This paper argues that transcendental phenomenology (here represented by Edmund Husserl) can accommodate the main thesis of semantic externalism, namely, that intentional content is not simply a matter of what is ‘in the head,’ but depends on how the world is. I first introduce the semantic problem as an issue of how linguistic tokens or mental states can have ‘content’—that is, how they can set up conditions of satisfaction or be responsive to norms such that they can succeed or fail (...) at referring. The standard representationalist view—which thinks of the problem in first-person terms—is contrasted with Brandom’s pragmatic inferentialist approach, which adopts a third-person stance. The rest of the paper defends a phenomenological version of the representationalist position (seeking to preserve its first-person stance) but offers a conception of representation that does not identify it with an entity ‘in the head.’ The standard view of Husserl as a Cartesian internalist is undermined by rejecting its fundamental assumption—that Husserl’s concept of the ‘noema’ is a mental entity—and by defending a concept of ‘phenomenological immanence’ that has a normative, rather than a psychological, structure. Finally, it is argued that phenomenological immanence cannot be identified with ‘consciousness’ in Husserl’s sense, though consciousness is a necessary condition for it. (shrink)

The fractious but potentially fruitful dialogue between legal history and legal theory has been the subject of much recent scholarly attention. Despite this, instances of meaningful engagement over the role of history in legal theorising remain scarce. This is particularly true in respect of normative theorising—the difficult but crucial tasks of critiquing and reforming law—where history is frequently considered to play a relativising role that threatens to destabilise strong evaluation. In this article, I argue that in order to advance the (...) dialogue it is essential to look beyond disciplinary differences and instead focus on the divide between immanence and transcendence, which arises within and also between legal history and legal theory. Reorienting our attention in this way discloses important sources of dissonance but also points towards significant opportunities for cooperation; it is therefore an essential first step in the pursuit of meaningful dialogue, either critical or collaborative. (shrink)

When we criticize social institutions and practices, what kinds of reasons can we offer for such criticism? Political philosophers often assume that we must rely on universal moral principles that are not necessarily connected to the particular social practices of our communities. Traditionally,continental critical theory has rejected this claim through its endorsement of the method of immanent critique. Immanent critique is a critique of social practices that draws on norms already present within these practices to demand social change, (...) rather than merely conservatively reproducing them. This book defends the claim that such a critique is not only possible, but also has politically powerful potential. Taking up recent developments in analytic collective intentionality theory and in the philosophy of language, the book argues that all social practices rest on structures of mutual recognition between persons that allow social theorists to reconstruct hidden norms present within these practices. Starting from a comprehensive critique of contemporary critical theory, the book also spells out the consequences of this line of thought for the practice of social critique, for the social sciences and for political philosophy. (shrink)

Critical theories often express scepticism towards the idea that social critique should draw on general normative principles, seeing such principles as bound to dominant conceptual frameworks. However, even the models of immanent critique developed in the Frankfurt School tradition seem to privilege principles over particular moral experiences. Discussing the place that particular moral experience has in the models of Honneth, Ferrara and Adorno, the article argues that experience can play an important negative role even for a critical theory that (...) is committed to the necessity of conceptual mediation, as moral experiences can undermine our confidence in the appropriateness of our moral concepts. Building on McDowell’s account of moral perception and Brandom’s interpretation of Hegel’s theory of experience, one can reconstruct Adorno as providing a “radically negativist” approach to immanent critique that takes particular moral experience seriously. (shrink)

I begin by identifying an ambiguity in the post-Hegelian literature on Immanent Critique, distinguishing two possible definitions: judging an object against its ‘internal’ norms; and accounting for one’s own standpoint with reference to the object. I then claim that both definitions are represented in Hegel’s Phenomenology, and develop extended interpretations of material from the Introduction in order to clarify and substantiate this thesis. This yields revisionist readings of the famous ‘internal criteria’ and ‘self examination’ tropes. My discussion builds towards (...) elucidating the relation between the two definitions of Immanent Critique I have distinguished, as it is developed in the Phenomenology. (shrink)

The article is focused on Honneth’s teleology of history, presented as a historical process of gradual realization of an immanent normative ‘telos’, and not only as a form of axiological evaluation...

This article develops, illustrates, and defends a conception of immanent critique. Immanent critique is construed as a form of hermeneutical practice and second-order political and normative criticism. The common charge that immanent critique is a form of philosophical conventionalism necessarily committed to value relativism and to the rejection of transcultural and cosmopolitan norms is denied. But immanent critique insists that meaningful and potentially efficacious criticism must be connected to relevant criteria and understandings internal to the culture (...) or social order at which the criticism is directed. The complaint that this demand will likely limit political and moral criticism is also denied, and the ability of immanent critique to develop from convention unconventional thinking is defended and demonstrated. (shrink)

This working paper examines the notion of "immanent critique", a central methodological commitment of critical theories of society. In the first part, I distinguish immanent critique - a critique which reconstructs norms immanent in a social practice which point beyond the normative self-understanding of its members - from both external and internal critique and examine three questions that a theory of immanent critique has to answer (a social ontological, an epistemological and a justificatory question). After surveying (...) some of the classic accounts of immanent critique in part two, I then distinguish two varieties of immanent critique, a hermeneutic and a practice-theoretic approach. Drawing on theories in recent analytic philosophy, I finally argue for a practice-theoretic approach to immanent critique that locates the relevant norms in a practice constituted by mutual recognition. (shrink)

More women are currently incarcerated than at any other time in US history. Though the United States has begun to acknowledge mass incarceration as an international embarrassment, the discourse has centered on men of color, and the experiences and consequences of US mass incarceration for women of color have been largely ignored. This is the case in spite of a now strong mainstream, institutionalized movement to end violence against women, and a growing prison reform movement ostensibly meant to help vulnerable (...) women. This paper uses the method of immanent critique to explain why women of color have been left behind by reform strategies, and to make a normative argument for abolitionist strategies. I use Beth E. Richie’s analysis of the failure of the feminist anti-violence movement to protect poor women of color, to expose the contradictory circumstance that turns “public safety” and “anti-violence” against the women they claim to protect, and to argue that reform is not enough. (shrink)

Immanent critique has been a defining feature of the programme of critical social theory. It is a methodology that underpins theoretical diagnoses of contemporary society, based on its linking normative and empirical modes of analysis. Immanent critique distinctively seeks to discern emancipatory or democratizing tendencies. However, the viability of immanent critique is currently in question. Habermas argued that it was necessary to revise the normative foundations of critical social theory, late-capitalist developments tended to undermine immanent critique. (...) Although there is a need for critical social theory to incorporate aspects of alternative interpretations of the contemporary period, the logics of influential theoretical perspectives on the present, especially postmodernism, the risk society and globalization, will be shown to be inconsistent with some of immanent critique's presuppositions. The synthetic aspirations of critical social theory nevertheless persist in recent attempts to reconcile positive liberty and social justice. (shrink)

The article argues that Honneth’s idea of reconstructive critique represents a type of immanent critique. Starting from the objection raised by Rahel Jaeggi, who considers the reconstructive critique to be a genre of internal criticism devoid of any transformative negativity, it seeks to show, on the contrary, that Honneth’s notion of “surplus of validity” plays a role of transcendence within the historical reality, which could explain his understanding of reconstructive critique as immanent one. In the second part, the (...) paper displays how Honneth applies this conception of critique to solve the division within Critical Theory, induced by Habermas’s use of the idea of rational reconstruction, which would have split off the tasks of founding the normative criteria and discovering immanently elements for the social transformation. In the third part, the category of surplus of validity is investigated in its function of enlightening possibilities of transformation following an “universal-particular dialectic”. In its final part, the paper addresses some conceptual difficulties in Honneth’s attempt to clarify the systematic value and philosophical meaning of the surplus of validity within the framework of normative reconstruction. (shrink)

This article argues for a viable genealogical approach within critical theory that could settle the questions regarding normative viability of such critique. Then, the implications of the normative inheritance implied lead to the pairing of Jaeggi’s conceptualization and critique of forms of life with Rosa’s dual diagnosis of (late) modernity through the structural lenses of genealogy as tridimensional endeavor posed by Saar. In the end, the final argument is that a genealogical critique in these terms could be the next step (...) towards the revitalization of decolonial studies and a path for direct political action. (shrink)

When it comes to social criticism of the economy, Critical Theory has thus far failed to discover specific immanent norms in that sphere of activity. In response, we propose that what is needed is to double down on the idealism of Critical Theory by taking seriously the sophisticated structure of agency developed in Hegel’s own account of freedom as self-determination. When we do so, we will see that the anti-metaphysical gestures of recent Critical Theory work in opposition to its (...) attempts to develop immanent critique. In this paper we first briefly reconsider Axel Honneth’s project as it concerns economic institutions and then respond by returning to the problem of freedom and articulating a view according to which the problem of individual self-determination and the problem of social production are the same problem seen from different angles. Then we present briefly Hegel’s own social theory from this perspective before moving on to trace the outlines of such a critical theory of contemporary capitalism. (shrink)

ABSTRACT This article investigates social critique in Thucydides’ History of the Peloponnesian War. Two famous Thucydidean episodes are in focus: the Mytilenean Debate in Book III and the Melian Dialogue in Book V of the History. These episodes are interpreted here as inquiries assuming the shape of subversive and transformative social criticism: immanent critique. Immanent critique aims at shifting horizons of meaning in social contexts, and the philosophers practicing this kind of social criticism understand themselves as physicians of (...) a failing society. In Thucydides’ work, a particular object of criticism is formed by varying dominant social and moral ordering principles. In the Mytilenean Debate, it is the principle of expediency that rules, whereas in the Melian Dialogue the governing normative ordering principle is that of safety and survival. In each episode, a contending perspective is introduced for the purpose of undermining the dominating principle. (shrink)

Drawing on resources from pragmatist thought allows religious ethicists to take account of the central role traditions play in the formation and development of moral concepts without thereby espousing moral relativism or becoming traditionalists. After giving an account of this understanding of the concept of tradition, I examine the ways in which understandings of tradition play out in two contemporary examples of tradition-based ethics: works in comparative ethics of war by James Turner Johnson and John Kelsay. I argue that a (...) pragmatist approach to tradition-based ethics allows for a nuanced and flexible understanding of moral traditions, and one that holds great promise for international consensus-building around shared ethical norms for the use of armed force. (shrink)

The tradition of immanent critique promises a lot. It promises to be critical of the existing social order without appealing to ‘external’ normative standards. I argue that the prospects for immanent criticism are bleak: they must either commit to an implausible social ontology, a flawed meta-normative theory, or both.

The essay is a critical revision of various of Marx’s approaches in his analysis of capitalism in “Das Kapital”. One can distinguish immanent, normative critiques from transcendental and objectivistic ones. The review of the normative standards used in each case leads to the questions of how Marx determined and used the relationships of justice and law and the capitalist mode of production. Orthodox Marxist views (most recently C. Menke) claim that Marx did not criticise capital as unjust and understood (...) the law of capital only as private law that stabilised domination. Against this, it is shown that he certainly bases his “critical presentation” on an (almost Kantian) constitutional (“rechtsstaatliches”) concept of private law and public law. Thus the “popular prejudice” of “human equality”, defined by Marx as an epochal and systematic condition of the capitalist exchange of goods, becomes apparent as a covert reference to the historical (America, French Revolution),public-lawdeclarations of human rights. And in the chapter “Struggle for the length of the working day” Marx presents the decisions of this dispute between “equal rights” first and foremost in the systematic historical actions of the constitutional powers (legislature, executive and judiciary). At the same time, however, he attempts to ironise and defame this public-law and deliberative, democratic dispute and then to misinterpret it as a violent “civil war”. Because Marx in his further presentation ignores this legal-democratic dispute, including a potential human-rights critique and (possible!) future regulation of capitalism, focussing instead on objectivist concepts of history and development, he can only insufficiently grasp the still challenging relationship between democracy and capitalism. (shrink)

I argue that Diogenes and early Cynicism can be understood in an explicitly social and political context, where Cynic praxis, performative public action, can be seen to make visible oppositions inherent to the polity. In doing so, Diogenes’ praxis should be understood as a form of immanent critique, one that demonstrates, for example, that nature and custom are interrelated oppositions in the polis. Cynicism here is understood as a form of immanent critique because Diogenes challenges the social norms (...) of the polis without endorsing external universal standards or predetermined models, but from illuminating dynamics from within the polis and polity. (shrink)

I suggest that the post-Hegelian tradition presents us with three contrasting normative models of work. According to the first model, the core norms of work are those of means-ends rationality. In this model, the modern world of work is constitutively a matter of deploying the most effective means to bring about given ends. The rational kernel of modern work, the core norm that has shaped its development, is on this view instrumental reason, and this very same normative core, in the (...) shape of advanced technology and more efficient, time-saving production, can help to liberate it. The second model, by contrast, takes the core norms of work to be internal to working activity. Rather than work gaining its normativity from something external to it, from ends to which the work is a contingent means, on this second view the core norms of work are expressions of values or meanings that are immanent to working practices themselves. The expressive model of work regards the actual world of work to be constituted historically by work-specific norms, norms which working subjects themselves have invoked and mobilised around in the course of their struggles for emancipation. According to the third model, the core norms of work have to do neither with instrumental rationality nor authentic self-expression. Rather they concern norms that relate either to individual achievement or contribution through work (in the form of esteem) or to the conditions that must in place for individuals to participate in the exchange of services by which market societies reproduce themselves (in the form of mutual respect). (shrink)

According to Jürgen Habermas, his Theory of Communicative Action offers a new account of the normative foundations of critical theory. Habermas’ motivating insight is that neither a transcendental nor a metaphysical solution to the problem of normativity, nor a merely hermeneutic reconstruction of historically given norms, is sufficient to clarify the normative foundations of critical theory. In response to this insight, Habermas develops a novel account of normativity, which locates the normative demands of critical theory within the socially (...) instituted practice of communicative understanding. Although Habermas has claimed otherwise, this new foundation for critical theory constitutes a novel and innovative form of “immanent critique.” To argue for and to clarify this claim, I offer, in section 1, a formal account of immanent critique and distinguish between two different ways of carrying out such a critique. (shrink)

Much of cognitive science seeks to provide principled descriptions of various kinds and aspects of rational behaviour, especially in beings like us or AI simulacra of beings like us. For the most part, these investigators presuppose an unarticulated common sense appreciation of the rationality that such behaviour consists in. On those occasions when they undertake to bring the relevant norms to the surface and to give an account of that to which they owe their legitimacy, these investigators tend to favour (...) one or other of three approaches to the normativity question. They are the analyticity or truth-in-a-model approach; the pluralism approach; and the reffective equilibrium approach.All three of these approaches to the normativity question are seriously flawed, never mind that the first two have some substantial provenance among logicians and the third has enjoyed a flourishing philosophical career.Against these views, we propose a strong version of what might be called normatively immanent descriptivism. We attempt to elucidate its virtues and to deal with what appears to be its most central vulnerability, embodied in the plain fact that actual human behaviour is sometimes irrational. (shrink)

Globalization and a Normative Framework of Freedom The author considers the question of whether or even what normative structure of social order is able to encourage the advancement of the measure of positive liberty in the process of globalization. Related to this is the issue of the insufficiency of guarantees provided by orthodox liberalism for human self-determination. The author considers possible scenarios as to the way in which an elite cosmopolitan minority, profiting from globalization and feeling no responsibility for the (...) majority left to its own fate, would pursue its own interests. The ideas of Ralf Dahrendorf concerning the global rule of law in the name of freedom and the need for international law are referred to. Globalization is occurring just as Marx intuitively predicted: capitalism becomes the bearer of hidden immanent self-destructive mechanisms. In conclusion, the author's hypothesis is that the new era of law in the 21st century will ensure that certain civilization legal norms become natural or customary. (shrink)

In this paper, I argue that an implication of the so-called ‘death of metaphysics’ is the imbrication of the normative and descriptive understandings of morality. This imbrication gives rise to a paradox, which amounts to the desire to refute both a priori moral justifications, and ‘the tyranny of the real’ or the socialisation and relativisation of our moral assertions and positions. I investigate three responses to this paradox, namely the pragmatic response, Jacques Derrida’s deconstructive response, and the ante-philosophical response, which (...) is based on the work of Jean-Luc Nancy. The reason for focusing on these three philosophical positions is that they all espouse an immanent view of morality. Through means of this analysis, I attempt to highlight the following implications of an immanently-defined moral position: the constitutive, as opposed to the pedagogical or prescriptive, nature of philosophy; the increasing focus on the performative force of doing philosophy and the importance of philosophical skill; the problematic nature of the distinctions between philosophy, moral theory, and applied ethics, and therefore also between the nature and function of morality; and the status of philosophy and moral theory as one type of praxis amongst many, rather than the definitive voice on praxis. (shrink)

Abstract:Taking up the question of style, I argue that this term provides a generative framework for reassessing the historical challenges of feminist writing and politics. To develop my argument, I read Judith Butler's philosophy alongside Denise Riley's poems, historical criticism, and philosophical prose, proposing that both writers are inventive participants in the tradition of immanent critique. I demonstrate how feminist questioning of linguistic conventions and social norms is enfolded in Butler's paratextual reflections on philosophical grammar and in Riley's poetic (...) and theoretical efforts to acknowledge her uneasy relationship to lyric. Any dialogue between philosophy and poetry returns us to the longstanding debate about the value of these respective disciplines. I conclude by proposing that Riley and Butler encourage us to consider that each demands the other as a supplement—a necessity that emerges from the need to account for the collective life in which language is embedded. (shrink)

Normative reconstruction is a form of immanent critique which judges society in terms of values which are already institutionalized and implicitly expressed across everyday forms of interaction. Honneth, for his part, reads the value of social freedom into the normative grammar of modern institutions and anticipates further advances towards its institutionalization. Many have voiced doubts over the extent to which the model of normative reconstruction which Honneth proposes is solidly anchored in social reality: at worst, it is argued, this (...) reality is resistant to reconstruction in terms of the value of social freedom; at best, it is too susceptible to multiple readings to allow for such a reconstruction. I seek to respond to these charges, while also testing the reach of Ricoeur’s understanding of the philosophical anthropological idea of indebtedness to the past, by following up on Honneth’s appeal to a horizon of social memory in response to his own uncertainties over the viability of normative reconstruction. More generally, I seek to arrive at a better understanding of the capacity of memory to orientate social critique within a shifting historical landscape. (shrink)

Has the renewal of interest in the ostensible agency of living beings signaled an advance from a merely heuristic Kantian sense of purposiveness to an unequivocally, empirically grounded research program or are there as yet hidden tensions or contradictions in, for example, the organizational autonomy approach to natural agency? Can normativity be found to be immanent in nature but only beginning with the living cell or must a thoroughgoing naturalism find the seeds of normativity immanent throughout (...) abiotic as well as biotic nature? Beginning with a brief exposition of Kant´s influential treatment and recommendation for how to methodologically combine what he took to be the inevitable epistemological limit to explaining the origins of ostensible biotic purposefulness with the legitimate intentions of scientific research and explanation, this essay will critically engage with three recent essays that attempt to grapple with the preceding questions. Having putatively raised questions about the consistency and adequacy of each of the individual positions, the essay will attempt to move synthetically, drawing upon aspects of all three contributions, in the direction of a “cooperativity theoretic” approach to incipient natural normativity and agency. (shrink)

What follows is an attempt to interpret Hegel’s Introduction to thePhilosophy of Rightin a way that explores the thesis of reason’s social character in light of the recent debate on Hegel’s theory of practical normativity. The discussion aims to highlight Hegel’s commitment to a ‘reconstructive’ version of the ‘immanent transcendence’ motive of Critical Theory and, more generally, to a programmatic critique of ‘deficient’ rationality and its effects on practice.

Hans Kelsen refused to develop a democratic theory of the basic norm. Given that he expounded a strong distinction between law and politics as two separate scientific disciplines he consistently argued against any attempt to politicize legal science and corrupt its object of cognition. As a result, there has been very little discussion of the basic norm in relation to his democratic theory. This article attempts to fill this gap by tracing the relationship between the basic norm and democracy in (...) Kelsen’s legal and political writings. More precisely, it maps Kelsen’s seminal distinction between autonomy and heteronomy onto his reflections on constitutional making and probes the anti-democratic implications of his theory of the basic norm as they undermine the normative foundations of democratic theory. The article concludes by addressing the question of whether it is possible to articulate a theory of the democratic ground norm, of democratic foundings with a normative content, by proposing the idea of an immanent, performative basic norm as the source of validity of a democratic constitutional order Key Words: Hannah Arendt • basic norm • constitu ere • constitutional making • democracy • immanent norm • Hans Kelsen. (shrink)

This paper departs from the assumption that the critique of neoliberalism should not restrict itself to a criticism of an economic project. Another possible criticism of neoliberalism consists of a critique of how this specific form of life forms subjects. In this paper, we argue that a critique of a form of life is only justified in a reasonable way if it starts from the experiences of suffering produced by this form of life. As we will show, we must criticise (...) neoliberalism not because it is inadequate for solving problems, since for a specific portion of the world population it has been extremely effective, but because it causes suffering. Suffering, unlike mere unsolved problems, represents sufficient grounds for highlighting the existence of a normative problem in a form of life. According to Max Horkheimer, the first step of a critical project committed to the transformation of a form of life are the crises of the present, which are not fully understood through the theoretical tools of “problem solving” or “learning processes”, as Rahel Jaeggi resorts to in her critical theory of society. (shrink)

Hans Kelsen refused to develop a democratic theory of the basic norm. Given that he expounded a strong distinction between law and politics as two separate scientific disciplines he consistently argued against any attempt to politicize legal science and corrupt its object of cognition. As a result, there has been very little discussion of the basic norm in relation to his democratic theory. This article attempts to fill this gap by tracing the relationship between the basic norm and democracy in (...) Kelsen’s legal and political writings. More precisely, it maps Kelsen’s seminal distinction between autonomy and heteronomy onto his reflections on constitutional making and probes the anti-democratic implications of his theory of the basic norm as they undermine the normative foundations of democratic theory. The article concludes by addressing the question of whether it is possible to articulate a theory of the democratic ground norm, of democratic foundings with a normative content, by proposing the idea of an immanent, performative basic norm as the source of validity of a democratic constitutional order. (shrink)

In international law, the term "jus cogens" refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. Although the jus cogens concept has achieved widespread acceptance, international legal theory has yet to furnish a satisfying account of jus cogens's legal basis. We argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in Immanuel Kant 's discussion of the (...) innate right of children to their parents' care. Drawing on Kant 's account, our theory of jus cogens posits that states exercise sovereign authority as fiduciaries of the people subject to their power. An immanent feature of this state-subject fiduciary relationship is that the state must comply with jus cogens. The fiduciary theory clarifies jus cogens's content by generating discrete criteria for identifying peremptory norms. (shrink)

This ambitious study presents Baruch Spinoza as the most outstanding and influential thinker of modernity--and examines the question of whether he was the "first secular Jew." A number-one bestseller in Israel, Spinoza and Other Heretics is made up of two volumes--The Marrano of Reason and The Adventures of Immanence. Yirmiyahu Yovel shows how Spinoza grounded a philosophical revolution in a radically new principlethe philosophy of immanence, or the idea that this world is all there is--and how he thereby anticipated secularization, (...) the Enlightenment, the disintegration of ghetto life, and the rise of natural science and the liberal-democratic state.The Adventures of ImmanenceHere Yovel discloses the presence of Spinoza's philosophical revolution in the work of later thinkers who helped shape the modern mind. He claims it is no accident that some of the most unorthodox and innovative figures in the past two centuries--including Goethe, Kant, Hegel, Heine, Marx, Nietzsche, Freud, and Einstein--were profoundly influenced by Spinoza and shared his view that immanent reality is the only source of valid social and political norms and that recognizing this fact is necessary for human liberation.But what is immanent reality, and how is liberation to be construed? In a work that constitutes a retelling of much of Western intellectual history, Yovel analyzes the rival answers given to these questions and, in so doing, provides a fresh view of a wide range of individual thinkers. (shrink)

Jürgen Habermas’s political philosophy incorporates the view that legitimacy is immanent to law, even though it makes morality a central component of democratic legitimacy. Taking this as a startin...

It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as “Law and Social Norms” have much less difficulty in analysing the newly arising forms of private and hybrid “governance without government” from a functional perspective. While legal theory has much to learn from these approaches, we (...) argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to “law's own rationality.” We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for “legalisation” and “constitutionalisation.” As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria, and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

This article shows how, starting from Schelling and Henry, one can build a radical critique of objectification and subjectification within humanities. This critique opens the way for the construction of a point of view of immanence, which is characterized by the experimentation of a constitution of affects in a process from which proceeds the subjectivity. This point of view of immanence questions the accepted attitudes in the production of social relationships and the norms that govern them, so as to increase (...) the attention to the vulnerability of these processes and their power to transform the affects. (shrink)

This article shows how, starting from Schelling and Henry, one can build a radical critique of objectification and subjectification within humanities. This critique opens the way for the construction of a point of view of immanence, which is characterized by the experimentation of a constitution of affects in a process from which proceeds the subjectivity. This point of view of immanence questions the accepted attitudes in the production of social relationships and the norms that govern them, so as to increase (...) the attention to the vulnerability of these processes and their power to transform the affects. (shrink)

In this article, I present an interpretation of Kierkegaard’s ethics in terms of Gilles Deleuze’s distinction between immanent ethics and transcendent morality. I argue that Kierkegaard’s skepticism towards moral prescription, his emphasis on the single individual as the basis of normative evaluation, and his view of Christianity as somehow “beyond” the scope of moral obligation are all functions of a Deleuzian conception of immanent ethics as a non-moralistic form of normativity. On this basis, I argue for two (...) conclusions: first, that Kierkegaard’s work is better understood through this frame-work than through either aretaic or deontological frameworks; and second, that Deleuzian ethics is better served by Kierkegaardian illustrations like patience and stillness, than by the tropes of destruction that are often associated with it. Dans cet article, je présente une interprétation de l’éthique de Kierkegaard du point de vue de la distinction deleuzienne entre l’éthique immanente et la moralité transcendante. Dans cette perspective, je soutiens que le scepticisme de Kierkegaard quant à la prescription morale, sa conception d’un christianisme « en dehors » du champ de l’obligation morale, et l’accent qu’il fait porter sur le seul individu comme étant la base des évaluations normatives, sont tous fonction d’une conception deleuzienne de l’éthique immanente, en tant que forme amorale de la normativité. Sur cette base, j’affirme deux conséquences : la première, que l’oeuvre kierkegaardienne est mieux comprise selon ce cadre que selon, d’une part, le cadre de l’éthique de la vertu, et d’autre part, le cadre déontologique. La deuxième, que l’éthique deleuzienne s’illustre mieux par les exemples kierkegaardiens, comme ceux de la patience et de la tranquillité, que par les tropes de la destruction auxquels elle est souvent associée. (shrink)

Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these approaches, (...) we argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to "law's own rationality." We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for "legalisation" and "constitutionalisation." As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria , and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

McNaughton and Rawling's anti-reductionist intentions are to be welcomed, but are not well served by their continuing adherence to a neo-Humean notion of the 'descriptive'. Their too-willing acceptance of this notion is reflected in a denial of appropriate dialectical weight to considerations about the way 'pattern' disappears from the domain of value when we try to characterize the constituent features of the latter in non-evaluative terms. The need for a satisfactory account of the immanence of value in nature is real (...) enough, but such an account can be given without recourse to the problematic idea of a class of subvenient 'descriptive' properties. Likewise, McNaughton and Rawling's recognition of 'normative facts' is to be endorsed, but such facts are a more widespread and everyday phenomenon than they would have us think. (shrink)

This essay examines Deleuze’s relation to new materialism through an engagement with new materialist claims about the human and nonhuman relation and about agency. It first considers the work of Elisabeth Grosz and then moves on to a consideration of Deleuze’s own conception of a new materialism/new naturalism. I seek to show that Deleuze is an ethically motivated naturalist concerned with an ethical pedagogy of the human, which he derives from his reading of Spinoza. I seek to illuminate some of (...) the principal features of this ethically guided materialism/naturalism and show that even in his later work with Felix Guattari, which situates all life, human and nonhuman, on a plane of immanence, there remains a recognition that the human animal is ethically distinguished as the inventive species par excellence. My main claim, then, is that Deleuze’s project cannot be aligned with a new materialism that supposes a flat ontology and that does away with an ethical distinction between the human and the nonhuman. Although Deleuze bequeaths a complex legacy to post-modern thought in his thinking about the human, it should not be supposed that he has no affinities with aspects of a humanist position and pedagogy. (shrink)

Daniele Hervieu-Léger and Marcel Gauchet explain that today the hold that the religious dimension has always exerted over human societies is, of very recent date but definitely, slackening; that it is becoming ‘hollow’ and ceases to inspire collective action, leaving henceforth wide open the question of knowing in which name we should attempt to take our destiny in our hands and base the norms of collective being. This question at once summons up another, implicitly contained in the latter: is every (...) ethical norm (or moral norm, for we are not making a distinction between the two concepts here) ultimately religious in origin, as is most often supposed, or can one in fact conceive of sketching the outlines of a moral code that is immanent within the social relationship, a moral code that is sufficiently coherent and self-consistent to do without, at least in theory, a religious-type transcendence? Here, I should like to make a case for the second response by emphasizing that religion - whatever meaning one bestows on this notion, still undefined today - does not constitute the primary, irreducible social and historical fact that is most often supposed, but that it should itself be interpreted as the formulation of a more original and more universal formulation: the threefold obligation of giving, receiving, and repaying distinguished by Marcel Mauss in his famous Essay on the Gift. Of course, I shall not claim here to do more than sketch a few possible lines of argument. But even before formulating them, I must call to mind two prejudicial objections that my argument has encountered. (shrink)

Although Rousseau substitutes the norm of political law for that of natural law, his position cannot be assimilated to either positivism or to pure proceduralism. The norm of justice, immanent in the social contract, produces a norm external to all established order and makes assessing the justice of societies possible. If consent is legitimate only on the condition of real reciprocity, then the limits of consent lie in the fact that what is lost cannot be compensated or restituted through (...) any other form. The rights of humanity can then be defined as the inalienable rights of every individual: the rights to life and to equal freedom. This contribution will define the right of resistance which can be conceived from the rights of humanity, as well as the contesting attitudes of the established order that Rousseau conceives. (shrink)

Daniele Hervieu-Léger and Marcel Gauchet explain that today the hold that the religious dimension has always exerted over human societies is, of very recent date but definitely, slackening; that it is becoming ‘hollow’ and ceases to inspire collective action, leaving henceforth wide open the question of knowing in which name we should attempt to take our destiny in our hands and base the norms of collective being. This question at once summons up another, implicitly contained in the latter: is every (...) ethical norm (or moral norm, for we are not making a distinction between the two concepts here) ultimately religious in origin, as is most often supposed, or can one in fact conceive of sketching the outlines of a moral code that is immanent within the social relationship, a moral code that is sufficiently coherent and self-consistent to do without, at least in theory, a religious-type transcendence? Here, I should like to make a case for the second response by emphasizing that religion - whatever meaning one bestows on this notion, still undefined today - does not constitute the primary, irreducible social and historical fact that is most often supposed, but that it should itself be interpreted as the formulation of a more original and more universal formulation: the threefold obligation of giving, receiving, and repaying distinguished by Marcel Mauss in his famous Essay on the Gift. Of course, I shall not claim here to do more than sketch a few possible lines of argument. But even before formulating them, I must call to mind two prejudicial objections that my argument has encountered. (shrink)

ABSTRACT This article critically examines Axel Honneth’s account of social freedom by paying particular attention to the conceptual apparatus of normative reconstruction that is supposed to lend social freedom its explanatory force. More specifically, the article demonstrates, through an immanent critique, that Honneth is unable to follow through with his ambitious view of the capitalist market as an institutional expression of social freedom. Furthermore, Honneth’s inability to derive robust relations of cooperative solidarity from the actuality of contemporary liberal democratic (...) ethical life leads him to posit socialism as a regulative idea. Honneth’s idea of socialism risks succumbing to the very pitfalls that he continues to associate with neo-Kantian proceduralism. Such an aporia poses a particular challenge for Honneth’s attempt at advancing a persuasive neo-Hegelian alternative to neo-Kantian proceduralism. As a means of addressing this aporia, I suggest a possible strategy that Honneth could adopt to retrieve his historically informed and radically reformist conception of justice without unwittingly rendering socialism a purely regulative idea. Such a strategy involves re-Hegelianizing Honneth’s socialism and the idea of social freedom that it seeks to actualize. (shrink)

This collection demonstrates the strong influence that humanism and freethought had in developing the history and ideals of black intellectualism. Most people are quick to note the profound influence that religion has played in African-American history: consoling the downtrodden slave or inspiring the abolitionists, the underground railroad, and the civil rights movement. But few are aware of the role humanism played in shaping the black experience: developing the thought and motivating the actions of powerful African-American intellectuals. Section One of this (...) book offers biographical sketches of such prominent black humanists as Frederick Douglass, Cheikh Anta Diop, W.E.B. DuBois, Hubert H. Harrison, and Richard Wright. Section Two features essays by black humanists: Douglass, DuBois, Charles W. Faulkner, Langston Hughes, Zora Neale Hurston, Ishmael Jaffree, Claude McKay, Melvin B. Tolson, and Bruce Wright. Section Three offers the views of contemporary black African humanists: Freda Amakye Ansah, Emmanuel Kofi Mensah, Nkeonye Otakpor, Franz Vanderpuye, and Kwasi Wiredu. Section Four contains interviews conducted by Allen on the subjects of black humanist activism, the Afroasiatic roots of classical civilization, and the Harlem Renaissance with: Martin G. Bernal, Charles Faulkner, Leonard Harris, Norman Hill, and Alaine Locke. (shrink)