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Human rights violations by ‘private’ transnational actors
Gunther Teubner

fundamental rights, but rather in terms of conflicts between anonymous matrices of communication, on the one hand, and concrete individuals, on the other? Can we understand human rights in the private sector in such a way that individuals may assert their rights against the structural violence of impersonal communicative processes? II  Divisional concepts of fundamental rights What does one gain and what does one

in Critical theory and legal autopoiesis
On social systems and societal constitutions
Darrow Schecter

distribution, ensuring more widespread and diverse practices of recognition, legislating more equitable life chances, and enhancing lifeworld communication. But in line with the argument developed here, it may be more centrally a matter of finding an equilibrium between the normative capacity of states to limit the exercise of power and apply it evenly and predictably through positivised political centralisation, on the one hand, and the factual capacity of social systems for a constant re-​articulation of the relation between knowledge and power in ways that are often

in Critical theory and sociological theory
The mutual paranoia of Jacques Derrida and Niklas Luhmann
Gunther Teubner

and with different cognitive interests. Rather, even according to their own self-understanding, this is a clash between two alternative worlds which oppose each other in a way that cannot be understood as the competition of different methods, theories or paradigms. Luhmann is engaged in an ambitious attempt to construct a scientific theory of society as a phenomenology of communication, in strict

in Critical theory and legal autopoiesis
Abstract only
Democratic state, capitalist society, or dysfunctional differentiation?
Darrow Schecter

track and anticipate the likely future trajectories of various 196 Critical theory and sociological theory social systems. They have tended to do this without sufficient attention to the details of systemic coding or historical patterns of inter-​systemic communication, thereby mismanaging the processes involved in many instances. What is more, these states are still desperately trying to channel systems on the basis of strategic decisions stemming from informal assemblies of ministerial elites, consultancy firms, lobbies, and what amount to different kinds of

in Critical theory and sociological theory
The politics of modern thought and science

Epistemology should be the axe that breaks the ice of a traditionalism that covers and obstructs scientific enlightenment. This book explores the arguments between critical theory and epistemology in the twentieth and twenty-first centuries. Focusing on the first and second generations of critical theorists and Luhmann's systems theory, it examines how each approaches epistemology. The book offers a critique of the Kantian base of critical theory's epistemology in conjunction with the latter's endeavour to define political potential through the social function of science. The concept of dialectics is explored as the negation of the irrational and, furthermore, as the open field of epistemological conflict between rationality and irrationality. The book traces the course of arguments that begin with Dilthey's philosophy of a rigorous science, develop with Husserl's phenomenology, Simmel's and Weber's interest in the scientific element within the social concerns of scientific advance. In structuralism, the fear of dialogue prevails. The book discusses the epistemological thought of Pierre Bourdieu and Gilles Deleuze in terms of their persistence in constructing an epistemological understanding of social practice free from the burdens of dialectics, reason and rationality. It also enquires into issues of normativity and modernity within a comparative perspective on modernism, postmodernism and critical theory. Whether in relation to communication deriving from the threefold schema of utterance- information- understanding or in relation to self- reflexivity, systems theory fails to define the bearer or the actor of the previous structural processes. Critical realism attempted to ground dialectics in realism.

On the sociological paradoxes of weak dialectical formalism and embedded neoliberalism
Darrow Schecter

attempts to enact qualitative reform are dangerous because they supposedly tamper with quasi-​natural boundaries that are said to have evolved over centuries, or that they flout universal anthropological realities of human and social communication.21 The categorisation of competent parties of government and suspicious parties of perennial opposition can be analysed as an indirect consequence of enforcing these formal and informal rules. The second comes in the guise of a moment of doubt about the prospects for substantive knowledge and positive liberty. These are closely

in Critical theory and sociological theory
How transnational pharmaceutical groups manipulate scientific publications
Isabell Hensel and Gunther Teubner

, in order to deal with substantial structural conflicts within society, constitutional rights in private relations have to be reformulated in their collective-institutional dimension. (2)  Instead of being limited to the protection against state-equivalent power in society, the third-party effect must be widened and directed against all communication media with expansive tendencies. (3)  The contextualisation

in Critical theory and legal autopoiesis
Abstract only
Anastasia Marinopoulou

means of an introduction to systems theory. In his work, Luhmann attempts to redefine communication, and associates it with information. For Luhmann, communication is distinct from action (Handeln), and the rationality of the scientific system resides in the notion of Zweck, or in the ends of the sciences towards action. For the first time in the   2 1 112 Critical theory and epistemology epistemological history of modernity, rationality is understood as a certain scientific purpose of action and not as the critique of scientific truth and validity of reason. The

in Critical theory and epistemology
Abstract only
Darrow Schecter

capacity to read and assimilate the communication they receive from neighbouring systems. That communication is coded according to the distinct operations of the system in question. This is evidently a matter of great theoretical complexity; it is treated with care in subsequent chapters. For now it will suffice to observe that there is much disagreement within the relevant literature about how inter-​systemic communication actually happens. The disagreement in question is potentially very fertile since, in accordance with the caveat not to exaggerate the differences

in Critical theory and sociological theory
Open Access (free)
Art and interpretation
Andrew Bowie

opposition between spoken and written language, refusing to give priority to the voice over written communication.) As we saw in the Introduction, Hamann arrives at this position through his desire to celebrate the endless diversity of God’s universe. The crucial consequence of these arguments about language and philosophy for Hamann is that it becomes impossible to sustain the idea that philosophy can wholly escape from its location within a historically specific language. The idea of a ‘general philosophical language’ is therefore an idealist illusion. Languages are

in Aesthetics and subjectivity