Fabian Freyenhagen

Theodor W. Adorno inspired much of Germany’s 1960s student movement, but he came increasingly into conflict with this movement about the practical implications of his critical theory. Others – including his friend and colleague Herbert Marcuse – also accused Adorno of a quietism that is politically objectionable and in contradiction with his own theory. In this article, I recon- struct, and partially defend, Adorno’s views on theory and (political) praxis in Germany’s 1960s in 11 theses. His often attacked and maligned stance during the 1960s is based on his analysis of these historical circumstances. Put provocatively, his stance consists in the view that people in the 1960s have tried to change the world, in various ways; the point – at that time – was to interpret it.

Over the last two decades, Axel Honneth has written extensively on the notion of social pathology, presenting it as a distinctive critical resource of Frankfurt School Critical Theory, in which tradition he places himself, and as an alternative to the mainstream liberal approaches in political philosophy. In this paper, I review the developments of Honneth's writing on this notion and offer an immanent critique, with a particular focus on his recent major work "Freedom's Right". Tracing the use of, and problems internal to, Honneth's concept of social pathology serves to demonstrate his increasing reformism. It also serves to catalogue some of the dead ends that Critical Theory should avoid in taking up the idea of social pathology. The implication is not that this idea should be dropped. Rather, the paper is undertaking the necessary step of clearing the ground for further progress to take place on the question of what role the idea of social pathology can and should play in Critical Theory. The paper is critical in nature (and relentlessly so), but ultimately serves a constructive purpose.

Adorno notoriously asserted that there is no 'right' life in our current social world. This assertion has contributed to the widespread perception that his philosophy has no practical import or coherent ethics, and he is often accused of being too negative. Fabian Freyenhagen reconstructs and defends Adorno's practical philosophy in response to these charges. He argues that Adorno's deep pessimism about the contemporary social world is coupled with a strong optimism about human potential, and that this optimism explains his negative views about the social world, and his demand that we resist and change it. He shows that Adorno holds a substantive ethics, albeit one that is minimalist and based on a pluralist conception of the bad - a guide for living less wrongly. His incisive study does much to advance our understanding of Adorno, and is also an important intervention into current debates in moral philosophy.

Consider the following objection of Bennett to Kant: The least swallowable part of Kant's whole theory of freedom is the claim that the causality of freedom is not in time. This follows from Kant's doctrine that time is an appearance, and anyway the theory of freedom needs it: it is because the noumenal cause of an event is not in time, and thus is not itself an event, that it escapes the causality of nature. Kant is unembarrassed: ‘Inasmuch as it is noumenon, nothing happens in it; there can be no change requiring dynamical determination in time, and therefore no causal dependence upon appearances … No action begins in this active being itself; but we may yet quite correctly say that the active being of itself begins its effects in the sensible world’ [KrV, A541=B569]. That is indefensible. Something in which ‘nothing happens’ cannot be ‘active’ or ‘begin’ a train of events

In this article, I argue that autonomy has to be conceived substantively in order to serve as the qualifying condition for receiving the full set of individual liberal rights. I show that the common distinction between content‐neutral and substantive accounts of autonomy is riddled with confusion and ambiguities, and provide a clear alternative taxonomy. At least insofar as we are concerned with liberal settings, the real question is whether or not the value and norm implied by an account of autonomy are acceptable to reasonable people, not whether these accounts are content‐neutral, procedural or input‐focused. Finally, I demonstrate how substantive constraints are compatible with, or even implied in, the notion of autonomy at play in political liberalism. Overall, I present a normative reconstruction, clarification, and internal critique of liberalism, drawing on case law and statutes from England and Wales.

With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority.

The later Rawls attempts to offer a non-comprehensive, but nonetheless moral justification in political philosophy. Many critics of political liberalism doubt that this is successful, but Rawlsians often complain that such criticisms rely on the unwarranted assumption that one cannot offer a moral justification other than by taking a philosophically comprehensive route. In this article, I internally criticize the justification strategy employed by the later Rawls. I show that he cannot offer us good grounds for the rational hope that citizens will assign political values priority over non-political values in cases of conflict about political matters. I also suggest an alternative approach to justification in political philosophy (that is, a weak realist, Williams-inspired account) that better respects the later Rawls’s concern with non-comprehensiveness and pluralism than either his own view or more comprehensive approaches. Thus, if we take reasonable pluralism seriously, then we should adopt what Shklar aptly called ‘liberalism of fear’

We report on an interview-based study of decision-making capacity in two classes of patients suffering from depression. Developing a method of second-person hermeneutic phenomenology, we articulate the distinctive combination of temporal agility and temporal inability characteristic of the experience of severely depressed patients. We argue that a cluster of decision-specific temporal abilities is a critical element of decision-making capacity, and we show that loss of these abilities is a risk factor distinguishing severely depressed patients from mildly/moderately depressed patients. We explore the legal and clinical consequences of this result

Thanks to Barton Palmer and John McMillan for these thoughtful commentaries. We found much to agree with and it is striking how so many of the issues relating to decision-making capacity assessment find resonances outside of an English jurisdiction. California and New Zealand are clearly grappling with a very similar set of issues and the commentaries speak to the international nature of these discussions.We will pick up on some main points the commentaries raise.As Palmer notes, DMC law is vulnerable to the criticism that it does not attend to the authenticity of a decision. In ordinary language, this is the idea that someone is deciding while “not their self” or that it is the “illness speaking.” There is a...

Habermas and Rawls are two heavyweights of social and political philosophy, and they are undoubtedly the two most written about authors in this field. However, there has not been much informed and interesting work on the points of intersection between their projects, partly because their work comes from different traditions—roughly the European tradition of social and political theory and the Anglo-American analytic tradition of political philosophy. In this volume, contributors re-examine the Habermas-Rawls dispute with an eye toward the ways in which the dispute can cast light on current controversies about political philosophy more broadly. Moreover, the volume will cover a number of other salient issues on which Habermas and Rawls have interesting and divergent views, such as the political role of religion and international justice.

There is a perennial problem affecting Theodor W. Adorno’s philosophy: his theory seems to lack the resources to account for his normative claims. James Gordon Finlayson has offered an intriguing solution. He argues that within Adorno’s philosophy it is possible to access a kind of good that is suitable as a normative basis for his ethics: the good involved in the experiences of trying to have insights into the ineffable. In this paper, I show that this proposal is unsuitable both (1) as a normative basis of Adorno’s ethics; and also (2) for explaining how it is possible for people to act according to this ethics. I outline an alternative solution that relies only on Adorno’s conception of the bad and defend it against objections.

Can one both be an Aristotelian in ethics and a negativist, whereby the latter involves subscribing to the view that the good cannot be known in our social context but that ethical guidance is nonetheless possible in virtue of a pluralist conception of the bad? Moreover, is it possible to combine Aristotelianism with a thoroughly historical outlook? I have argued that such combinations are, indeed, possible, and that we can find an example of them in Adorno's work. In this paper, I reply to three critics who cast doubt on this proposal. I also reply to other concerns they raise, regarding immanent critique, negativism, the role of social theory in Adorno's work, and the danger of being co-opted. I stress the holism of Adorno's position, and, amid some more deflationary moves, insist on the distinctiveness of the Aristotelian position that results.

The Mental Capacity Act 2005 has put the assessment of mental capacity for decision-making at the forefront of psychiatric practice. This capacity is commonly linked within philosophy to autonomy, that is, to the idea, or ideal, of self-government. However, philosophers disagree deeply about what constitutes autonomy. This contribution brings out how the competing conceptions of autonomy would play out in psychiatric practice, taking anorexia nervosa as a test case. © 2009 Elsevier Ltd. All rights reserved.

In this paper, we take up two objections Raymond Geuss levels against John Rawls′ ideal theory in Philosophy and Real Politics. We show that, despite their fundamental disagreements, the two theorists share a common starting point: they both reject doing political philosophy by way of applying an independently derived moral theory; and grapple with the danger of unduly privileging the status quo. However, neither Rawls′ characterization of politics nor his ideal theoretical approach as response to the aforementioned danger is adequate or so we argue. Moreover, contrary to received opinion, Geuss′ political philosophy is the more reflective and the more philosophical of the two. In a final section, we highlight another agreement: both think that political philosophers should develop conceptual innovations as a way of clarifying and overcoming practical problems. We demonstrate that Geuss could offer a number of reasons for finding Rawls′ conceptual innovations wanting

Mental capacity and autonomy are often understood to be normatively neutral? the only values or other norms they may presuppose are those the assessed person does or would accept. We show how mental disorder threatens normatively neutral accounts of autonomy. These accounts produce false positives, particularly in the case of disorders that affect evaluative abilities. Two normatively neutral strategies for handling autonomy-undermining disorder are explored and rejected: a blanket exclusion of mental disorder, and functional tests requiring consistency, expression of identity, reflective non-alienation or lack of compulsion. Finally, we suggest ways in which substantivist alternatives to neutrality can be made more promising through increased transparency, democratic contestability of conditions for capacity and autonomy, and a historically sensitive caution concerning restrictions of liberty.

Abstractabstract:Was there a linguistic turn in Frankfurt School Critical Theory before Habermas's communications-theoretic one? Might later Wittgenstein and the early Frankfurt School have adopted similar pictures of language? I propose that both questions should be answered affirmatively, focusing on Horkheimer's Eclipse of Reason. I argue that, thanks to the picture of language that Horkheimer and Adorno share with (later) Wittgenstein, we can reconstruct their theory in a way that renders it more defensible. Insofar as the human life form and language are inseparable, language can be an inextinguishable reservoir of what Horkheimer called "objective reason." Recognizing this allows us to answer Habermas's critique of Horkheimer and Adorno. Moreover, paying attention to this inseparableness can enable us to engage in disclosing social critique (for example, regarding current debates about sustainability).

Must we ascribe hope for better times to those who (take themselves to) act morally? Kant and later theorists in the Frankfurt School tradition thought we must. In this article, I disclose that it is possible – and ethical – to refrain from ascribing hope in all such cases. I draw on two key examples of acting irrespective of hope: one from a recent political context and one from the life of Jean Améry. I also suggest that, once we see that it is possible to make sense of (what I call) ‘merely expressive acts’, we can also see that the early Frankfurt School wasnotguilty of a performative contradiction in seeking to enlighten Enlightenment about its (self-)destructive tendencies, while rejecting the (providential) idea of progress.

Can one both be an Aristotelian in ethics and a negativist, whereby the latter involves subscribing to the view that the good cannot be known in our social context but that ethical guidance is nonetheless possible in virtue of a pluralist conception of the bad? Moreover, is it possible to combine Aristotelianism with a thoroughly historical outlook? I have argued that such combinations are, indeed, possible, and that we can find an example of them in Adorno's work. In this paper, I reply to three critics who cast doubt on this proposal. I also reply to other concerns they raise, regarding immanent critique, negativism, the role of social theory in Adorno's work, and the danger of being co-opted. I stress the holism of Adorno's position, and, amid some more deflationary moves, insist on the distinctiveness of the Aristotelian position that results.

In this paper, I will address a question that has long overshadowed T.W. Adorno?s critical theory, namely, the question of whether or not it is possible to account for normativity within his negativistic philosophy. I believe that we can answer this question in the affirmative, but in this paper my aim will be more limited. I will clarify the problem and lay out the response strategies that are open to those hoping to defend Adorno?s theory. And I will argue that the problem cannot be dismissed as easily as is sometimes suggested, namely, by those who claim that Adorno?s theory is not normative.

Does theorising always presuppose a programme of justification? Does the Critical Theory of Adorno and Horkheimer do so? Do they claim it does? The answer should be a resounding ‘no’ to all three questions. In regard to the second and third question, I have sketched an argument to that effect in an earlier paper in this journal. In this paper, I offer a rejoinder to the critical reply offered by Stefan Müller-Doohm und Roman Yos on behalf of the Habermasian mainstream in Frankfurt School Critical Theory. This rejoinder depends on giving a negative answer also to the first question. In rejecting the Habermasian idea of a programme of justification, I stand accused of dogmatism and, consequently, decisionism. I show that this accusation itself betrays a certain dogmatism – insofar as it accepts that such a programme of justification is undeniably possible and required, without consideration of evidence or arguments to the contrary. Self-reflective and critical theorising about society can, indeed must, take other forms.

Like two heavyweight boxers exchanging punches, but neither landing the knock-out blow, Kantians and Hegelians seem to be in a stand-off on what in contemporary parlance is known as the Empty Formalism Objection. Kant's ethics is charged with being merely formal and thereby failing to provide the kind of specific guidance that any defensible ethical system should have the resources to provide. Hegel is often credited with having formulated this objection in its most incisive way, and a wealth of Kantian responses has been deployed to answer it. In this paper, I take up the objection as it appears in §135R ofElements of the Philosophy of Rightin order to scrutinise the contemporary debate between the two camps. I propose that there are, in fact, three different, albeit connected objections and examine the best Kantian replies to them. I will not adjudicate which of these replies is the most accurate interpretation of Kant's texts, nor trace the particular historical context in which Hegel takes up Kant's ethics, nor the way the Empty Formalism Objection fits into Hegel's wider system. This is partly because of constraints of space, and partly because many of the contemporary Kantian replies — for better or for worse — treat the Empty Formalism Objection as a self-standing philosophical problem, irrespective of its historical context or systematic place in Hegel's theory. My limited aim here is to show that, even if one grants — for argument's sake — the legitimacy of such a non-contextual approach, significant difficulties remain.

© Editorial matter and selection, 2008 Deborah Cook. Introduction Moral philosophy used to be full of promises. In ancient times, it aimed at providing a guide to the good life that integrated moral matters with other concerns. In modern times, it set out to present a supreme principle of morality from which a full-blown system of obligations and permissions was meant to be derived, guiding or constraining our conduct. However, if Adorno is to be believed, the promises of moral philosophy have not been fulfilled: neither the good life, nor even the moral life, is currently available. In this sense, his position can be characterized as a negative moral philosophy. What makes this position interesting is why Adorno thinks that both the good life and the moral life are blocked and what implications he draws from this in terms of criticizing the dominant strands of modern moral philosophy and suggesting how we should live our distorted and deformed lives. In this chapter we shall look at each of these aspects and ask the following questions: 1. Why can no one live the right life in our current social world? 2. Why does the task of moral philosophy today consist essentially in the critique of moral philosophy? 3. Does Adorno say anything about how we should live, or is his negative moral philosophy devoid of any practical guidance? The impossibility of right living today Adorno is not alone in thinking that something is problematic about ethical practice and theory in the modern social world. For example, contemporary Aristotelians often lament the breakdown of traditional social practices which underwrote the exercise of the virtues.