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. (shrink)
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. (shrink)
Patients with acquired brain injury present special challenges in the assessment of decision-making capacity or “competence.” Herein, we are particularly concerned with the subset of patients with ABI who have suffered damage to the frontal lobe and acquired the clinical syndrome of “organic personality disorder” sometimes referred to as “the frontal lobe syndrome” and made famous by the case of Phineas Gage. Patients with OPD undergo significant alterations of the habitual patterns of premorbid behavior and the question often arises as (...) to whether a person with such an injury retains DMC, for example, in matters pertaining to health care or the management of personal finances.The assessment of DMC... (shrink)
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. (shrink)
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. (shrink)
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’. (shrink)
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. (shrink)
If we grant that there can be no ethical validation that is external to our own ethical outlook, does this mean that we can only engage in internal piecemeal reflection, or could we still reflect on the whole of our outlook? In this paper I argue that the latter is possible, and that it is necessary if we face an ethical outlook that is wrong as a whole.
If we grant that there can be no ethical validation that is external to our own ethical outlook, does this mean that we can only engage in internal piecemeal reflection, or could we still reflect on the whole of our outlook? In this paper I argue that the latter is possible, and that it is necessary if we face an ethical outlook that is wrong as a whole.
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. (shrink)
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. (shrink)
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... (shrink)
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. (shrink)
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. (shrink)
If we grant that there can be no ethical validation that is external to our own ethical outlook, does this mean that we can only engage in internal piecemeal reflection, or could we still reflect on the whole of our outlook? In this paper I argue that the latter is possible, and that it is necessary if we face an ethical outlook that is wrong as a whole.
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. (shrink)
