Subject: [HAB:] HAB: links and abstracts
Date: Thu, 8 Jul 2004 10:57:11 -0500 


After Habermas, Edited By JOHN MICHAEL ROBERTS:
http://www.blackwellpublishing.com/book.asp?ref=1405123656
<http://www.blackwellpublishing.com/book.asp?ref=1405123656> 

Philosophy in a Time of Terror: Dialogues with Jürgen Habermas and Jacques
Derrida by Giovanna Borradori, reviewed by 
Axel Paul:  http://www.logosjournal.com/axel.htm
<http://www.logosjournal.com/axel.htm> 
Bernhard Peters <../biography/peters.html> , "Ach Europa" -- Questions about
a European public space and ambiguities of the European project:
http://www.eurozine.com/article/2004-06-21-peters-en.html
<http://www.eurozine.com/article/2004-06-21-peters-en.html> 
Obituary of Stuart Hampshire by Alan Ryan:
http://news.independent.co.uk/low_res/story.jsp?story=532268&host=3&dir=271
<http://news.independent.co.uk/low_res/story.jsp?story=532268&host=3&dir=271
> 
Cass Sunstein, "We Need to Reclaim the Second Bill of Rights":
http://www.law.uchicago.edu/news/sunstein_roosevelt.html
<http://www.law.uchicago.edu/news/sunstein_roosevelt.html>   
Is Euro-patriotism Possible?  by Jan-Werner Müller:
http://www.dissentmagazine.org/ <http://www.dissentmagazine.org/> 
Anti-totalitarianism as a Vocation:  An Interview with Adam Michnik, by
Thomas Cushman:
http://www.dissentmagazine.org/menutest/articles/sp04/cushman.htm
<http://www.dissentmagazine.org/menutest/articles/sp04/cushman.htm>  
The Importance of Norberto Bobbio, by Nadia Urbinati:
http://www.dissentmagazine.org/ <http://www.dissentmagazine.org/> 
Contract Law is Not Enough: The Many Legal Institutions That Support
Contractual Commitments, by GILLIAN HADFIELD
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=20450> :
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=537303
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=537303> 
Samuel Wheeler, review of Prado, C. G. (ed.), _A House Divided: Comparing
Analytic and Continental Philosophy_:
http://ndpr.icaap.org/content/archives/2004/6/wheeler-prado.html
<http://ndpr.icaap.org/content/archives/2004/6/wheeler-prado.html> 
Are Our Utopian Energies Exhausted?: Habermas's Radical Reformism, European
Journal of Political Theory
</isis/browsing/AllIssues/ingenta;jsessionid=h5b1u247bt39.circus?journal=pub
infobike://sage/ept> , July 2004, vol. 3, no. 3,
</isis/browsing/TOC/ingenta;jsessionid=h5b1u247bt39.circus?issue=infobike://
sage/ept/2004/00000003/00000003> pp. 267-291(25), Johnson P.  Abstract: 
This article starts off by giving Habermas the opportunity to defend the
'remnants of utopianism' in his thinking that might seem to fly in the face
of grim sociological realities. He wants to cut the ground from under a
fashionable scepticism about our capacity to use a description of the
unrealized potentials of the present as the basis for orienting ourselves to
a desired future. This is to be done by persuading us that we have been
looking in the wrong place for an account of the utopian significance of
modernizing achievements. The defeat of utopian energies thesis rests on a
one-sided description of modernization processes that neglects their complex
and ambiguous achievements and, in particular, ignores the legacy of
democratic Enlightenment. Yet Habermas's own estimation of the ambiguous
legacies of cultural modernization also appears to be one-sided. The last
part of the article finds that his argument with the end of utopian energies
thesis rests on a narrow appreciation of the range of ways in which the
potentials of cultural modernization have been described. There is, after
all, a residual totalizing description of the role of the theorist in
Habermas's inability to concede the irreducible integrity of Romantic hopes
for emancipated futures.
J¸rgen Habermas: European or German?  European Journal of Political Theory
</isis/browsing/AllIssues/ingenta;jsessionid=2cq6thx40clw3.circus?journal=pu
binfobike://sage/ept> , <<...OLE_Obj...>> July 2004, vol. 3, no. 3,
</isis/browsing/TOC/ingenta;jsessionid=2cq6thx40clw3.circus?issue=infobike:/
/sage/ept/2004/00000003/00000003> pp. 293-314(22) by Turner C.  Abstract:
Habermas's recent writings on the future of Europe advocate a European
constitution as a means of consolidating the achievements of post-war social
democracy and providing European level institutions with a normative
foundation without the need to appeal to the idea of Europe as a 'community
of fate'. This article argues that, while these aims are laudable, the terms
in which Habermas formulates them owe much both to a domestic German agenda
and to his theory of communicative rationality and the public sphere, which
restricts the horizon within which the legitimacy of a European polity might
be discussed and entails premature assumptions about what the core of a
European identity consists in. It ends by suggesting an alternative sense of
the European achievement and European identity.

The Post-National Constellation: Habermas and ``the Second Modernity'' 
<<...OLE_Obj...>> Res Publica
</isis/browsing/AllIssues/ingenta;jsessionid=2cq6thx40clw3.circus?journal=pu
binfobike://klu/resp>  <<...OLE_Obj...>> 2004, vol. 10, no. 1,
</isis/browsing/TOC/ingenta;jsessionid=2cq6thx40clw3.circus?issue=infobike:/
/klu/resp/2004/00000010/00000001> pp. 1-13(13)  Giesen K-G.  Abstract:  For
some years now, Jürgen Habermas, possibly the most influential European
philosopher of today, has been producing a growing number of publications on
world politics. In the historical context of the collapse of bipolarity and
the advent of the triad, along with the punitive wars in the Gulf and
Yugoslavia, he is very far from being alone: Jacques Derrida and Noberto
Bobbio, Michael Walzer and John Rawls, to name only the most forceful, have
also been thinking out loud about the new political configurations beyond
the nation-state. The characteristic feature of Habermas's thought is to
perceive a radically new historical configuration, which he calls a
`post-national constellation' and which would justify the development of a
new political project, as a transition to a new cosmopolitan law. In what
follows, I examine the precise modalities that are supposed to transform his
philosophical design into political and legal arrangements, attempting to
dissect the Habermasian vision of a post-Cold War politics better adapted to
the challenges of the new century, and to throw light on the ideology behind
it, as a prolegomenon to the larger project Habermas invites us to
undertake.
Farewell to Justification: Habermas, Human Rights, and Universalist Morality
Philosophy & Social Criticism
</isis/browsing/AllIssues/ingenta;jsessionid=844kpeln9jb6.circus?journal=pub
infobike://sage/psc>  January 2004, vol. 30, no. 1,
</isis/browsing/TOC/ingenta;jsessionid=844kpeln9jb6.circus?issue=infobike://
sage/psc/2004/00000030/00000001> pp. 73-96(24)  Abdel-Nour F.  Abstract:  In
his recent work, Jürgen Habermas signals the abandonment of his earlier
claims to justify human rights and universalist morality. This paper
explains the above shift, arguing that it is the inescapable result of his
attempts in recent years to accommodate pluralism. The paper demonstrates
how Habermas's universal pragmatic justification of modern normative
standards was inextricably tied to his consensus theory of validity. He was
compelled by the structure of that argument to count on the current or
future availability of a unified framework within which all can potentially
articulate their needs and interests. With his abandonment of the
justification Habermas has rid discourse theory of this controversial
assumption. In weakening its defense of human rights and universalist
morality against the charge of ethnocentrism, he has strengthened his
theory's foothold in the lived pluralist world.

Moral Objectivity and Reasonable Agreement: Can Realism Be Reconciled with
Kantian Constructivism?  Ratio Juris
</isis/browsing/AllIssues/ingenta;jsessionid=844kpeln9jb6.circus?journal=pub
infobike://bpl/raju>  March 2004, vol. 17, no. 1,
</isis/browsing/TOC/ingenta;jsessionid=844kpeln9jb6.circus?issue=infobike://
bpl/raju/2004/00000017/00000001> pp. 27-51(25)  Lafont C.  Abstract:  In
this paper I analyze the tension between realism and antirealism at the
basis of Kantian constructivism. This tension generates a conflictive
account of the source of the validity of social norms. On the one hand, the
claim to moral objectivity characteristic of Kantian moral theories makes
the validity of norms depend on realist assumptions concerning the existence
of shared fundamental interests among all rational human beings. I
illustrate this claim through a comparison of the approaches of Rawls,
Habermas and Scanlon. On the other hand, however, objections to moral
realism motivate many Kantian constructivists to endorse the antirealist
claim that reasonable agreement is the source of the validity of social
norms. After analyzing the difficulties in the latter strategy, I try to
show how a balance between the realist and antirealist elements of Kantian
constructivism can be reached by drawing a sharper distinction between the
justice and the legitimacy of social norms.

"Truth and Justice, Inquiry and Advocacy, Science and Law," SUSAN HAACK
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=383931> , Ratio
Juris, Vol. 17, pp. 15-26, March 2004 <JavaScript:WinOpen();> .  Abstract:
There is tension between the adversarialism of the U.S. legal culture and
the investigative procedures of the sciences, and between the law's concern
for finality and the open-ended fallibilism of science. A long history of
attempts to domesticate scientific testimony by legal rules of admissibility
has left federal judges with broad screening responsibilities; recent
adaptations of adversarialism in the form of court-appointed experts have
been criticized as "inquisitorial," even "undemocratic." In exploring their
benefits and disadvantages, it would make sense to look to the experience of
other legal systems.
Robert Alexy, " The Nature of Legal Philosophy," Ratio Juris 17:2 (June
2004).  Abstract. Philosophy is general and systematic reflection about what
there is, what ought to be done or is good, and how knowledge about both is
possible. Legal philosophy raises these questions with respect to the law.
In so doing, legal philosophy is engaged in reasoning about the nature of
law. The arguments addressed to the question of the nature of law revolve
around three problems. The first problem addresses the question: In what
kinds of entities does the law consist, and how are these entities connected
such that they form the overarching entity we call "law"? The answer is that
law consists of norms as meaning contents which form a normative system. The
second problem addresses the question of how norms as meaning contents are
connected with the real world. This connection can be grasped by means of
the concepts of authoritative issuance and social efficacy. The latter
includes the concept of coercion or force. The third problem addresses the
correctness or legitimacy of law, and, by this, the relationship between law
and morality. To ask about the nature of law is to ask about necessary
relations between the concepts of normative meaning, authoritative issuance
as well as social efficacy, and correctness of content. 
"Lifeworld, discourse, and realism," Axel Seemann, Philosophy and Social
Criticism 30:4 (June 2004):  In this paper, I give a systematic account of
the core features of Jürgen Habermas's revised approach to truth that
comprises both realist and epistemic components. While agents in the
lifeworld are pragmatic realists and work on the basic assumption that (most
of) their beliefs about the world are true, beliefs that have become
problematic can be scrutinized only in the form of validity-claims in
rational discourses. Thus Habermas introduces a discursive truth predicate
that involves a procedural idealization of the conditions of discourse in
terms of 'justified acceptability under conditions that are currently
ideal'. He argues that this truth predicate has to be understood in
connection with agents' pragmatic realism to give a comprehensive account of
truth. This paper is concerned with the tension between
truth-in-the-lifeworld and discursive truth. I argue that Habermas's account
is troubled by two problems: firstly an unclear conception of the role of
the truth predicate; and secondly, the suggestion that agents in discourse
temporarily abandon their lifeworldly realism. While the first problem can
be remedied by exploring the distinction between a truth predicate and a
truth criterion, the second difficulty requires a modification of Habermas's
account. I show that the consistency of his approach depends on the
acceptance of the principle of bivalence throughout (in both lifeworld and
discourse), and hence on the subscription to a certain kind of realism that
extends beyond the lifeworld.
"Redeeming redemption," Maeve Cooke, Philosophy and Social Criticism 30:4
(June 2004):  Critical social theory has an uneasy relationship with utopia.
On the one hand, the idea of an alternative, better social order is
necessary in order to make sense of its criticisms of a given social
context. On the other hand, utopian thinking has to avoid 'bad utopianism',
defined as lack of connection with the actual historical process, and
'finalism', defined as closure of the historical process. Contemporary
approaches to critical social theory endeavour to avoid these dangers by way
of a postmetaphysical strategy. However, they run up against the problem
that utopian thinking has an unavoidable metaphysical moment. Rather than
seeking to eliminate this moment, therefore, they should acknowledge its
inevitability. The challenge is to maintain a productive tension between
closure and contestability and between attainability and elusiveness. The
paper outlines a strategy for meeting this challenge, a strategy that is
based on a distinction between the metaphysical content of utopian
projections and their fallible claims to validity.



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