In 2010, the German Federal Ministry of Education and Research started a series of citizens’ dialogues on future technologies. In the context of the German history of public participation in technology-oriented policy making, these dialogues are unique for at least two reasons: The Federal Ministry retains the responsibility for the entire process and is heavily involved in its planning, organization and communication, and the number of participants and process elements is significantly higher than in most other participative events. The paper (...) presents insights into the political background of the citizens’ dialogues, its general concept as well as first observations from the dialogue rounds on energy and high-tech medicine. In addition, it discusses reactions of other political actors and expectations regarding legitimacy and representativeness of the dialogue results. (shrink)

In recent times, it has become increasingly common that elected parties and leaders systematically undermine democracy and the rule of law. This phenomenon is often framed with the term democratic backsliding or democratic regression. This article deals with the relatively little-studied topic of resistance to democratic regressions. Chief amongst the things it discusses is the rather central ethical issue of whether resisters may themselves, in their attempts to prevent a further erosion of democracy, transgress democratic norms. But the argument advanced (...) in the article is not merely about the ethics of resistance. It begins, perhaps unconventionally, by addressing the affective dimension of resistance to democratic regressions, looking in particular at the powerful feelings of anger and despair that pro-democratic citizens living under a regressive government are likely to experience. As the article argues, these feelings have not only motivational but also epistemic potential, which must be adequately theorized in order to understand how resisters can respond to the ethical challenges facing them. (shrink)

Reading the Communist Manifesto against the contemporary background of massive unemployment, the author argues that Marx's theory of work is no longer adequate to tackle the problem of `workers without work' and suggests that it has to be reformulated in such a way that its normative intuitions and its critical impulses can be maintained. In the first part, he presents a philosophical critique of Marxism that is inspired by Jürgen Habermas and Hannah Arendt. In the second part, he presents a (...) sociological critique of Marxism and argues that the theory of the alienation of work implies a justification of work and the work society. Finally, in the last part, the author presents an ideological critique of Marxism that is inspired by Marcel Mauss' sociology of the gift. Criticising the contractualist assumptions of workfare solutions, he proposes a package solution for a radical decommodification of the labour market by means of a disjunction of income and work. (shrink)

In the Social Contract Rousseau gives what could be called a philosophical rule of recognition for law in Modernity: a law is law if and only if 'the whole people rules over the whole people'. Thus, he defines self-legislation as, at bottom, collective intentional action. I will first map out the speech act structure [LEX] underlying self-legislation on this account. In particular, I argue for a first person plural counterpart of the reflexive structure inherent to intentions generally: the notion of (...) a collective self. Then I take issue with Bratman's analysis of shared intentional activity in terms of mutuality, submitting that it misses out on the specifically political presupposition involved in 'doing something together'. I will show why 'mutuality' requires representation of the unity of a polity, and how this representation can take form without either external authority or mutual responsiveness. (shrink)

Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institutional economics to escape the infinite regress of judging a consensus legitimate, institutional economics has a tested social science (...) paradigm (rational choice) of explaining and predicting the functioning of institutions. The article outlines a theoretical synthesis of the two theories by finding points in common and possibilities of fruitful combinations concerning the problem of legitimacy, institutional design and effectiveness of legal norms. Key Words: consensus • discourse theory • effectiveness of legal rules • institutional design • legitimacy • new institutional economics. (shrink)

As a result of a new understanding of the relation between theory and practice, the "New Frankfurt School," with Jürgen Habermas as its major representative, highly values the philosophical tradition of American pragmatism, in contrast to the first generation Critical Theorists represented by Max Horkheimer. In Habermas, the idea of"critique" is, both substantially and methodologically, closely connected with the idea of "praxis" in the following senses: communicative action, rational argumentation, public discussion and political culture. "Critique" is thus found to be (...) immanent in "praxis"; or, a la Horkheimer, pragmatism turns out to be a "critical philosophical analysis" without "falling back upon objective reason and mythology.". (shrink)

What could a political phenomenology look like? Recent attempts to address this question under the rubric “critical phenomenology” have centered primarily around important issues such as the lived experience of marginalization and oppression or the ways in which power asymmetries or structural biases are internalized, habitualized, and embodied. In this paper, I will take a different route and test the impact of Husserl’s account of the state against the background of key classical and contemporary political theories. I aim to show (...) that Husserl indeed provides some conceptual requisites for an original phenomenological social ontology of the state. By furnishing analyses of the social formation that constitutes the stately body politic, Husserl helps us see the limitations of the standard, broadly Weberian, conception of the state underlying much of contemporary political theorizing. Moreover, Husserl provides an interesting alternative to both naturalistic and social contract theories of the state. However, against more optimistic readings, I argue that Husserl’s idealistic conception of the state, which is implicitly modelled on his notion of the “love community,” ultimately fails as a political theory, particularly when it comes to accounting for the struggle of recognition and the agonistic nature of politics. (shrink)

This paper seeks to show that the proposition of 'double contingency' introduced by Parsons and defended by Luhmann and Habermas is insufficient under the conditions of contemporary communication societies. In the latter context, the increasing differentiation and organization of communication processes eventuated in the recognition of the epistemic authority of the public, which in turn compels us to conceptualize a new level of contingency. A first step is therefore taken to capture the role of the public in communication societies theoretically (...) by what may be called 'triple contingency'. Since the process of the definition of reality and its outcome, to which the response of the public is central, is best seen in constructivist terms, attention is also paid to relevant methodological and epistemological questions. Key Words: cognitive turn • communication • constructivism • double contingency • Habermas • Luhmann • observation • Parsons • situationalism • the third point of view. (shrink)

An important question one can ask of ethical theories is whether and how they aim to raise claims to universality. This refers to the subject area that they intend to describe or govern and also to the question whether they claim to be binding for all (moral) agents. This paper discusses the question of universality of Luciano Floridi’s information ethics (IE). This is done by introducing the theory and discussing its conceptual foundations and applications. The emphasis will be placed on (...) the ontological grounding of IE. IE’s claims to universality will be contrasted with those raised by discourse ethics. This comparison of two pertinent ethical theories allows for a critical discussion of areas where IE currently has room for elaboration and development. (shrink)

From an analysis of the role of companies in multi-stakeholder networks and a critical review of stakeholder theory, it is argued that companies practise two different types of stakeholder management: they focus on their organization’s welfare (organization- focussed stakeholder management) or on an issue that affects their relationship with other societal groups and organizations (issue-focussed stakeholder management). These two approaches supplement each other. It is demonstrated that issue-focussed stakeholder management dominates in multi-stakeholder networks, because it enables corporations to address complex (...) problems and challenges in cooperation with stakeholders. Since deliberation is the key to issue-focussed stakeholder management, it helps to cope with numerous and at times contradictory stakeholder demands and enhances the legitimacy of corporate activities. (shrink)

In multi-stakeholder networks, actors from civil society, business and governmental institutions come together in order to find a common solution to a problem that affects all of them. Problems approached by such networks often affect people across national boundaries, tend to be very complex and are not sufficiently understood. In multi-stakeholder networks, information concerning a problem is gathered from different sources, learning takes place, conflicts between participants are addressed and cooperation is sought. Corporations are key actors in many networks, because (...) the problems addressed are frequently related to business activities. The aim of this article is to conceptualise multi-stakeholder networks by proposing a problem-centred stakeholder definition. From an analysis of several case studies, a life cycle model is deduced that distinguishes seven phases: initiation, acquaintance, first and second agreement, implementation, consolidation and institutionalisation. (shrink)

In multi‐stakeholder networks, actors from civil society, business and governmental institutions come together in order to find a common solution to a problem that affects all of them. Problems approached by such networks often affect people across national boundaries, tend to be very complex and are not sufficiently understood. In multi‐stakeholder networks, information concerning a problem is gathered from different sources, learning takes place, conflicts between participants are addressed and cooperation is sought. Corporations are key actors in many networks, because (...) the problems addressed are frequently related to business activities. The aim of this article is to conceptualise multi‐stakeholder networks by proposing a problem‐centred stakeholder definition. From an analysis of several case studies, a life cycle model is deduced that distinguishes seven phases: initiation, acquaintance, first and second agreement, implementation, consolidation and institutionalisation. (shrink)

This paper calls attention to some basic problems and inner contradictions in the German sociologist Ulrich Beck’s theory of the ‘(world) risk society’ or reflexive (second) modernity. A main thread in the critique is that of addressing the theoretical ambiguities that seem to characterize Beck’s at the same time ‘social constructivist’ and ‘realist’ notion of risk – ambiguities that seem to be repeated on the one hand in Beck’s view on the relation between knowledge and unawareness in reflexive modernity and (...) on the other hand in his view on the role of the mass media in the ‘(world) risk society’. Moreover, Beck’s notions of second modernity, reflexivity, rationality and critique are critically examined. With the alternative positions discussed in the paper – represented by Jeffrey C. Alexander, Niklas Luhmann and Mitchell Dean – some indications are given as to how one might fruitfully elaborate on the problem of risk. Thus, rather than a mainly technology-driven new type of social reality, the ‘(world) risk society’ could perhaps better be seen as indicating a changing cultural self-understanding of late modern society, a new ‘semantics of crisis', or the emergence of new forms of governmentality in the contemporary welfare state. In conclusion, some indications are given as to how an analysis of more specific ‘risk logics' or ‘rationalities' could be elaborated on, and a terminology that reflects this more differentiated approach to risk in late modern society is suggested. (shrink)

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

The article deals with `The Symbolic Force of Human Rights'. First, it restricts the meaning of the term `symbolic' and of the expression `symbolic force'. Second, it discusses the concept of human rights. Having established the conceptual framework, the author goes to the core of his argument, characterizing the symbolic force of human rights as ambivalent: on one hand, it serves for their generalized affirmation and accomplishment; on the other hand, it acts as a manner of political manipulation. In this (...) regard, the article focuses, first, on the symbolic force of human rights at the level of national states, and then within the international and worldwide context, on criticizing finally the rhetorical use of human rights by nowadays' only superpower, the USA. Key Words: human rights • interventionism • supranational and national • legal orders • symbolic force. (shrink)

Medizinethische Entscheidungsfindungsmodelle müssen nachweisen können, weshalb die mit ihnen getroffenen Entscheidungen richtig oder zumindest „belastbar“ sind. Hierfür sind theoretische Rechtfertigungsansätze aus der Ethik unverzichtbar. Der Klinischen Ethik wird aber mitunter ein Mangel an theoretischer Fundierung vorgeworfen. Um diesem Vorwurf entgegenzutreten, soll unter Bezugnahme auf ein Projekt der Klinischen Ethik („METAP“) die ethische Unterstützung in Form der ethischen Fallbesprechung und der Ethikkonsultation mittels Prinzipienethik und Diskursethik gerechtfertigt werden. Prinzipienethik und Diskursethik können einander über das Medium der ethischen Fallbesprechung oder Ethikkonsultation fruchtbar (...) ergänzen. So können einige theoretische und praktische Schwächen der beiden Ansätze durch den jeweils anderen abgefedert werden. Die Diskursethik übernimmt bspw. die Sicherung der ethischen Gültigkeit von moralischen Entscheidungen bzw. Handlungsnormen und vermindert dadurch ein Rechtfertigungsdefizit, welches bei einem rein prinzipienorientierten Verfahren auftritt. Umgekehrt antwortet die Prinzipienethik u. a. auf Fragen der ethischen Angemessenheit und dient v. a. der adäquaten Einzelfallentscheidung. Durch die Integration des einen Ansatzes in den anderen ist eine umfassendere Rechtfertigungsleistung erzielbar als bei einem alleinigen Einsatz von Prinzipienethik oder Diskursethik. Selbst wenn einige Herausforderungen bestehen bleiben und auch das integrierte Modell moralische Dissense nicht immer verhindern kann, vermag es durch seine „doppelte“ Absicherung (Prinzipien und Diskurs) ein praktisches Vertrauen in die getroffene ethische Entscheidung zu stärken und so der Klinischen Ethik mehr „Robustheit“ zu geben, als sie bisher besitzt. (shrink)

ZusammenfassungMedizinethische Entscheidungsfindungsmodelle müssen nachweisen können, weshalb die mit ihnen getroffenen Entscheidungen richtig oder zumindest „belastbar“ sind. Hierfür sind theoretische Rechtfertigungsansätze aus der Ethik unverzichtbar. Der Klinischen Ethik wird aber mitunter ein Mangel an theoretischer Fundierung vorgeworfen. Um diesem Vorwurf entgegenzutreten, soll unter Bezugnahme auf ein Projekt der Klinischen Ethik („METAP“) die ethische Unterstützung in Form der ethischen Fallbesprechung und der Ethikkonsultation mittels Prinzipienethik und Diskursethik gerechtfertigt werden. Prinzipienethik und Diskursethik können einander über das Medium der ethischen Fallbesprechung oder Ethikkonsultation fruchtbar (...) ergänzen. So können einige theoretische und praktische Schwächen der beiden Ansätze durch den jeweils anderen abgefedert werden. Die Diskursethik übernimmt bspw. die Sicherung der ethischen Gültigkeit von moralischen Entscheidungen bzw. Handlungsnormen und vermindert dadurch ein Rechtfertigungsdefizit, welches bei einem rein prinzipienorientierten Verfahren auftritt. Umgekehrt antwortet die Prinzipienethik u. a. auf Fragen der ethischen Angemessenheit und dient v. a. der adäquaten Einzelfallentscheidung. Durch die Integration des einen Ansatzes in den anderen ist eine umfassendere Rechtfertigungsleistung erzielbar als bei einem alleinigen Einsatz von Prinzipienethik oder Diskursethik. Selbst wenn einige Herausforderungen bestehen bleiben und auch das integrierte Modell moralische Dissense nicht immer verhindern kann, vermag es durch seine „doppelte“ Absicherung (Prinzipien und Diskurs) ein praktisches Vertrauen in die getroffene ethische Entscheidung zu stärken und so der Klinischen Ethik mehr „Robustheit“ zu geben, als sie bisher besitzt. (shrink)

Many traditional conceptions of ethics use categories and arguments that have been developed under conditions of pre-modern societies and are not useful in the age of globalisation anymore. I argue that we need an economic ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. This conception is then elaborated further in the area of business ethics. It is illustrated in the case for banning child labour.

This contribution seeks a nuanced democratic view on the position of religious and ideologically inspired views and argumentations on the political forum. We reject the liberal standard vision that rules out every reference to comprehensive doctrines. Political decisions should be neutral in their formulation of a proposition, but this does not exclude that there is some room for pluralism in the debate that precedes those decisions. From a democratic point of view there is no objection to religious and ideological views (...) and argumentations in the political debate on condition that citizens adopt a democratic attitude with regard to their own comprehensive views. (shrink)

This contribution seeks a nuanced democratic view on the position of religious and ideologically inspired views and argumentations on the political forum. We reject the liberal standard vision that rules out every reference to comprehensive doctrines. Political decisions should be neutral in their formulation of a proposition, but this does not exclude that there is some room for pluralism in the debate that precedes those decisions. From a democratic point of view there is no objection to religious and ideological views (...) and argumentations in the political debate on condition that citizens adopt a democratic attitude with regard to their own comprehensive views. (shrink)

The article starts with the observation of an ambivalence inherent to the politics of juridification. On the one hand, some spheres of the life-world such as the family and the school are often places of exploitation, degradation and humiliation and therefore seem to require the implementation of legal protection for their members. At the same time, the demand for rights seems somehow to grasp too little, would be inadequate or even counterproductive. How can this ambivalence be politically dealt with? I (...) first briefly reconstruct Jürgen Habermas' concept of juridification. I believe that Habermas works with an image of the family and the school as communicatively constituted and juristically uncompromised milieux, which proves to be highly questionable. In a second step I consider Axel Honneth's theory of the absolutization of legal freedom as offered in his recent work Freedom's Right. Honneth sidesteps several problematic implications of the Habermasian thesis of colonization, but still tends to underestimate the dominant patriarchal power relations in the spheres of the family and the school. Finally, I pursue Honneth's own suggestion that a new notion of politics is required for understanding contemporary struggles for recognition, which overcomes the statist tendencies of liberalism. I therefore propose to shift the perspective on the phenomenon of juridification, viewing it instead from the standpoint of the agents themselves, by turning to Wendy Brown's feminist theory on the paradoxes of rights. (shrink)

Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...) own). The discussion is developed by recognising that the claim to universality is not only incompatible with a substantive conception of juridicalness as validity but also sustained with difficulty by a procedural representation of discourse and rationality (a representation which, against its own conclusion-claims, could also be said to be culturally and civilizationally bounded). Not forgetting some specific features of contemporary juridical pluralism—namely that which emerges from the counterpoint between semiotic groups or interpretative communities (and their differently assumed claims of intersemioticity concerning the signifier law)—this train of reflection diagnoses briefly a sequence of complementary main difficulties (as «obstacles» to recognising Law’s demand as an unmistakable cultural project), namely those arising from the formalistic normativistic inheritance (confounding legal autonomy with isolationism), from the challenges and seductions of practical holism (justifying a continuum in which Law’s project loses its sense and autonomy), and also from the familiar debate between exclusive and inclusive versions of positivism and non-positivism (a debate which establishes-consecrates an equivocal counterpoint between Law and Morality). (shrink)

In this paper, I make an attempt to look for a thin and general concept of law that, as far as possible, should be neutral to the more substantial views of legal moralism and legal positivism, so that it is acceptable from both points of view. With this aim in view, I shall begin with a few remarks on concept formation and name a list of necessary requirements on an appropriate concept of law. On this basis, I intend to discuss (...) a number of contemporary legal theories in view to their respective interpretations of the concept of law. Finally, I want to propose a definition of law that not only satisfies the requirements of the concept of law, but is also general enough to be compatible with both camps of legal thinking. (shrink)

This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic (...) requirements on an appropriate conception of such norms: the actuality and the normativity requirements. On this basis, he enters into a critical discussion of Kelsen's highly influential view of norms, arguing that this view is doomed to failure. In the last part of the paper, the author scrutinizes the more promising “practice theory of norms” by H.L.A. Hart, which, in his view, also suffers from some shortcomings, but may be modified in a way that leads to a conception of social norms providing us with a plausible explication of their actual existence and their normative force. (shrink)

If there is a specifically rhetorical approach to argumentation, I believe it is one that studies argumentation that is specifically rhetorical. So if we want to ask, “What is the rhetorical approach to argumentation?” we should first ask, “What is rhetorical argumentation?” It is worthwhile focusing on this question because various misleading definitions of rhetorical argumentation have been in circulation for almost as long as rhetoric has existed. Some misleading definitions see the defining property of rhetorical argumentation in the arguer’s (...) aim. And that aim, which is often assumed to override all the arguer’s other considerations, is strategic: to persuade his hearer(s) by any available means and .. (shrink)

The nature and essence of democracy is a bigger issue today than it has been for a long time. With (clearly and allegedly) populist movements in Western Europe and the US, the question of what constitutes democracy has become a contentious issue, though often treated only implicitly. In this article, the nature and essence of democracy is treated with Francisco Suárez (1548-1617) as a guide. This is done on the background of his general metaphysics. It is concluded that Suárez's political (...) philosophy can be called democratic, as political power comes from and ultimately rests with “the people”, according to him. The right balance between “people”, in the plural, and “the people”, in the singular, cannot be calculated, though. On the background of the treatment of Suárez's political philosophy, some conclusions regarding how best to uphold and strengthen democracy are drawn. (shrink)

Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the field of socio-legal studies (...) I select the sociology of criminal justice and punishment in order to demonstrate the characteristics of this relationship. The partnership between sociology and law emerged as part of the modernization project in the 19th and 20th centuries, and the sociology of punishment was part of this endeavour. Rooted in a strong tradition of old (Durkheim) and new (Elias, Foucault) classics, recent developments in this field are leaving the idea of an `unproblematically modern punishment' (Whitman, 2005a) behind, and new fields of inquiry for comparative lawyers and sociologists are opening up. (shrink)

The main objective of the paper is to present a model of the good practices of deliberative cooperation in a parliamentary setting. This goal is achieved through applying the three functions of the deliberative system—epistemic, ethical and democratic —to an analysis of cooperation between different stakeholders during the work of a Polish Parliamentary Subcommittee. They are used as an evaluative tool for analysing the cooperation of MPs, members of the public and representatives of the government. The paper analyses a concrete (...) example of the work of the Permanent Subcommittee on the government bill amending the Act on Public Benefit Activity and Voluntary Work in the Polish Parliament. This concrete example is presented as a model of good practices when it comes to deliberative cooperation between representatives of the authorities and citizens aiming at the development of shared practical judgement. The paper consists of three parts. In the first, a systemic approach to deliberative democracy is briefly introduced, and the history of the work on the bill is outlined. The main part consists of an analysis of the three speeches of three main stakeholders in the legislative process, from the perspective of their view of legislative deliberations, and in terms of the three functions of deliberative system. In the conclusions, four main issues are analysed with reference to the presented legislative deliberations: 1. Legislative committees as mixed deliberative spheres; 2. Internal/external deliberation; 3. The distinction between stakeholders/ordinary citizens; and 4. Deliberative stance/deliberative mindset. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between economic actors (...) could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

How does public discussion contribute to the reasonableness with which power is exercised in a democracy? Contemporary answers to this question (such as formulated by Rawls or Habermas), are often based upon two interconnected preconceptions. These are, 1. the idea that the value of public discussion lies primarily in the fact that citizens can reach a reasonable consensus through argumentation and discussion and, 2. the belief that the exercise of power is legitimate only if it is determined by a reasonable (...) consensus among citizens. In this sense, 'reasonable consensus among citizens' eliminates, under ideal conditions, the 'autonomy' of the exercise of power. However, these ideals of democracy appear to conflict with certain aspects of democratic society; aspects, moreover, which we tend to value quite highly. I therefore advance an alternative account of the reasonableness of power in democratic societies; one which acknowledges both the characteristically unlimited scope of public discussion in democratic society and the fact that such discussion rarely or perhaps even never ends in a general consensus. In order to elucidate the democratic character of society we must explain the relationship between discussion and power in such a way that we understand both the need for discussion and the necessity of an autonomous exercise of power. (shrink)

This paper aims to provide new insights to debates on group privacy, which can be seen as part of a social turn in privacy scholarship. Research is increasingly showing that the classic individualistic understanding of privacy is insufficient to capture new problems in algorithmic and online contexts. An understanding of privacy as an “interpersonal boundary-control process” (Altman, The environment and social behavior, Brooks and Cole, Monterey, 1975) framing privacy as a social practice necessary to sustain intimate relationships is gaining ground. (...) In this debate, my research is focused on what I refer to as “self-determined groups” which can be defined as groups whose members consciously and willingly perceive themselves as being part of a communicative network. While much attention is given to new forms of algorithmically generated groups, current research on group privacy fails to account for the ways in which self-determined groups are affected by changes brought about by new information technologies. In an explorative case study on self-organized therapy groups, I show how these groups have developed their own approach to privacy protection, functioning on the basis of social practices followed by all participants. This informal approach was effective in pre-digital times, but online, privacy threats have reached a new level extending beyond the scope of a group’s influence. I therefore argue that self-determined sensitive topic groups are left facing what I present as a dilemma: a tension between the seemingly irreconcilable need for connectivity and a low threshold, on the one hand, and the need for privacy and trust, on the other. In light of this dilemma, I argue that we need new sorts of political solutions. (shrink)

Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments (...) why Catalans supposedly have to accept the Court’s authority. The article contends that two arguments—the “mutual benefit argument” and the “law and democracy” argument—will not be independently persuasive to Catalan secessionists. Instead, the Constitutional Court’s authority must ultimately be grounded in a different type of argument: the “law and order argument.” Secessionist Catalans’ supposed duty to obey the orders of the Constitutional Court is ultimately not rooted in a positive service provided by the Court, but in the disruptive effects of disobeying. That exposes an explanatory defect in Joseph Raz’s influential theory of authority, which seeks to ground authority exercises in a concept in prior reason or their capacity to make our life better. That conceptualization misses the key decisionistic element to political authority: its capacity to constitute our reasons, that is, to define the terms that give meaning to our evaluations. (shrink)

Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments (...) why Catalans supposedly have to accept the Court’s authority. The article contends that two arguments—the “mutual benefit argument” and the “law and democracy” argument—will not be independently persuasive to Catalan secessionists. Instead, the Constitutional Court’s authority must ultimately be grounded in a different type of argument: the “law and order argument.” Secessionist Catalans’ supposed duty to obey the orders of the Constitutional Court is ultimately not rooted in a positive service provided by the Court, but in the disruptive effects of disobeying. That exposes an explanatory defect in Joseph Raz’s influential theory of authority, which seeks to ground authority exercises in a concept in prior reason or their capacity to make our life better. That conceptualization misses the key decisionistic element to political authority: its capacity to constitute our reasons, that is, to define the terms that give meaning to our evaluations. (shrink)

Ein Topos in institutionellen Stellungnahmen zu „Genome Editing am Menschen“ ist die Forderung nach einem Moratorium. Dieses soll einerseits dazu dienen, zu einer angemessenen Risikoabklärung zu gelangen, und andererseits einer gesellschaftlichen und ethischen Diskussion hinreichend Raum zu geben, um zu entscheiden, ob die vom Moratorium betroffenen Eingriffe überhaupt grundsätzlich erwünscht sind. Dabei scheint das Moratorium eine kompromisshafte Lösung zu sein, auf die sich die Mitglieder in weltanschaulich pluralen Ethikgremien verständigen können. Die Analyse der zu Genome Editing in den Jahren 2015 (...) bis 2018 verfassten Stellungnahmen zeigt jedoch ein deutlich komplexeres Bild: Was als konsensuale Kompromissformel erscheint, stellt sich als vielfach konflikthaftes Lösungsmodell dar. Umstritten ist in den unterschiedlichen Moratoriumsmodellen der Umfang (was alles ist vom Moratorium betroffen?), die Dauer (gibt es ein konkretes Datum, bis zu dem das Moratorium gilt?), der Zweck (dient es bloß der Risikoabschätzung oder auch der ethischen und/oder gesamtgesellschaftlichen Diskussion?) und die Frage, was für eine Maßnahme am Ende des Moratoriums getroffen werden soll. Zudem ist zwischen impliziten und expliziten Moratorien zu unterscheiden und zu untersuchen, was mit dem Moratoriumsvorschlag jeweils nicht verursacht werden soll (zum Beispiel die Grundlagenforschung einschränken). Am Ende der ethischen Analyse zeigt sich, dass mit klarer bestimmten Moratoriumsforderungen ein stärkeres Bewusstsein des Aufschub-Charakters dieser spezifischen Empfehlung einhergeht. So lässt sich auch das Ethos der Verantwortlichkeit – gegenüber jetzt Lebenden sowie künftigen Generationen – besser realisieren. (shrink)

In this article we will suggest that the traditional account of the freedom of expression needs revision. The emergence of Internet media has shown that the traditional ideal of a plurality of voices does not in itself lead to fruitful public spheres. Inspired by Foucault’s interpretation of the Greek concept parrhesia we suggest that the plurality of voices should be supplemented with an ideal of courageous truth-telling. We will furthermore argue that the notion of courage has two dimensions that should (...) be taken into account. On the one hand a Derridean reading of courage brings out a disruptive and aporetic feature of courage. On the other hand, courage also needs to be articulated through some kind of goal, which in a public setting calls for a deliberative dimension. We conclude by suggesting that public spheres with courageous truth-telling will facilitate societies in which strong voices and opinions are continuously challenged by less strong voices. (shrink)

Reading the Communist Manifesto against the contemporary background of massive unemployment, the author argues that Marx's theory of work is no longer adequate to tackle the problem of `workers without work' and suggests that it has to be reformulated in such a way that its normative intuitions and its critical impulses can be maintained. In the first part, he presents a philosophical critique of Marxism that is inspired by Jürgen Habermas and Hannah Arendt. In the second part, he presents a (...) sociological critique of Marxism and argues that the theory of the alienation of work implies a justification of work and the work society. Finally, in the last part, the author presents an ideological critique of Marxism that is inspired by Marcel Mauss' sociology of the gift. Criticising the contractualist assumptions of workfare solutions, he proposes a package solution for a radical decommodification of the labour market by means of a disjunction of income and work. (shrink)

In this article I lay out Kenneth Baynes's interpretation of Habermas's social and political philosophy, and develop three lines of criticism. The first concerns the question of whether, and if so in what respect, Habermas's political theory counts as a critical social theory. I argue that it is not clear in what sense Habermas's political theory is a ‘critical’ social theory, and that Baynes's interpretation throws little light on this issue. The second related issue is to what extent it can (...) be fairly claimed that on Habermas's account of democracy, political legitimacy rests on a “core morality”. While there is a possible reconstruction of Habermas along these lines, I argue that it conflicts with the central tenets of Habemras's political theory. Finally, I question whether Baynes is right to align Habermas's ideal of public reason so closely with Rawls's. (shrink)