This article takes up Foucault's politics of human rights and suggests that it may constitute a point of departure for the renewal of HRE, not only because it rejects the moral superiority of humanism—the grounding for the dominant liberal framework of international human rights—but also because it makes visible the complexities of human rights as illimitable and as strategic tools for new political struggles. Enriching human rights critiques has important implications for HRE, precisely because these critiques prevent the dominance of (...) unreflexive and unproductive forms of HRE that lead toward a declarationalist, conservative and uncritical approach. It is argued that Foucault's critical affirmation of human rights—that is, an approach which is neither a full embrace nor a total rejection—provides a critique that can be disruptive to the conventional HRE approach and creates openings that might renew HRE, both politically and pedagogically. (shrink)

This article responds to Philippe Mengue's claim that Deleuzian political philosophy is fundamentally hostile to democracy. After outlining key elements of the attitude towards democracy in Deleuze and Guattari's work, it addresses three major arguments put forward in support of this claim. The first relies on Deleuze's rejection of transcendence and his critical remarks about human rights; the second relies on the contrast between majoritarian and minoritarian politics outlined in A Thousand Plateaus; and the third relies on the antipathy of (...) philosophy towards opinion as outlined in What is Philosophy? After responding to each of these arguments in turn, I outline an alternative and more positive account of Deleuze and Guattari's critical engagement with opinion by way of a contrast with Rawls. (shrink)

In a series of essays, conferences, and lectures over the period 1959–73, Michel Foucault directly engaged the writings of Nietzsche. This article demonstrates the five different modalities of Foucault's use of Nietzsche’s writings: namely, critical, epistemological, linguistic, alethurgic, and political. Each of these modalities is tied to a particular intellectual turning point in Foucault’s philosophical investigations and can be located chronologically in five important texts from that period.

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...) of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

Contemporary politics is often said to lack utopias. For prevailing understandings of the practical force of political theory, this looks like cause for celebration. As blueprints to apply to political practice, utopias invariably seem too strong or too weak. Through an immanent critique of political realism, I argue that utopian thought, and political theory generally, is better conceived as supplying an orientation to politics. Realists including Bernard Williams and Raymond Geuss explain how utopian programs like universal human rights poorly orient (...) their adherents to politics, but the realists wrongly conclude that utopias and other ideal theories necessarily disorient us. As I show through an analysis of utopian claims made by Michel Foucault, Malcolm X, and John Rawls, utopias today can effectively disrupt entrenched forms of legitimation, foster new forms of political identity, and reveal new possibilities within existing institutions. Utopias are needed to understand the political choices we face today. (shrink)