Toward a Skeptical Criticism of Transcendental Pragmatics

1. How skeptical objections play a part in transcendental foundation

The grounding task of a transcendental pragmatics according to K. O. Apel

My subject is the contemporary attempts, and more precisely K. O. Apel's, that aim at the refoundation of rationality within a communicational framework. ¹ I want to show that this task, insofar as it aims at being radical, insofar as it is "transcendental pragmatics," is the target of criticisms that a skepticism always raises against the doctrines purporting to be built upon a foundation wholly devoid of presupposition. ² It so happens that Apel's doctrine—in a manner more systematic than that of F. Jacques or Habermas—makes explicit the conditions of its own constitution. It does so through the overthrow of skeptical objections that aim at a refutation of its radical attempt at a transcendental foundation: in Apel's eyes, the objection of the relativist or of the skeptic, because it contains an inner contradiction (a "performative self-contradiction") a contrario ensures the absolute validity of his universal pragmatic principle. If this use of skepticism constitutes the spring of the argumentation and the cornerstone of the systematic edifice Apel built, a skeptical overthrow of his overthrow will demonstrate the fragile and unsteady nature of its transcendental ambitions. It will then become impossible to associate the communicative activity with a horizon of ethical presuppositions that guarantee the success of discussion and of negotiation. It is the legitimacy of this foundationalism that we propose to contest in order to undermine transcendental theories of discourse ethics.

And yet, without reverting to a sociological empiricism or having recourse to a philosophy of intersubjectivity, by showing that philosophical skepticism is not as naive as its critiques would have it, the ethical orientation of communicative activity can be suspended without giving up the quest for consensus. The latter is not originary; it is not presupposed by a speech act that is ethically neutral at its structural level, but it can at best be derived as can its contrary, disagreement. Thus, against the inflation of transcendental pragmatics, I shall oppose an ethical minimalism.

The grounding device of transcendental pragmatics

On the one hand, how is one to undertake a founding task without anchoring it in a philosophy of consciousness? On the other hand, how is one to protect oneself from the relativistic consequences of an empirical approach of intersubjectivity? Apel's aim is to show that communicative activity presupposes an a priori that is neither a social nor a linguistic fact but factum rationis in the sense that freedom is the condition of the possibility of moral experience in Kant. Thus, according to K. O. Apel, "it appears that even purely semantic-referential discourse presupposes a pragmatic-transcendental reflection on the communicative speech-acts' claim to validity" (Apel 1994, 54). In the same book, the author relies on the model that makes language into a mere tool of communication and of representation, the Aristotelian view of language as propositional understanding: "Among the historical effects of the Aristotelian understanding there is, to some extent, the Western concept of the common sense of language as a tool for communication and representation" (54). In the initial historical treatment (12-13), it is true that a reference to Plato occurs: "in Plato, it is true that the logos, with the aid of 'language' or 'discourse' is an organon making it possible to communicate something to the other; its realm is thus that of conversation (dialogos), and thought itself is conceived of as 'a silent conversation of the soul with itself' " (Theaetetus, 180e-190a).

However, this concession is immediately withdrawn: "but, on the other hand, the significance of the logos is made precise at the very moment that it is expressed as an utterance or proposition that can be true or false; this is the import of definition, argument or rational deduction" (Apel 1994, 14). In this sense...