Hans Kelsen and Claude Lefort: On Human Rights and Democracy

Abstract

In order to raise the question of a potential compatibility between the awareness of Otherness on the one hand, and a form of universality on the other, some hypotheses should first be formulated and defined. 1) How does moral relativism equate to the rejection of universal discourses? 2) Consequently, how can this rejection be understood as a result of Modernity? 3) How can Modernity be understood as recognition of Otherness? The current paper will attempt to outline some answers to these questions based on a comparative reading between Kelsen and Lefort. Firstly, in order to explicate the main lines of the Kelsenian relativistic axiology it seems crucial to consider his second edition of the Pure Theory of Law, since one can find within it the grounds for a limitation of human cognition. His Farewell Lecture, “What is justice?”, is also relevant to this theme since in it he claims that the human world is a world of relative and conflicting values. The combination of these two ideas leads to the rejection of Universalist discourses – identified with the ones of Natural Law theories – in the name of science. Secondly, three of Lefort’s articles seem to be relevant. The first, “The Image of the Body and Totalitarianism”, enables us to understand his symbolic political philosophy, and more importantly, to introduce his definition of Modernity. “Dissolution of Marks and Democratic Challenge” focuses more on the concept of moral relativism, whilst interpreting it as a consistent reaction to modern indeterminacy. Finally, “Politics and Human Rights” offers a restricted concept of Human Rights, reminiscent of Hannah Arendt’s views, namely that human rights mean the rights to have rights

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,386

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

  • Only published works are available at libraries.

Similar books and articles

Human Rights Enjoyment in Theory and Activism.Brooke Ackerly - 2011 - Human Rights Review 12 (2):221-239.
In defense of moral rights.Barbara De Mori - 2001 - Etica E Politica 3 (1).
Human rights and human well-being.William Talbott - 2010 - New York: Oxford University Press.
Modernity, Nihilism And Love.Serena Parekh - 2010 - Annales Philosophici 1:56-65.
Human Rights and Human Dignity: An Appeal to Separate the Conjoined Twins.Doris Schroeder - 2012 - Ethical Theory and Moral Practice 15 (3):323 - 335.

Analytics

Added to PP
2016-02-02

Downloads
10 (#1,165,120)

6 months
2 (#1,232,442)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

What Is Political Philosophy?Leo Strauss - 1962 - Philosophy 37 (142):366-368.
Foundations of democracy.Hans Kelsen - 1955 - Ethics 66 (1):1-101.

Add more references