ABSTRACT

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.

part I|85 pages

Law, persons, rights

chapter |8 pages

Prologue

Are women and animals persons?

chapter 1|11 pages

A brief history of the person

chapter 2|10 pages

The story of dignitas

chapter 3|18 pages

What is the legal person?

chapter 4|18 pages

Subject, individual, human

chapter 5|18 pages

Legality after virtue

From (objective) right to (subjective) rights

part II|64 pages

The paradoxes of rights

chapter 6|17 pages

The paradoxes of human rights

chapter 7|10 pages

Rights, identity, desire

chapter 8|16 pages

Marx, the radical left and rights

chapter 9|19 pages

The poverty of (rights) jurisprudence

part III|77 pages

The right to resistance

chapter 10|15 pages

Philosophy and resistance

chapter 11|18 pages

The ‘right to the event’

The legality and morality of revolution and resistance

chapter 12|9 pages

Prolegomena towards a theory of righting

chapter 13|33 pages

Epilogue

Critical legal studies goes Greek