Showing papers in "Philosophy & Social Criticism in 1994"
TL;DR: The authors presente la theorie soutenue par Habermas dans "Facticite et validite" comme une tentative de "reconstruction" du droit.
Abstract: L'A. presente la theorie soutenue par Habermas dans «Facticite et validite» comme une tentative de «reconstruction» du droit. Il montre qu'il existe plusieurs approches du droit qui sont relatives a la structure symbolique ou non de la societe et a la legitimite de ce droit. L'A., s'il montre les apports de cette theorie, souleve egalement quelques critiques
165 citations
TL;DR: The authors expose les tenants de la theorie de Habermas sur l'action communicative dans le cadre de ses conceptions du droit moderne vu comme rationalisation de la loi and du cadre of vie de la societe.
Abstract: L'A. expose les tenants de la theorie de Habermas sur l'action communicative dans le cadre de ses conceptions du droit moderne vu comme rationalisation de la loi et du cadre de vie de la societe
36 citations
TL;DR: Deflem as mentioned in this paper discusses the production of law through Habermas's concept of Communicative Action and its relation to modernity and modernity in criminal procedure. But this is not a discussion of the relation between facts and norms.
Abstract: Introduction - Mathieu Deflem Law in Habermas's Theory of Communicative Action How Is Valid Law Possible? A Review of /f003Between Facts and Norms/f001 by J[um]urgen Habermas - David M Rasmussen Approaching the Production of Law through Habermas's Concept of Communicative Action - Pierre Guibentif Discourse Ethics and Human Rights in Criminal Procedure - Peter Bal On Reconstructive Legal and Political Theory - Bernhard Peters Postscript to /f003Between Facts and Norms - J[um]urgen Habermas Habermas, Modernity and Law - Mathieu Deflem A Bibliography
32 citations
TL;DR: A partir de remarques sur la logique des ensembles, leur constitution en particulier, l'A. et end son propos au domaine social as discussed by the authors.
Abstract: A partir de remarques sur la logique des ensembles, leur constitution en particulier, l'A. etend son propos au domaine social. Il reflechit sur l'autonomie individuelle, ouverte ontologiquement sur autrui, et sur l'organisation fonctionnelle de la societe
27 citations
TL;DR: There is a sense in which an author first learns what he has said in a text from the reactions of his readers as mentioned in this paper, and in the process he also becomes aware of what he meant to say, and he gains the opportunity to express more clearly what he wanted to say.
Abstract: There is a sense in which an author first learns what he has said in a text from the reactions of his readers. In the process he also becomes aware of what he meant to say, and he gains the opportunity to express more clearly what he wanted to say. I find myself in this position hardly one year after the appearance of my book and after reading an array of intelligent, mainly sympathetic, and in any case instructive reviews. Certainly the interpreter enjoys the advantage of understanding a text
17 citations
TL;DR: The authors commente les theories sur le droit et l'Etat constitutionnel presentees par Habermas dans son livre "Facticite et validite" (1992), ou expose sa conception du role and de la legitimite de la loi.
Abstract: L'A. commente les theories sur le droit et l'Etat constitutionnel presentees par Habermas dans son livre «Facticite et validite» (1992), ou il expose sa conception du role et de la legitimite de la loi
14 citations
TL;DR: In this article, the A.A. s'interroge sur la legitimite de la loi, probleme deja souleve par Habermas et que l'A. applique ici au jugement legal concernant un crime.
Abstract: L'A. s'interroge sur la legitimite de la loi, probleme deja souleve par Habermas et que l'A. applique ici au jugement legal concernant un crime. L'A. montre que le concept de droit est intimement lie a un systeme de valeurs et de references ethiques dont le discours legal est empreint
13 citations
TL;DR: The relations between Jfrgen Habermas and the sociology of law are ambivalent as discussed by the authors and there are, on the one hand, obvious convergences between their substantive interests.
Abstract: The relations between Jfrgen Habermas and the sociology of law are ambivalent. There are, on the one hand, obvious convergences between their substantive interests. A domain of common concern is, for instance, what the sociology of law usually calls the production of law. Yet, on the other hand, Habermas, by tackling the law, is moving away from sociology. And this happens precisely at a time when the sociology of law at least in Europe is consolidating its identity as a domain of the social sciences.’ 1
7 citations
TL;DR: The notion of self-realization and the categories in which it can be thought about productively today are discussed in this paper in the light of contemporary philosophical impulses that appear to have undermined a number of key notions central to modern conceptions of the self.
Abstract: My primary concern in the following is with the notion of selfrealization and the categories in which it can be thought about productively today.’ By ’today’ I mean in the light of a number of contemporary philosophical impulses that appear to have undermined a number of key notions central to modern conceptions of the self and in the light of contemporary suspicion with regard to the universal validity of substantive conceptions of the good life. The key notions that have been rendered problematic include the ideas that the self can be transparent to herself or others, that her identity develops independently of relationships of mutual recognition, that she can be conceived as impervious to the influence of history and society and as unencumbered by her needs, desires, aims and valueorientations. In what follows I simply assume that such ideas have been rendered problematic and that contemporary attempts to rethink subjectivity must take account of the insights that have undermined them. I thus presuppose that contemporary attempts to rethink the self must start from a conception of the individual human subject as historically and socially rooted, as formed through, and dependent on, relationships of mutual recognition, as having a particular identity based on particular needs, desires, aims and value-orientations, and with an unconscious that is never fully retrievable rationally. Contemporary suspicion with regard to the universal validity of substantive conceptions of the good life may be seen as part of a
5 citations
TL;DR: In this article, it is admitted that the rules for scientific discourse can only be established by scientific debate, and that there is no other proof that they are valid but the consensus of scientific experts.
Abstract: segmented into diverse scientific disciplines, each with its own methods of determining what is to count as an observation, what is to count as a demonstration, what is to count as a proof, the questions inevitably arise: ’What is the worth of this conception of validity? What is the worth of this conception of truth?’ Since every discourse is the practice of a certain community, the question as to the validity of that discourse inevitably involves the question as to the value of justice with which that community legitimates itself. The question of legitimation is inevitably both an epistemological question and an ethico-political question. In premodern times, the question of legitimation took the form of a logico-metaphysical discourse seeking to prove the first principles of logic and ontology, and a politico-religious discourse seeking to identify a transcendent authority. In modern times, it is admitted that the rules for scientific discourse can only be established by scientific debate, and that there is no other proof that they are valid but the consensus of scientific experts. jean-Franqois Lyotard believes that it is not accidental that this new, modern position regarding the legitimation of what scientific discourse takes to be true is concomitant with
5 citations
TL;DR: The Ideal is not to be confounded with mere correctness, which consists in the expression of any meaning whatever in appropriate fashion so its import may be readily recognized in the shape created.
Abstract: This amounts to enunciating the requirement that the Idea and its plastic mould as concrete reality are to be made completely adequate to one another.... But if so, the required truth of the Ideal is confounded with mere correctness, which consists in the expression of any meaning whatever in appropriate fashion so its import may be readily recognized in the shape created. The Ideal is not to be thus understood. Any content whatever may attain to being represented quite adequately, judged by the standard of its own nature, but it does not therefore gain the right to claim the artistic beauty of the Ideal. (Hegel, Lectures on Aesthetics)
TL;DR: The ongoing debates among philosophers, sociologists and historians of science have produced useful data and some plausible generalizations as mentioned in this paper, starting from Bloor (1991), perhaps the most acceptable generalization is that science is indeed a socially developed practice and, as such, can be studied by social science methods as are other institutional arrangements.
Abstract: The ongoing debates among philosophers, sociologists and historians of science (Collins, 1985; Woolgar, 1988) as to what science is really about have produced useful data and some plausible generalizations. Starting from Bloor (1991), perhaps the most acceptable generalization is that science is indeed a socially developed practice and, as such, can be studied by social science methods as are other institutional arrangements. Thus, for instance, Fuchs (1992) in his perceptive analysis has made a credible case that science can be studied in terms of
TL;DR: In this article, l'interpretation de Kierkegaard faite par Adorno, l'A.A. se demande si le remede a l'immanence de la raison propose par KG, a savoir le paradoxe absolu, ne constitue pas lui-meme une repetition and intensification de la maladie.
Abstract: Dans son analyse de l'interpretation de Kierkegaard faite par Adorno, l'A. se demande si le remede a l'immanence de la raison propose par Kierkegaard, a savoir le paradoxe absolu, ne constitue pas lui-meme une repetition et intensification de la maladie
TL;DR: The authors argue that Rawls increasingly looks like a philosopher satisfied with working in Plato's cave and this has inspired some to complain that he is no longer trying to get outside the cave, in the blaze of truth.
Abstract: Rawls increasingly looks like a philosopher satisfied with working in Plato’s cave. This has inspired some to complain that he is no longer trying to get ’outside the cave, in the blaze of Truth’.’ His new emphasis on ’an overlapping consensus’ and on shared intuitions have led some to claim that Rawls has become a conservative philosopher who is now more interested in social agreement than in truth. No doubt many have attributed conservatism to Rawls because of
TL;DR: expressionism could become the symbol for the wide social and political spectrum as mentioned in this paper, and it could be the symbol of wide social tolerance and acceptance. But it could also be dangerous.
Abstract: expressionism could become the symbol for the wide social
TL;DR: The authors pointed out that it was not particularly popular to mention or suggest differences between the sexes/genders, especially in a certain sort of context, since such differences were they shown to exist could easily be used to hold.
Abstract: That there may be a ’female’ or a ’male’ (as opposed to a genderneutral) way to read and hence to interpret a text is a hypothesis which may make many uncomfortable. Until fairly recently, it was not particularly popular to mention or suggest differences between the sexes/genders, especially in a certain sort of context, since such differences were they shown to exist could easily be used to hold
TL;DR: Theethique de discours de Jurgen Habermas as discussed by the authors ne propose pas une conception fiable de la problematisation de la norme suscitant le besoin de discourse, or ses procedures discursives ne reussisent pas a specifier le bon moment for sengager dans un discours.
Abstract: L'ethique de discours de Jurgen Habermas ne propose pas une conception fiable de la problematisation de la norme suscitant le besoin de discours. Or, ses procedures discursives ne reussisent pas a specifier le bon moment pour s'engager dans un discours. L'A. etudie quelles sont exactement ces conditions sine qua non pour la production du discours
TL;DR: Spanos as mentioned in this paper argues that genealogy, in its ostensible analyses of the historical specificity of modern power relations, misses the ultimate ontotheological origins of Panopticism or the regime of truth.
Abstract: ions, and realizes how a truly critical theory cannot afford such abstractions. Spanos saysions. Spanos says ... [i]t is true that Heidegger focused his interrogation of the dominant discourse of modernity on the most rarified site on the indissoluble continuum of being.... It is also true that this focus blinded him to the other more ’concrete’ or ’worldly’ sites, most notably and it must be conceded, irresponsibly the site of European politics. (p.150) So he turns to Foucault in order to tame Heidegger’s superfoundationalism : Thinking Heidegger with Foucault thematizes the tendency of Heidegger’s discourse to abstract history: to overlook (or distort) the historical specificity of modern power relations (the sociopolitical sites on the ontic continuum). (p. 20) Yet in this turn to Foucault, Spanos also wants to offer a Heideggerian critique of genealogy. Genealogy, in its ostensible analyses of the ’historical specificity of modern power relations’, misses ’the ultimate ontotheological origins of &dquo;panopticism&dquo; or &dquo;the regime of truth&dquo;’ (p. 174). Insofar as Heidegger’s destruction emphasized the ontological construction of modernity (its philosophical ground) it was, as we have seen, a limited agency of critical practice. But insofar as Foucault (and other contemporary worldly critics) emphasizes its sociopolitical construction (its scientific/technological ground), his genealogy too constitutes a limited agency of critique.... A dialogue between their discourses will show that the overdetermined sciences and the ’residual’ humanities ... are, in fact, different instruments of the anthropo-logos, the discourse of Man, and thus complicitous in the late capitalist West’s neoimperial project of planetary domination. (p. 152) In this thinking Heidegger with Foucault, and in a ’dialogue between their discourses’, Spanos thinks he has the necessary grounding for a structured theory of social relations with critical intent, a kind of theory that American literary theory, from Brooks to de Man, has been unable (or unwilling) to articulate, and a kind of theory neither Heidegger nor Foucault adequately articulated.
TL;DR: Analyse des arguments exposes par Charles Nussbaum dans un article de 1991 en lequel il defend en partie la conception de Jurgen Habermas sur la logique des explications psychoanalytiques and refute celle d'Adolf Grunbaum as mentioned in this paper.
Abstract: Analyse des arguments exposes par Charles Nussbaum dans un article de 1991 en lequel il defend en partie la conception de Jurgen Habermas sur la logique des explications psychoanalytiques et refute celle d'Adolf Grunbaum. D'apres l'A., Nussbaum n'a pas reussi a demontrer que les intentions ne sont pas des causes