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The Radical Philosophy of Rights (Hardcover)
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The Radical Philosophy of Rights (Hardcover)
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After 1989 human rights have expanded into a vernacular touching
every aspect of social life. They are seen as the key concept in
morals and politics and a main tool for forging individual and
collective identities. They are the ideology after 'the end of
ideologies' - the only values left after 'the end of history'. The
response of the left to the rights revolution has been muted and
unsure. Classical Marxist critiques of (natural) rights have made
the left justly suspicious, and this is still the case today.
Elaborating and addressing a series of foundational paradoxes of
rights, this book - the third in Costas Douzinas's human rights
trilogy, following The End of Human Rights and Human Rights and
Empire - provides a long-overdue re-evaluation of the history and
political uses of rights for the left. The book examines the
history and philosophy of the (legal) person, the subject, the
human and dignity from classical Rome to postmodern Brussels. It
traces the gradual abandonment of right, virtue and the common good
for individual rights and self-interest. The limited and distorted
conception of rights of liberal jurisprudence is contrasted with an
alternative that sees rights as a relation involved in the struggle
for recognition and an everyday utopia. The right to resistance and
revolution, prohibited but regularly returning like the repressed,
rescues law from sclerosis and presents a case study of the
paradoxical nature of rights. Finally, the book offers a brief
examination of law's encounter with radical politics informed by
the author's strange experience as an 'accidental' politician in
the first radical left government in Europe. The book's radical
concept of legal philosophy and public law will be of considerable
value to legal theorists, political philosophers and anyone with an
interest in thinking and acting in ways that go beyond the limits
of liberal, and neoliberal, ideology.
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