This volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner’s claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
On late modernity and social statehood
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.
The affective politics of the early Frankfurt School
This book offers a unique and timely reading of the early Frankfurt School in response to the recent 'affective turn' within the arts and humanities. It revisits some of the founding tenets of critical theory in the context of the establishment of the Institute for Social Research in the early twentieth century. The book focuses on the work of Walter Benjamin, whose varied engagements with the subject of melancholia prove to be far more mobile and complex than traditional accounts. It also looks at how an affective politics underpins critical theory's engagement with the world of objects, exploring the affective politics of hope. Situating the affective turn and the new materialisms within a wider context of the 'post-critical', it explains how critical theory, in its originary form, is primarily associated with the work of the Frankfurt School. The book presents an analysis of Theodor Adorno's form of social critique and 'conscious unhappiness', that is, a wilful rejection of any privatized or individualized notion of happiness in favour of a militant and political discontent. A note on the timely reconstruction of early critical theory's own engagements with the object world via aesthetics and mimesis follows. The post-Cold War triumphalism of many on the right, accompanied by claims of the 'end of history', created a sense of fearlessness, righteousness, and unfettered optimism. The book notes how political realism has become the dominant paradigm, banishing utopian impulses and diminishing political hopes to the most myopic of visions.