On the Limits of Political Emancipation and Legal Rights

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):319-339 (2019)
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Abstract

In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers are created and enacted in civil society. With this in mind I read OJQ alongside the recent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests.

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References found in this work

Elements of the philosophy of right.Georg Wilhelm Friedrich Hegel - 1991 - New York: Cambridge University Press. Edited by Allen W. Wood & Hugh Barr Nisbet.
The Communist Manifesto.Karl Marx - unknown - Yale University Press.
Lenin and philosophy, and other essays.Louis Althusser - 1971 - New York: Monthly Review Press.

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