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- Lawrence B. Solum (1989). Freedom of Communicative Action. Northwestern University Law Review 83 (1):54-135.The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal behavior through rational understanding. Communicative action is distinguished from strategic action--the use of communication to manipulate, deceive, or coerce. Part I offers an introduction. Part II outlines a hermeneutic approach to interpretation of the First Amendent. Part III explores and criticizes existing theories of the freedom of speech. Part IV explicates Habermas's theory of communicative action. Part V developes a theory of the freedom of expression based on Habermas's theory of communication. Part VI applies that theory to particular problems in free speech doctrine. Part VII draws some conclusions about the implications of this exercise for the development of doctrine and the theory of communicative action. "Freedom of Communicative Action" was published in 1989, and some of the views expressed in the article are no longer affirmed by the author.
Similar books and articles
In this article, I consider the moment where speech becomes violent because it wants to name at any price - something that can be felt as a desire in speech, a tension of creation and destruction. I discuss Habermas' theory of communicative action and the propositional conception of truth that underpins it. That conception of truth can be contrasted to the theory of truth as event, as it has been developed by Alain Badiou. A similarity between Badiou's theory of truth and the latent utopianism of Adorno's negative dialectics shows that, for contemporary philosophy, the first phase of Frankfurt School theorising remains important. A philosophy that is able to 'motivate and guide the will' (Habermas) needs to include a non-propositional conception of truth; only with a non-propositional conception of truth can we articulate what is involved in communicative violence and come to understand what the place of what cannot be said is, in thought as well as in private, social and political life.
Habermas claims that the concept of ?communicative action? can be explained by illocutionary acts alone. It appears tó me that his explanation collapses into a sort of intentional theory (2[i]). Habermas maintains further that a speech act consists of three components which are ?correlated? to three worlds and to three validity claims. However, he also seems to mean that all worlds and validity claims are correlated to just one; the so?called propositional component. One consequence is that the propositional content, not the illocutionary act, determines the main mode of at least some speech acts. Another is that the T as used in an expressive speech act will occur in the propositional part of the act and not, as claimed by Habermas, in the performative sentence (2[iii]). In 2(ii) two other problems concerning Habermas's view on the concept of ?I? ('the subject') are discussed.
Even though the concept of a 'validity claim' is central to Habermas's theory of communicative action, he has never given a precise definition of the term. He has stated only that truth is a type of validity claim, and that rightness and sincerity are analogous to truth. This paper explores the basis of this analogy, arguing that rightness and sincerity must share at least two characteristics with the truth predicate: each must be the designated value in an appropriate system of logic, and each must serve as the 'central notion' in a theory of meaning for some corresponding class of speech acts. It is these two characteristics that establish the internal connec tion between understanding and justification that Habermas's more general project requires. However, there is an unnoticed tension between these two characteristics, since the relative autonomy of linguistic meaning from specific contexts of use appears to require that speech acts be governed by a uniform logic, and thus by a single validity claim. Key Words: communicative action - Habermas - pragmatics - speech act theory - truth - validity claim.
Although the success of Habermas’s theory of communicative action depends on his dialogical model of understanding in which a theorist is supposed to participate in the debate with the actors as a ‘virtual participant’ and seek context-transcendent truth through the exchange of speech acts, current literature on the theory of communicative action rarely touches on the difficulties it entails. In the first part of this paper, I will examine Habermas’s argument that understanding other cultural practices requires the interpreter to virtually participate in the “dialogue” with the actors as to the rationality of their cultural practice and discuss why, according to Habermas,such dialogue leads to the “context-transcendent truth”. In the second part, by using a concrete historical example, I will reconstruct a “virtual dialogue” between Habermas and Michael Polanyi as to the rationality of scientific practice and indicate why Habermas’s dialogical model of understanding based on the methodology of virtual participation cannot achieve what it professes to do.
This book offers an excellent analysis of Habermas’s theory of communicative action. It has two distinct but complementary focuses. In the first part, the conception of communicative rationality at the basis of Habermas’s theory of action is confronted with the conception of instrumental rationality that is predominant in the social sciences: rational choice theory. The main focus of this analysis is to evaluate the plausibility of one central claim of Habermas’s theory, namely, that communicative rationality is irreducible to instrumental rationality and thus constitutes a necessary element of a general theory of rationality. Although Heath’s analysis confirms the correctness of Habermas’s claim, it does so on the basis of a command of decision and game theory, the sophistication of which goes well beyond anything that Habermas himself (and most of his commentators) have so far actually provided. This is undoubtedly one of the most important achievements of the book. For it offers the so far missing argumentative step from the intuitiveness of Habermas’s irreducibility claim to a careful demonstration of what it is exactly about linguistic communication that cannot be modeled instrumentally. Moreover, this careful demonstration includes a very interesting and equally sophisticated analysis of the implications of Habermas’s theory for the philosophy of language, which so far has received too little attention by most of Habermas’s commentators.
There is an underlying idea of symmetry involved in most notions of rationality. From a dialogical philosophical standpoint, however, the symmetry implied by social contract theories and so-called Golden Rule thinking is anchored to a Cartesian subjectobject world and is therefore not equipped to address recognition at least not if recognition is to be understood as something happening between subjects. For this purpose, the dialogical symmetry implied by Habermas' communicative action does a much better job. Still, it is insufficient to embrace those kinds of recognition that are dependent on asymmetry and concrete difference. This article explores how communicative action could meet the demand of recognition by investigating a complementary source of validity in communicative rationality, apart from Habermas' validity claims, in which inter is better characterized as mutuality than as symmetry. By recognizing both sources of validity, communicative action can open the door more fully to all aspects of recognition without giving up its universal pragmatic core. Key Words: communicative action communicative rationality discourse ethics Jürgen Habermas Axel Honneth recognition universal pragmatics.
Erling Skjei's criticisms (Inquiry 28, this issue) of my account of communicative action in The Theory of Communicative Action are based on a misunderstanding of the role of the analysis of speech acts in that work. I begin by restating the terms of my analysis, and after dealing with Skjei's objections to my claims for the explanatory power of illocutionary acts, draw attention to a problem with imperatives that I haven't yet done justice to.
The out?dated intentionalistic assumptions manifest in Habermas's Theory of Communicative Action undermine a solution to the problem of order in action theory beyond utilitarianism. An analysis of his intersubjectivistic conception, which is based on the theory of the speech?act, shows that the incompleteness of Habermas's linguistic turn is due to his attempt to revive the older Critical Theory's concept of critique. The claims for a scientifically well?founded revival of a universal concept of reason ? which are asserted in this concept ? invalidate the intersubjectivistic paradigm in action theory and therefore obstruct the way to a de?individualized formulation of the theory of social contract that avoids the paradox of utilitarian models.
This paper gives an account of communicative action from the point of view of communication as a cooperative enterprise. It is argued that this is communication both on the basis of shared collective goals and without them. It is also argued that people can communicate without specifically formed illocutionary communicative intentions. The paper concludes by comparing the account given in the paper with Habermas’s theory of communicative action.
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From a certain perspective, Habermas's theory of communicative action is a response, in extension of Mead, Schutz, and Parsons, to the risk of dissension posed by double contingency. Starting from double contingency, both The Theory of Communicative Action and Between Facts and Norms are essentially an elaboration of a solution to this problem in terms of a more fully developed theory of communication than had been available to his predecessors. Given the intense concentration and the immense expenditure of energy on the working out of the coordinating accomplishments and structures required by the complex solution envisaged by him, it is unsurprising that Habermas overlooks the next most important problem intermittently raised by the theory of communicative action, namely, the problem of "triple contingency," that is, the contingency that the public brings into the social process. This has far-reaching implications for Habermas's place in the sociological tradition and for the relation of the younger generation to him. Because of his continued search for a solution to a problem posed in the classical phase of sociology and his concomitant failure to develop the new problem that he himself raised in the course of so doing, he can be classified with Parsons as being a neoclassical sociologist. He nevertheless bequeaths a serious problem to contemporary sociology.
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