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The End of Human Rights - Critical Thought at the Turn of the Century (Paperback, UK ed.)
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The End of Human Rights - Critical Thought at the Turn of the Century (Paperback, UK ed.)
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The introduction of the Human Rights Act has led to an explosion in
books on human rights, yet no sustained examination of their
history and philosophy exists in the burgeoning literature. At the
same time, while human rights have triumphed on the world stage as
the ideology of postmodernity, our age has witnessed more
violations of human rights than any previous, less enlightened one.
This book fills the historical and theoretical gap and explores the
powerful promises and disturbing paradoxes of human rights. Divided
in two parts and fourteen chapters, the book offers first an
alternative history of natural law, in which natural rights
represent the eternal human struggle to resist domination and
oppression and to fight for a society in which people are no longer
degraded or despised. At the time of their birth, in the 18th
century, and again in the popular uprisings of the last decade,
human rights became the dominant critique of the conservatism of
law. But the radical energy, symbolic value and apparently endless
expansive potential of rights has led to their adoption both by
governments wishing to justify their policies on moral grounds and
by individuals fighting for the public recognition of private
desires and has undermined their ends. Part Two examines the
philosophical logic of rights. Rights, the most liberal of
institutions, has been largely misunderstood by established
political philosophy and jurisprudence as a result of their
cognitive limitations and ethically impoverished views of the
individual subject and of the social bond. The liberal approaches
of Hobbes, Locke and Kant are juxtaposed to the classical critiques
of the concept of human rights by Burke, Hegel and Marx. The
philosophies of Heidegger, Strauss, Arendt and Sartre are used to
deconstruct the concept of the (legal) subject. Semiotics and
psychoanalysis help explore the catastrophic consequences of both
universalists and cultural relativists when they become convinced
about their correctness. Finally, through a consideration of the
ethics of otherness, and with reference to recent human rights
violations, it is argued that the end of human rights is to judge
law and politics from a position of moral transcendence. This is a
comprehensive historical and theoretical examination of the
discourse and practice of human rights. Using examples from recent
moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas
radically argues that the defensive and emancipatory role of human
rights will come to an end if we do not re-invent their utopian
ideal. CONTENTS PART 1 THE GENEALOGY OF HUMAN RIGHTS 1 The Triumph
of Human Rights 2 A Brief History of Natural Law I: The Classical
Beginnings 3 A Brief History of Natural Law II: From Natural Law to
Natural Rights 4 Natural Right in Hobbes and Locke 5 Revolution and
Declarations: The Rights of Men, Citizens and Few Others 6 The
Triumph of Humanity: From 1789 to 1989 and from Natural to Human
Rights PART 2 THE PHILOSOPHY OF HUMAN RIGHTS 7 The Classical
Critiques of Rights: Burke and Marx 8 Subjectum and Subjectus: The
Free and Subjected Subject 9 Law's Subjects: Rights and Legal
Humanism 10 Hegel's Law: Rights and Recognition 11 Psychoanalysis
Becomes the Law: Rights and Desire 12 The Imaginary Domain and the
Future of Utopia 13 The Human Rights and the Other 14 The End of
Human Rights
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