Agency, Authority, and the Logic of Mutual Recognition

Stuart Toddington

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

The “Cartesian” model of the rational subject is central to the political philosophy of Hobbes and Locke and is “transcendentally” affirmed in Kant's account of ethics and legality. An influential body of Hegelian inspired critique has suggested, however, that the dialectical deficiencies of the dominant models of Liberalism in late modernity inhere in this “atomistic” or “self-supporting” characterisation of the individual. The “atomistic” perspective appears as an obstacle not only to the coherent articulation of the compatibility of liberty and equality, but also to the attempt to express the mutuality of recognition between agents that might offer a genuinely communal conception of constitution and subject. Employing as a frame of reference Alan Brudner's analysis of these issues in his comprehensive Constitutional Goods (Brudner 2004) it is argued that legal and political theory might usefully adopt an understanding of Hegel's notion of “recognition” (Anerkennung) in this regard without drastic phenomenological reconstruction of the Cartesian or Kantian subject.
LanguageEnglish
Pages89-109
Number of pages21
JournalRatio Juris
Volume28
Issue number1
Early online date12 Nov 2013
DOIs
Publication statusPublished - Mar 2015

Fingerprint

legal theory
political philosophy
legality
political theory
liberalism
modernity
equality
constitution
reconstruction
moral philosophy

Cite this

Toddington, Stuart. / Agency, Authority, and the Logic of Mutual Recognition. In: Ratio Juris. 2015 ; Vol. 28, No. 1. pp. 89-109.
@article{0831f43b6901456cb05b38cdb83240e1,
title = "Agency, Authority, and the Logic of Mutual Recognition",
abstract = "The “Cartesian” model of the rational subject is central to the political philosophy of Hobbes and Locke and is “transcendentally” affirmed in Kant's account of ethics and legality. An influential body of Hegelian inspired critique has suggested, however, that the dialectical deficiencies of the dominant models of Liberalism in late modernity inhere in this “atomistic” or “self-supporting” characterisation of the individual. The “atomistic” perspective appears as an obstacle not only to the coherent articulation of the compatibility of liberty and equality, but also to the attempt to express the mutuality of recognition between agents that might offer a genuinely communal conception of constitution and subject. Employing as a frame of reference Alan Brudner's analysis of these issues in his comprehensive Constitutional Goods (Brudner 2004) it is argued that legal and political theory might usefully adopt an understanding of Hegel's notion of “recognition” (Anerkennung) in this regard without drastic phenomenological reconstruction of the Cartesian or Kantian subject.",
author = "Stuart Toddington",
year = "2015",
month = "3",
doi = "10.1111/raju.12030",
language = "English",
volume = "28",
pages = "89--109",
journal = "Ratio Juris",
issn = "0952-1917",
publisher = "Basil Blackwell",
number = "1",

}

Agency, Authority, and the Logic of Mutual Recognition. / Toddington, Stuart.

In: Ratio Juris, Vol. 28, No. 1, 03.2015, p. 89-109.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Agency, Authority, and the Logic of Mutual Recognition

AU - Toddington, Stuart

PY - 2015/3

Y1 - 2015/3

N2 - The “Cartesian” model of the rational subject is central to the political philosophy of Hobbes and Locke and is “transcendentally” affirmed in Kant's account of ethics and legality. An influential body of Hegelian inspired critique has suggested, however, that the dialectical deficiencies of the dominant models of Liberalism in late modernity inhere in this “atomistic” or “self-supporting” characterisation of the individual. The “atomistic” perspective appears as an obstacle not only to the coherent articulation of the compatibility of liberty and equality, but also to the attempt to express the mutuality of recognition between agents that might offer a genuinely communal conception of constitution and subject. Employing as a frame of reference Alan Brudner's analysis of these issues in his comprehensive Constitutional Goods (Brudner 2004) it is argued that legal and political theory might usefully adopt an understanding of Hegel's notion of “recognition” (Anerkennung) in this regard without drastic phenomenological reconstruction of the Cartesian or Kantian subject.

AB - The “Cartesian” model of the rational subject is central to the political philosophy of Hobbes and Locke and is “transcendentally” affirmed in Kant's account of ethics and legality. An influential body of Hegelian inspired critique has suggested, however, that the dialectical deficiencies of the dominant models of Liberalism in late modernity inhere in this “atomistic” or “self-supporting” characterisation of the individual. The “atomistic” perspective appears as an obstacle not only to the coherent articulation of the compatibility of liberty and equality, but also to the attempt to express the mutuality of recognition between agents that might offer a genuinely communal conception of constitution and subject. Employing as a frame of reference Alan Brudner's analysis of these issues in his comprehensive Constitutional Goods (Brudner 2004) it is argued that legal and political theory might usefully adopt an understanding of Hegel's notion of “recognition” (Anerkennung) in this regard without drastic phenomenological reconstruction of the Cartesian or Kantian subject.

UR - http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1467-9337

U2 - 10.1111/raju.12030

DO - 10.1111/raju.12030

M3 - Article

VL - 28

SP - 89

EP - 109

JO - Ratio Juris

T2 - Ratio Juris

JF - Ratio Juris

SN - 0952-1917

IS - 1

ER -