Maeve Cooke

Habermas emphasizes the importance for critical thinking of ideas of truth and moral validity that are at once context-transcending and immanent to human practices. in a recent review, Peter Dews queries his distinction between metaphysically construed transcendence and transcendence from within, asking provocatively in what sense Habermas does not believe in God. I answer that his conception of “God” is resolutely postmetaphysical, a god that is constructed by way of human linguistic practices. I then give three reasons for why it should not be embraced by contemporary critical social theory. First, in the domain of practical reason, this conception of transcendence excludes by fiat any “Other” to communicative reason, blocking possibilities for mutual learning. Second, due to the same exclusion, it risks reproducing an undesirable social order. Third, it is inadequate for the purposes of a critical theory of social institutions.

The article considers Jürgen Habermas's views on the relationship between postmetaphysical philosophy and religion. It outlines Habermas's shift from his earlier, apparently dismissive attitude towards religion to his presently more receptive stance. This more receptive stance is evident in his recent emphasis on critical engagement with the semantic contents of religion and may be characterized by two interrelated theses: the view that religious contributions should be included in political deliberations in the informally organized public spheres of contemporary democracies, though translated into a secular language for the purposes of legislation and formal decision making and the view that postmetaphysical philosophy should seek to salvage the semantic contents of religious traditions in order to supply the evocative images, exemplary figures, and inspirational narratives it needs for its social and political projects. With regard to, it argues that the translation requirement impairs the political autonomy of religious believers and other metaphysically inclined citizens, suggesting that this difficulty could be alleviated by making a distinction between epistemologically authoritarian and non-authoritarian religious beliefs. With regard to, it argues that the salvaging operation is not as straightforward as Habermas seems to suppose and that social and political philosophy may not be able to tap the semantic power of religious traditions without relying on metaphysical assumptions; it concludes that, here, too, a distinction between authoritarian and non-authoritarian approaches to knowledge and validity may be useful.

Narrative fiction has the power to unsettle our deep-seated intuitions and expectations about what it means to live an ethically good life, and the kind of society that best facilitates this. Sometimes its disruptive power is disclosive, leading to an ethically significant shift in perception. I contend that the disruptive and disclosive powers of narrative fiction constitute a potential for ethical knowledge. I construe ethical knowledge as a learning process, oriented by a concern for truth, which involves the rational agency and affective engagement of an embodied human subject. For the purposes of showing this, I engage critically with Adorno’s reading of Kafka, using Kafka's story ‘In the Penal Colony’ to challenge Adorno’s analysis.

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.

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.

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 discussion starts with the fact of ethical disagreement in contemporary liberal democracies. In responding to the question of whether such conflicts are reconcilable, it proposes a normative model of deliberative democracy that seeks to avoid the privatization of ethical concerns. It is argued that many contemporary models of democracy privatize ethical matters either because of a view that ethical conflicts are fundamentally irreconcilable or because of a mis trust of the ideal of rational consensus in the fields of law and politics. Against this, the article contends that most ethical disagree ments are reconcilable in principle; it further suggests that mistrust of the ideal of rational consensus in the fields of law and politics is based on misunderstanding. Here, Habermas's model of deliberative democracy is drawn on. His account of public ethical deliberation is criticized and his negative interpretations of civic republicanism and ethical patterning are questioned; however, his model is seen as fundamentally fruitful from the point of view of dealing with ethical conflict. Key Words: civic republicanism • coercion • consensus • deliberative democracy • ethical disagreements • ethical patterning • ethical-political discourses • ethical privatization • Habermas.

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.

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.

The article considers the role of translation in encounters between religious citizens and secular citizens. It follows Habermas in holding that translations rearticulate religious contents in a way that facilitates learning. Since he underplays the complexities of translation, it takes some steps beyond Habermas towards developing a more adequate account. Its main thesis is that the required account of translation must keep sight of the question of truth. Focusing on inspirational stories of exemplary figures and acts, it contends that a successful translation makes truth appear anew; further, that it is the central role of truth in translation that enables the prospect of learning from the inspirational messages of religion. By highlighting truth as the point of continuity between intercultural learning and learning from religion, it provides support for the thesis that encounters between religious and secular citizens are a subset of intercultural encounters and, as such, contexts of possible mutual learning

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

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

Revisiting Taylor's 1992 account of the politics of recognition, I argue that he is right to discern a strand in contemporary politics that goes beyond the demand for recognition of dignity. Against Taylor I contend that this is best understood as a concern not for recognition of difference but for the value of something that is not universally shared, such as a particular ethical conception, cultural tradition or religious belief and practice. Using the examples of three social movements I show the relevance of this for contemporary politics. My empirically based argument is supported normatively by a discussion of Hegel's critique of `morality as conscience' in his Phenomenology. Referring to Axel Honneth's theory of recognition I highlight the lack of attention to this kind of concern for recognition in contemporary political and social theory. I conclude by specifying the key features of the concept of recognition most appropriate for responding to it publicly under conditions of value-pluralism.

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Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of law and democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis.

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.

In a widely publicized lecture in 2008, the Archbishop of Canterbury, Rowan Williams, expressed his concern that the conception of law and democratic citizenship prevailing in England may lead to ghettoization. The problem, in his view, is that the bulk of the convictions and commitments that define a given citizen’s identity are seen as a matter of individual choice and relegated to the private realm. In diagnosing this problem, Williams tacitly distances himself from a privatizing view of democratic politics. In response to the problem, he calls for consideration of the possibility of supplementary jurisdictions, whereby certain legal functions would be delegated to the religious courts of a community. The article is broadly supportive of Williams’ concern to avoid privatization and his emphasis on the importance of openness to learning from other legal codes. However, it finds no convincing case for legally recognizing plural jurisdictions. It concludes that this aim is better served by Seyla Benhabib’s proposal for vibrant, ongoing exchanges between different legal codes, and between such codes and political and cultural beliefs, traditions and practices.