Modern political revolutions since the 18th century have swept away
traditional systems of domination by declaring that ‘all men are
created equal’. This declaration of equal rights is a fundamental
political act - it is the political act in which the political
community creates itself in relation to traditional systems of
domination. But because it was generally assumed that the subject of
these rights is the individual human being, the political community
was subordinated to the individual. Marx discerned, rightly, that this
was the paradox at the heart of the declaration of the rights of
man. But while Marx was right to highlight this paradox, his
proposed solution does not provide us with a sound basis for
overcoming it.
In this major new work, Christoph Menke adopts a different approach:
he argues that we can address and overcome this paradox only by
embarking on a fundamental inquiry into the nature of rights. Rights
are a specific configuration of normativity: to have a right is to
have a justified and binding claim. But with the equal rights
declared by modern revolutions, rights assumed a particular form: the
normative claim to equality was combined with an assumption about the
factual conditions of social life. In this conception, society is
the realm of private individuals pursuing their interests, and private
interests are therefore seen as the natural basis for politics - what
Menke calls ‘the naturalization of the social’. By laying bare
this conception which lies at the basis of political literalism and
modern law, Menke is able to criticize and move beyond it, opening up
a new way of understanding rights that no longer involves the
disempowering of the political community.
This radical critique of rights and of modern law is a major
contribution to critical theory and legal theory and it will be of
great interest to students and scholars in social and political
theory, philosophy and law.
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Produktdetaljer
ISBN
9781509520428
Publisert
2020
Utgave
1. utgave
Utgiver
Vendor
Polity
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter