In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...) of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (shrink)

This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces (...) in such a way that they cannot be said to have acted freely. Yet as traditionally presented it was possible for its opponents to interpret this challenge as an incompatibilist position within the traditional free will/determinism debate, and to present compatibilist arguments against it—in particular, that the determinist challenge is unmotivated and has implausible implications. It is argued that these compatibilist objections hold only on a certain interpretation of the determinist challenge, but that this interpretation is not the only one available. Adorno’s distinctive position on freedom and determinism is presented as an alternative version of the challenge, which cannot be assimilated to the terms of the traditional compatibilist/incompatibilist disputes. This novel, ‘metacritical’ version of the determinist challenge is essentially a social–historical, not metaphysical, thesis about the moral significance of the freedom-undermining effects of modern social forms. As such, it is argued, it is invulnerable to the usual compatibilist objections, and presents a serious challenge to our criminal legal institutions. (shrink)

Adorno's moral philosophy is famously problematic. One of the main reasons for this is that it revolves around the moral addendum: a physical impulse of solidarity with suffering beings that, he argues, cannot and should not be rationalized. I show that, since this moral addendum remains vague and since Adorno's radical negativity forces him to dismiss as uncritical all other approaches to morality, he deliberately places his thought in danger of relapsing into irrationality. Most commentators therefore disagree about the manner (...) in which Adorno's references to the moral addendum can be translated into a moral theory. In this paper, I bring in some often overlooked material to form a more complete overview of the issues at hand and to adjudicate this contested area. I do this by briefly discussing Schopenhauer's moral observations on Mitleid and by focusing on Adorno's references to animal cruelty and corporeality. Although this interpretation stays close to Adorno's observations on the moral addendum, it forces us to accept that his moral philosophy is rather weak. I conclude, however, that this weakness reflects a disturbing aspect of reality and in that sense has critical value. (shrink)

Axel Honneth has had considerable success in grounding his normative social philosophy on recognitive structures, and the capacity of experiences of disrespect to stimulate “struggles for recognition.” These struggles for recognition are held to yield advances in social structure, and to expand the individual's capacity for self-realization. In this paper, I show that this account relies on a supressed dichotomy between the immediate pre-recognitive self, and the mediated self produced intersubjectively. I argue that this dichotomy persists beyond Honneth's explicit use (...) of Meadian terminology, and that Honneth relies on an unsophisticated account of mediation which, once critiqued, undermines his attempt to derive norms from recognition simpliciter. A promising alternative is found in Adorno's analysis of humanism and the category of the individual, which shows that true fidelity to the aims of humanism entails a rejection of humanism itself, as the individual is a proleptic category. (shrink)

Adorno’s commitment to anti-foundationalism generates a concern over how his ethically normative appraisals of social phenomena can be founded. Drawing on both Kohlmann and Bernstein’s account, I produce a new reading which contends somatic impulses are capable of bearing intrinsically normative epistemic and moral content. This entails a new way of understanding Adorno’s contention that Auschwitz produced a new categorical imperative. Working with Bernstein’s account, I claim that Auschwitz makes manifest the hostility of the instrumentalization of reason to the somatic (...) grounds of reason. One’s mimetic identification with the victims of Auschwitz arouses a self-preserving desire to intercede in and re-orient the progress of reason itself, for the sake of one’s own somatic integrity. In closing, I claim – contra Zuidervaart – that this reading allows us to place the ethical as primary in Adorno, without reducing the political to it. (shrink)

Adorno sees experience as intrinsically interpretative. As interpretation requires normative constraints, in order to guide and channel this interpretative engagement, this opens the question of how experience acquires its motivating criteria. If experience is from the first criterially structured, how are these criteria acquired? Moreover, as these criteria are acquired in isolation from experience – as they are the precondition of that experience – are these criteria sensitive to the particularity of the experiences they produce? In order to address these (...) questions, and the problems they threaten to create for Adorno’s epistemology, I look at Adorno’s theory of impulse and cognition. I argue that Adorno grounds the criterial structure of experience and reason in self-preservation. This provides both a motivation and a determining constraint on the criterial structure of experience. It is also a determining influence which is epistemically flexible and compatible with Adorno’s project of tracing .. (shrink)

This paper aims to demonstrate the contemporary relevance of Adorno’s thought for business ethicists working in the critical tradition by showing how his critique of modern social life anticipated, and ofers continuing illumination of, recent technological transformations of capitalism. It develops and extrapolates Adorno’s thought regarding three central spheres of modern society, which have seen radical changes in light of recent technological developments: work, in which employee monitoring has become ever more sophisticated and intrusive; leisure consumption, in which the algorithmic (...) developments of the culture industry have paved the way for entertainment products to dominate us; and political discourse, in which social media has exacerbated the anti-democratic tendencies Adorno warned of in the mid-twentieth century. We conclude by presenting, as a rejoinder to these developments, the contours of an Adornian ethics of resistance to the reifcation and dehumanisation of such developments. (shrink)