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Full-Text Articles in Social and Behavioral Sciences
Recognition And Positive Freedom, David Ingram
Recognition And Positive Freedom, David Ingram
Philosophy: Faculty Publications and Other Works
A number of well-known Hegel-inspired theorists have recently defended a distinctive type of social freedom that, while bearing some resemblance to Isaiah Berlin’s famous description of positive freedom, takes its bearings from a theory of social recognition rather than a theory of moral self-determination. Berlin himself argued that recognition-based theories of freedom are really not about freedom at all (negatively or positively construed) but about solidarity, More strongly, he argued that recognition-based theories of freedom, like most accounts of solidarity, oppose what Kant originally understood to be the essence of positive freedom, namely the setting of volitional ends in accordance …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Foucault And Habermas, David Ingram
Foucault And Habermas, David Ingram
Philosophy: Faculty Publications and Other Works
The article is a comprehensive comparison of Foucault and Habermas which focuses on their distinctive styles of critical theory. The article maintains that Foucault's virtue ethical understanding of aesthetic self-realization as a form of resistance to normalizing practices provides counterpoint to Habermas's more juridical approach to institutional justice and the critique of ideology. The article contains an extensive discussion of their respective treatments of speech action, both strategic and communicative, and concludes by addressing Foucault's understanding of parrhesia as a non-discursive form of truth-telling.