giving an account of its own normative foundations …1Call this Habermas's original objection to the problem of normative foundations. It has been hugely influential both in the interpretation and assessment of Frankfurt School critical theory and in the development of later variants of it. Nowadays it is a truth almost universally acknowledged that any critical social theory in possession of normative…

The thesis is that Adorno has a normative ethics, albeit a minimal and negative ethics of resistance. However Adorno’s ethical theory faces two problems: the problem of the availability of the good and the problem of whether a normative ethics is consistent with philosophical negativism. The author argues that a correct of understanding the role of the ineffable in Adorno’s Negative Dialectics solves both problems: it provides an account of the availability of the good that is consistent with his philosophical negativism. The author counters the prevalent objection that Adorno’s aporetic philosophy, like some negative theology, leads to irrationalism and mysticism. The parallel with negative theology is developed by means of a comparison with Nicholas of Cusa. Drawing on Wittgentstein’s saying/showing distinction and Adrian Moore’s work the author argues that Nicholas and Adorno can be seen to share a philosophically defensible notion of ineffable knowledge