Habermas and Deleuze on Law and Adjudication
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This article stages an encounter between Habermas and Deleuze on law, rights, and adjudication. Most of the article is spent developing Habermas’s concept of adjudication as the application of communicatively generated norms. This application, I argue, involves a complex temporality that is at once retrospective and non-creative. Deleuze is used to critique this concept of adjudication in favor of one based on concrete situations and the creation of new problems. In so doing, I will develop Deleuze’s notorious, and notoriously hostile, remarks on human rights and philosophies of communication by relating them to discourse ethics and to the positive conception of law and judgment that can be drawn from his work.