ABSTRACT
This chapter explores the commitment to rights in four ‘abolitionist human rights schools’. For foundational abolitionists human rights are natural, universal and inviolable moral values revealed through use of reason. Although the basis of human rights differs amongst such abolitionist thinkers, dignity, need and mutuality are generally considered most essential. Neo-foundational abolitionists aim to address a number of the limitations of existing legal rights through new rights created by the ‘forceless force’ of rational debate. Inspired by the discourse ethics of the neo-Kantian German philosopher Jürgen Habermas, neo-foundationalism has a strong ‘positive approach’ to human rights. Abolitionist human rights are a language of social protest directed against domination, authoritarianism and violence. An abolitionist human rights agenda will continuously evolve and should be focused on making more visible the institutionally structured violence of incarceration.
