Critical theory and legal autopoiesis

Drinking to excess has been a striking problem for industrial and post-industrial societies – who is responsible when a ‘free’ individual opts for a slow suicide? The causes of such drinking have often been blamed on heredity, moral weakness, ‘disease’ (addiction), hedonism, and Romantic illusion. Yet there is another reason which may be more fundamental and which has been overlooked or dismissed, and it is that the drinker may act with sincere philosophical intent. The Existential Drinker looks at the convergence of a new kind of excessive, habitual drinking, beginning in the nineteenth century, and a new way of thinking about the self which in the twentieth century comes to be labelled ‘Existential’. A substantial introduction covers questions of self, will, consciousness, authenticity, and ethics in relation to drinking, while introducing aspects of Existential thought pertinent to the discussion. The Existential-drinker canon is anchored in Jack London’s ‘alcoholic memoir’ John Barleycorn (1913), where London claims he can get at the truth of existence only through the insights afforded by excessive and repeated alcohol use. The book then covers drinker-texts such as Jean Rhys’s interwar novels, Malcolm Lowry’s Under the Volcano, Charles Jackson’s The Lost Weekend and John O’Brien’s Leaving Las Vegas, along with less well-known works such as Frederick Exley’s A Fan’s Notes, Venedikt Yerofeev’s Moscow–Petushki, and A. L. Kennedy’s Paradise. The book will appeal to anybody with an interest in drinking and literature, as well as those with more specialised concerns in drinking studies, Existentialism, twentieth-century literature, and medical humanities.

Populism, neoliberalism, and globalisation are just three of the many terms used to analyse the challenges facing democracies around the world. Critical Theory and Sociological Theory examines those challenges by investigating how the conditions of democratic statehood have been altered at several key historical intervals since 1945. The author explains why the formal mechanisms of democratic statehood, such as elections, have always been complemented by civic, cultural, educational, socio-economic, and, perhaps most importantly, constitutional institutions mediating between citizens and state authority. Critical theory is rearticulated with a contemporary focus in order to show how the mediations between citizens and statehood are once again rapidly changing. The book looks at the ways in which modern societies have developed mixed constitutions in several senses that go beyond the official separation of legislative, executive, and judicial powers. In addition to that separation, one also witnesses a complex set of conflicts, agreements, and precarious compromises that are not adequately defined by the existing conceptual vocabulary on the subject. Darrow Schecter shows why a sociological approach to critical theory is urgently needed to address prevailing conceptual deficits and to explain how the formal mechanisms of democratic statehood need to be complemented and updated in new ways today.

Rainer Forst's Toleration in Conflict (published in English 2013) is the most important historical and philosophical analysis of toleration of the past several decades. Reconstructing the entire history of the concept, it provides a forceful account of the tensions and dilemmas that pervade the discourse of toleration. In his lead essay for this volume, Forst revisits his work on toleration and situates it in relation to both the concept of political liberty and his wider project of a critical theory of justification. Interlocutors Teresa M. Bejan, Chandran Kukathas, John Horton, Daniel Weinstock, Melissa S. Williams, Patchen Markell and David Owen then critically examine Forst's reconstruction of toleration, his account of political liberty and the form of critical theory that he articulates in his work on such political concepts. The volume concludes with Forst’s reply to his critics.