Imagining Human Rights: Utopia or Ideology?

Law and Critique 21 (2):111-130 (2010)
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Abstract

Human rights are both a means for the ideological justification of the status quo and for its utopian subversion. In order to account for this paradox we need to consider the role that our capacity to form images plays in human rights discourses. I will first discuss how best to conceptualise the capacity to produce images, which is the focus of this paper. In order to go beyond the impasse generated by philosophical approaches to imagination as an individual faculty, and by sociological approaches to the imaginary understood as a social context, I propose to use the category of the ‘imaginal’, understood simply as that which is made of images and can therefore be both the product of an individual faculty and a social context. Second, I show how the imaginal enters the three major strategies of justifications of human rights, when we think of them as ‘human’, as ‘rights’ and as ‘rational’. Finally, I will show that the imaginal is also the force that compels us to enforce human rights, to put ourselves in the shoes of others and imagine a world that is different from the one in which we are currently living.

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Chiara Bottici
The New School

References found in this work

Political Liberalism.John Rawls - 1993 - Columbia University Press.
Speech Acts: An Essay in the Philosophy of Language.John Rogers Searle - 1969 - Cambridge, England: Cambridge University Press.
The law of peoples.John Rawls - 1999 - Cambridge, Mass.: Harvard University Press. Edited by John Rawls.
Economy and Society.Max Weber - 2013 - Harvard University Press.
Critique of the power of judgment.Immanuel Kant - 2000 - New York: Cambridge University Press. Edited by Paul Guyer.

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