What’s Left After Rights?

Law and Critique 26 (2):105-115 (2015)
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Abstract

Recent thinking on human rights, at least among the left, has divided along lines that have become familiar from other contemporary political debates. There are those who ground the discourse of rights in an ethical responsibility to fellow human beings in situations of suffering and oppression; for others, suspicion with respect to just such an ethical stance is their point of departure. They see in the ethical perspective at best a radical depoliticization of the struggle for human rights—its biopolitical reduction to humanitarian aid to suffering others who are thereby accorded the status of ‘bare life’—and at worst a cover for a quasi-imperialist imposition of neo-liberal values according to which what ultimately deserves political protection and preservation is the right to entrepreneurial initiative and aspiration. Yet another form of leftist critique of the ostensibly post-political, ethical inflection of rights discourse takes aim at a line of thought most often linked to a series of mostly French philosophers—above all Emmanuel Levinas, but also Jean-Francois Lyotard, Jacques Derrida, and more recently Judith Butler—who in various ways have sought to ground philosophy in an ‘ethics of the Other’. The essay explores these positions and proposes a new thinking about human rights oriented by what Hannah Arendt referred to as the ‘dark background’ of human life

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Daniel Loick
Humboldt University, Berlin

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