The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political rules, in the (...) biological paradigm they are perceived as natural. In this situation, from political perspective the life of the others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, human rights cannot be enforced with the same effectiveness as the laws enforced in the area of state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories - space and border – that play an important role in understanding the processes of globalization that affect the legitimation and enforcement of human rights. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making the scale (...) of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

This paper considers political agency and space as found in Cavarero's For More Than One Voice: Toward a Philosophy of Vocal Expression in order to take a critical philosophical approach to human rights education and the political implications of its increasingly legal discourse. Like Arendt, Cavarero is concerned with a radical rethinking of political space, as not limited to place or legal borders, but bound by our human condition of plurality and relationality. Both Arendt and Cavarero (...) want politics to be coupled with justice, nevertheless, Cavarero provides a notion of politics that lets us think beyond territorial terms of a polis, which opens for exploring an expanded conceptualization of human rights politics, as not bound by national legislative measures, but as concerning political action in-between human beings. In contrast to the dominant discourse on ‘human rights experts’ who frame the content for HRE, the notion of ‘absolute local space’ questions the dichotomy of universal/particular in raising the importance of a plurality of unique voices who create a spectrum for the universality of rights. (shrink)

ABSTRACT: BACKGROUND: The governments and citizens of the developed nations are increasingly called upon to contribute financially to health initiatives outside their borders. Although international development assistance for health has grown rapidly over the last two decades, austerity measures related to the 2008 and 2011 global financial crises may impact negatively on aid expenditures. The competition between national priorities and foreign aid commitments raises important ethical questions for donor nations. This paper aims to foster individual reflection and public debate on (...) donor responsibilities for global health. METHODS: We undertook a critical review of contemporary accounts of justice. We selected theories that: (i) articulate important and widely held moral intuitions; (ii) have had extensive impact on debates about global justice; (iii) represent diverse approaches to moral reasoning; and (iv) present distinct stances on the normative importance of national borders. Due to space limitations we limit the discussion to four frameworks. RESULTS: Consequentialist, relational, human rights, and social contract approaches were considered. Responsibilities to provide international assistance were seen as significant by all four theories and place limits on the scope of acceptable national autonomy. Among the range of potential aid foci, interventions for health enjoyed consistent prominence. The four theories concur that there are important ethical responsibilities to support initiatives to improve the health of the worst off worldwide, but offer different rationales for intervention and suggest different implicit limits on responsibilities. CONCLUSIONS: Despite significant theoretical disagreements, four influential accounts of justice offer important reasons to support many current initiatives to promote global health. Ethical argumentation can complement pragmatic reasons to support global health interventions and provide an important foundation to strengthen collective action. (shrink)

Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of (...) physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health. (shrink)

In the wake of the recent global refugee and migration crisis, Hannah Arendt’s defense of the right to have political rights has become prominent again. Her work is read as an early reminder that the internationally promoted human rights regime may be merely a rhetorical reference, without the will or international authority for political action. I examine Arendt’s analysis in its historical context and then turn to consider Ricœur’s understanding of human rights. The capability to respond (...) to and to be held accountable by others marks Ricœur’s ethics of responsibility. He agrees with Arendt that legal authority must rest upon power and not domination, but he insists that the undercurrent of common power is the moral capability of an agent. The essay examines the ramifications of Ricœur’s ethics for the current crisis of refugees and migration, and it argues that he offers, at the same time, a correction useful for the ethical foundation of human rights. (shrink)

If the instance of human rights cannot ensure the protection of the rightless, as Arendt famously claimed, how can the rightless struggle for freedom and equality? In this essay, I attempt to answer this question by reconsidering Arendt’s influential critique of human rights in light of the two polar responses it evoked from contemporary French philosophers Jacques Rancière and Étienne Balibar. Rancière, who objects to Arendt’s delimiting of the political, finds her argument excluding and dangerous. (...) Balibar, on the other hand, believes that it conveys an immense potential for politics to come, as it points to the dialectical political truth of equaliberty. In the following, I show the problematics of Rancière’s ingenious formulation of rights, and the answer Balibar’s original interpretation of Arendt’s thought might suggest in response. I contend that working through Rancière’s critique of Arendt’s argument and Balibar’s affirmation of it not only highlights the merits of her critical account but also points to the fundamental relation between Arendt’s work on rights and her later discussions of the human condition of non-sovereignty and the power of promises. I believe that such a reading can contribute to our interpretation of Arendt, and pave new routes of action for non-citizens (such as refugees, stateless persons and subjects of military occupation), who cannot employ the authorities’ strength for their protection. (shrink)

The urgency of the study is that today the creation of a well-balanced information and communication infrastructure for the management of a state capable of ensuring the formation, distribution, efficient use and protection of resources, largely depends on a clear legal definition of the system of views on the implementation the government of information and communication function. The purpose of the research - the theoretical and practical aspects of new approaches to the analysis of information and communication activities in the (...) context of modern globalization challenges. Objectives of the study: using the methodology of system analysis and system synthesis to determine the problem of the need for a clear legislative definition of the purpose of further action; analyze the problems of forming of global information and communication space. The scientific novelty of the research is the identification of the problems of information and communication activities in the context of modern globalization challenges and the achievement of sustainable development of society. The results of the study: the problems of the legal language were explored and new approaches to the issues of information and communication activities were revealed; also were revealed the human rights problems and the need to systematize the law; information activity of modern Ukraine in the context of globalization challenges is disclosed; the alternatives to innovation and identify ways to achieve information and communication security are researched. Conclusion - the modern state should respond timely to the challenges of scientific and technological progress, adequately respond to key issues of identifying the problems of information and communication activities in the context of modern globalization challenges. The main idea, of course, is to define the purpose, the basic principles and methods of the state's implementation of the information and communication function. It should be aimed at safeguarding national interests and protecting the natural rights and legitimate interests of citizens, organizations and society as a whole due to the effective use of the accumulated information, modern information and communication complexes and specialists, noblemen to work effectively in conditions of global challenges. (shrink)

The argument that sectarian conflicts in the Arab Middle East have been persistent since time immemorial is erroneous. While these views may seem compelling with the rise of ISIL, they are in fact very dangerous: they downgrade Islamic societies to primordial, selective and static features. I will argue for a different set of propositions. First, violence is not unique to Islamic societies. Extreme illiberal ideologies prevailed in Christian Europe both during the Thirty Years War and during the fascist interwar period. (...) Second, Islamist belligerence was partly a response to the ill-effects of globalization, just as European fascist movements were exacerbated by the advance of industrial capitalism in Europe. Third, post-Second World War human rights efforts may inform new paths beyond the tragedies that continue to plague the Middle East. (shrink)

O objetivo deste artigo é a análise das críticas de Hannah Arendt à concepção dos direitos humanos, introduzida pelo pensamento dos filósofos contratualistas e efetivada, politicamente, pelas revoluções americanas e francesas no final do século XVIII. Contudo, este objetivo não seria plenamente alcançado sem a avaliação da proposta de Arendt para a superação de suas próprias críticas: a reconstrução dos direitos humanos através do reconhecimento que cada indivíduo tem direito a ter direitos, independente das fronteiras do Estado-nação. (...) class='Hi'>Arendt vai buscar na moral universalista e cosmopolita kantiana o conceito de humanidade e dá a ele as dimensões ontológicas e políticas necessárias para se construir um espaço público internacional, onde o direito a ter direito seja decorrente do mero pertencimento à humanidade, não se dissolvendo nos limites de cada Estado-nação. The purpose of this article is the analysis of the criticisms of Hannah Arendt's conception of human rights, introduced by the thought of the contractual philosophers and made effective, politically, by American and French revolutions in the late eighteenth century. However, this aim would not be fully achieved without the review of Arendt's proposal to overcome her own criticisms: the reconstruction of human rights by recognizing that every individual has the right to have rights, regardless of borders of the Nation-State. Arendt tries to discover in the universal and cosmopolitan moral of Kant the concept of humanity and gives him the ontological and political dimensions needed to build an international public space where the right to have rights is due to the mere belonging to the humanity, not dissolving itself in the limits of each Nation-State. (shrink)

It may be commonplace hearing people accuse the discipline of philosophy of irrelevance, especially when it comes to societal issues. Hannah Arendt, a contemporary political thinker, remarked that philosophy and political action are irreconcilable spheres of thought—that the space for contemplation is nowhere near the space for action. Granting Arendt’s observation, how can philosophy courses cross the chasm brought about by disciplinal borders? How can philosophy classes help produce active and more engaged citizens? In this paper, I dispute (...) the former claim by way of undertaking two tasks. First, to lay down the groundwork, I provide a philosophical analysis that underlines Hannah Arendt’s political position and most important ideas, particularly those that surface in one of her greatest works, “The Human Condition.” Second, I point out how Arendt’s notions inspire some practices in education and pedagogy, thus paving the way for a genuine application of a philosophical theory to society. By drawing on experiences in teaching philosophy by employing social reconstructionist education and its corollary pedagogical tool, service-learning, this paper hopes to bring back some space to a reconsideration of philosophy as a relevant discipline in society, particularly in education. In the end, I conclude that philosophy and action, contrary to the claim of Arendt herself, are fully compatible. In doing philosophy, the germ of genuine action may be found. (shrink)

This book adds impetus to the nexus between human rights, human rights education and material reality. The dissonance between these aspects is of growing concern for most human rights educators in various social contexts. The first part of the book opens up new discourses and presents new ontologies and epistemologies from scholars in human rights, human rights education and human rights literacies to critique and/or justify the understandings of human rights' complex applications. Today's (...) rapidly changing social contexts and new languages attempting to understand ongoing dehumanization and violations, put enormous pressure on higher education, educators, individuals working in social sciences, policy makers and scholars engaged in curricula making. The second part demonstrates how global interactions between citizens from different countries with diverse understandings of human rights (from developed and developing democracies) question the link between human rights and it's in(ex)clusive Western philosophies. Continuing inhumane actions around the globe reflect the failure of human rights law and human rights education in schools, higher education and society at large. The book shows that human rights education is no longer a blueprint for understanding human rights and its universal or contextual values presented for multicomplexial societies. The final chapters argue for new ontologies and epistemologies of human rights, human rights education and human rights literacies to open-up difficult conversations and to give space to dissonant and disruptive discourses. The many opportunities for human rights education and literacies lies in these conversations. (shrink)

Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels and maybe even at the same governance level albeit beyond the state. The article (...) does so in three steps. The first prong of the argument is dedicated to presenting the moral-political nature of human rights and their relationship to political equality and, hence, their inherent legal nature from a democratic theory perspective. The second section of the article then draws some implications for the domestic or international levels of legal recognition and specification of human rights by reference to their legitimation within the domestic democratic community. It explains the mutual relationship between human rights and citizens’ rights and where international human rights draw their democratic legitimacy from. In the third and final section, the author discusses potential changes in the nature and legitimacy of international human rights once political structures beyond the state become more democratic, and human rights and democracy are being recoupled again at various levels of governance. The European Union being one of the most advanced examples of post-national political integration, recent developments in the regime of human rights protection within the EU are discussed in this new light. In a final step, the transposition to the global level of the argument developed in the European case is assessed and the author flags issues for further research on what democratic theorists should hope for in the new global order.Keywords: democracy; human rights; legitimacy; citizens’ rights; Maus; right to have rights; Arendt; legal rights; international law; EU; global institutions; Habermas; Lafont. (shrink)

In thinking about Rancière and Law, as this collection exhorts us to do, I have turned my attention to one of the most well-known areas of Rancière’s writings, the Rights of Man. In “Who is the Subject of the Rights of Man?”, Rancière aimed a broadside at the rights-scepticism which can be traced in much of critical theory to the writings of Hannah Arendt, and an older tradition on the right exemplified by Edmund Burke and Jeremy Bentham. Rancière’s writings (...) and thought cover a wide range of areas, but it is the famous focus on rights which interests me here, as it brings to bear the problematisation of the ‘subject’ which Rancière develops in his writings. Rancière does not take an ontological view of the subject. Rancière’s writings on human rights attempt to get out of an ontological trap he sees being promulgated in relation to them. These writings on rights and the subject illustrate Rancière’s conception of politics as a process, which emphasises a dynamic staging of conflicts and the impossibility of stepping outside that discussion and conflict. My starting point is Daniel Defoe’s Robinson Crusoe. This eighteenth century piece of literature is key for the discussion about the subject of human rights, and the paradoxes which those rights contain. This novel was used in United Nations debates to justify parts of the drafting of the Universal Declaration of Human Rights. In basing the subject of human rights in part on the eponymous hero of the same novel, the drafting committee constructed a vision of the human subject which conflated the figures of man and citizen. The subject of human rights was not a natural man, but intimately connected and indivisible from the society in which he was living. I connect Arendt’s critique of the right to have rights to these debates at the United Nations, illustrating how they lend support to Arendt’s criticisms of human rights. I then outline Rancière’s counter-critique of Arendt, and his defence of politics and rights. I show how Rancière’s distinction between politics and the police envisions a subject which is created through ‘dissensual’ acts. These acts of ‘dissensus’ are the very divisions, the strife or the conflict which constitutes the stage on which politics occurs. Rancière’s subject does not need to act politically in an existing public sphere where individuals recognise each other as equal and distinct. Rather, the acts they commit help contest the very meaning of rights and politics; a politics which always entails the verification of equality as such. I want to turn to the consequences of this processual politics. I use Rancière’s writings on politics and his defence of rights to illustrate how, in his schema, political subjects can be formed and new subjects hitherto unrecognised can be created through dissensual acts. I argue that in Rancière, any judgment on the quality of a political act, and the subject it can create, is necessarily made ex post facto. Rancière’s separation of politics from ethics forces us to avoid pre-judgments of the political nature of acts. This carries the risk that the reader of Rancière will interpret only the acts they are already sympathetic towards as ‘political’ and dissensual. The political remains in the eye of the beholder. As a result, this processual politics must be supplemented with a later judgment to be able to differentiate between potential political acts. In treating Rancière as a serious thinker of modernity and of rights, we need a way to distinguish between an act which is, for example, carried out by racists or those who oppress rights, and an act carried out by a demonstrator or as an act of resistance against hegemony. I argue that it is possible, following Rancière, to conceive of both as acts of dissensual politics potentially giving rise to political subjects. This in turn highlights the key issue for me in relation to Rancière’s thought. How can we distinguish between the quality of actors who act politically, without falling back on a presumed political sphere or modern liberal political philosophy? I conclude that a stronger questioning of the types of judgment needed to differentiate between political acts is required to avoid Rancière’s thought being used to justify forms of action the reader finds sympathetic. (shrink)

Recent crises in Europe and beyond have renewed a longstanding debate on the status and treatment of refugees. Hannah Arendt famously questioned the limits of universalistic human rights discourse based on the widespread phenomena of statelessness and displacement that emerged during and after World War II. In this paper, we analyze recent patterns of inclusion and exclusion of refugees in Italy through the lens of Arendtian narrative and theorizing. We consider three cases of interaction between families, schools, and (...) other public institutions in light of the shifting normative framework before and during the war in Ukraine. Two major insights emerge from this analysis. From a pedagogical point of view, the most promising educational practices with refugees are those centered on enabling their agency and corresponding experiences of "natality". From an ethical-political perspective, these practices highlight a latent tension between the universalistic scope of human rights enshrined in the human rights declarations and their structural dependence on the particular norms and procedures enacted by nation states. The understanding and teaching of human rights within our political communities is inseparable from the practices that engage with refugees. In this sense, our practices of inclusion and exclusion affect the understanding of national borders as a barrier or threshold with other political communities, but also the interpretation of our own ethical-political principles. (shrink)

Human Rights Education (HRE) has traditionally been articulated in terms of cultivating better citizens or world citizens. The main preoccupation in this strand of HRE has been that of bridging a gap between universal notions of a human rights subject and the actual locality and particular narratives in which students are enmeshed. This preoccupation has focused on ‘learning about the other’ in order to improve relations between plural ‘others’ and ‘us’ and reflects educational aims of national identity politics (...) in citizenship education. The article explores the learning of human rights through narratives in relations, drawing on Hannah Arendt and Sharon Todd. For this re-thinking of relations in learning human rights, the article argues that HRE needs to address both competing historical narratives on the drafting of the Universal Declaration on Human Rights (UDHR) as well as unique life narratives of learners. (shrink)

For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to their relational (...) equality. The liberal conception of the human right to property has both vertical and horizontal significance — it implies respect from both the public authority and other individuals — which means that it is thoroughly political but not necessarily statist. Our account generates important implications, both domestic and transnational. Domestically, it implies that whereas some property rights should be subject to strong constitutional protection, state law should facilitate other types of private and non-private property institutions, and these property institutions may well be subject to non-owners’ claims to access and, more broadly, to being treated respectfully. Furthermore, our conception of the human right to property requires that everyone have the unusual authority typical of full-blown private ownership. Transnationally, our analysis highlights a freestanding dimension of relational justice, which is relevant across borders even given that our distributive obligations are statist. This injunction of relational justice in transnational interactions brings into question the adequacy of the current state of the law, according to which these interactions are mainly governed by choice-of-law rules that conceptualize them as wholly subsumed under the capacities of the parties as citizens of their respective polities. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. (...) Owing to such occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

The coronavirus pandemic and climate crisis have highlighted the power of governments in relation to people and the societies in which they live. This article looks at two sociological approaches that together capture the core features of the relationship between sovereignty, society and individual safety. Sociologists of human rights point to the importance of sovereignty for the enforcement of human rights and draw on the work of Arendt, who argues all rights are lost to those who find (...) themselves outside the protection of the state. Wickham’s Hobbesian sociology adds an important social dimension to these ideas. He adopts Hobbes’ argument that sovereignty secures both society and the protection of people. The article recovers additional ideas in Hobbes’ theory of rights that further link these two approaches. For Hobbes, governments hold a responsibility to protect their citizens’ right to survive. The article discusses the relevance of these ideas to the coronavirus pandemic and climate crisis. It argues sociology is well-placed to explore ways in which the continued exercise of sovereign power in relation to society and human survival is shaping humanity’s response to these global crises. (shrink)

Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...) to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end. (shrink)

Patents and free trade make strange bedfellows. For most of their history, patents have been instruments deployed to resist trade with other countries, not to enhance it. Whether one looks at Venetian laws that punished citizens who practiced local crafts outside the city, the Mercantilist uses to which patents were put in Elizabethan England, or the cartels of the 19th and 20th centuries created on a foundation of interlocking patent rights, patents have had a distinctly protectionist function. It is thus (...) ironic that it is intellectual property rights in general, and patents in particular, that have been held up in recent years as the poster child of much that is wrong with globalization and free trade. Nowhere is this more so than in debates concerning international human rights law and patents, in particular the position that patents violate an international right to health. (shrink)

Knowledge transmission and universality of man in global society -- The other and the paradoxes of universalism -- Religion, human rights, and political conflicts -- Europe : common values and a common identity -- The public sphere and political space -- America and Europe : Carl Schmitt and Alexis de Tocqueville -- Identity and human rights : a glance at Europe from afar -- Human rights, universalism, and cosmopolitanism.

``I am therefore I have rights," argues this paper. Mere existence qualifies a human being for universal human rights. Yet human beings do not live in solitude; they are always embedded in a network of social relations which determines their rights and duties in its own terms. Consequently, the debate about the universality and relativism of human rights can be best understood by combining legal and sociological perspectives. Such an approach is used in this article to (...) explore the tensions and contests around the universality of human rights in Islamic law. Whether all human beings or just citizens are qualified for the inviolability of human rights is a question which divided Muslim jurists into two schools: Universalistic School, emanating from Abu Hanifa, advocated for the universality of human rights, while Communalistic School, originating from Malik, Shafii and Ibn Hanbal, advocated for civil rights. Universalistic School was adopted by such great cosmopolitan empires as Umayyads, Abbasids, Mughals and Ottomans. It was also reformed by the Ottomans during the nineteenth century in the light of the new notions of universal human rights in Europe to purge remaining discriminatory practices against non-Muslim citizens and to justify constitutionalism and democracy. Yet the universalistic tradition in Islamic law has been forgotten as the chain of memory was broken after the collapse of Ottoman Empire. This article briefly unearths the forgotten universalistic approach in Islamic law to build upon it a modern universalistic human rights theory for which there is a pressing need at this age of globalization. (shrink)

: Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

In recent years, political philosophers have debated whether human rights are a special class of moral rights we all possess simply by virtue of our common humanity and which are universal in time and space, or whether they are essentially modern political constructs defined by the role they play in an international legal-political practice that regulates the relationship between the governments of sovereign states and their citizens. This edited volume sets out to further this debate and move it ahead (...) by rethinking some of its fundamental premises and by applying it to new and challenging domains, such as socio-economic rights, indigenous rights, the rights of immigrants and the human rights responsibilities of corporations. Beyond the philosophy of human rights, the book has a broader relevance by contributing to key themes in the methodology of political philosophy and by addressing urgent issues in contemporary global policy making. (shrink)

Abstract: The emergence of cross-border communities and transnational associations requires new ways of thinking about the norms involved in democracy in a globalized world. Given the significance of human rights fulfillment, including social and economic rights, I argue here for giving weight to the claims of political communities while also recognizing the need for input by distant others into the decisions of global governance institutions that affect them. I develop two criteria for addressing the scope of democratization in transnational (...) contexts— common activities and impact on basic human rights —and argue for their compatibility. I then consider some practical implications for institutional transformation and design, including new forms of transnational representation. (shrink)

In this paper, Tyson E. Lewis challenges the dominant theoretical and practical educational responses to globalization. On the level of public policy, Lewis demonstrates the limitations of both neoliberal privatization and liberal calls for rehabilitating public schooling. On the level of pedagogy, Lewis breaks with the dominant liberal democratic tradition which focuses on the cultivation of democratic dispositions for cosmopolitan citizenship. Shifting focus, Lewis posits a new location for education out of bounds of the common sense of public versus private, (...) nationalism versus cosmopolitanism, inclusion versus exclusion, human versus civil rights. This is the space of the commonwealth whose actors cannot be identified as ‘citizens’ but are rather the anonymous multitude. In conclusion, Lewis finds a model for organizing this commonwealth in the work of Ivan Illich, whose learning networks speak to the urgent political and pedagogical need for exodus from the conceptual vocabulary that defines much of the contemporary field of educational theory. (shrink)

In his recent work exploring the role of science in democratic societies Kitcher claims that scientists ought to have a prominent role in setting the agenda for and limits to research. Against the backdrop of the claim that the proper limits of scientific inquiry is John Stuart Mill’s Harm Principle , he identifies the limits of inquiry as the point where the outcomes of research could cause harm to already vulnerable populations. Nonetheless, Kitcher argues against explicit limitations on unscrupulous research (...) on the grounds that restrictions would exacerbate underlying social problems. I show that Kitcher’s argument in favor of dissuading inquiry through conventional standards is problematic and falls prey to the same critique he offers in opposition to official bans. I expand the conversation of limiting scientific research by recognizing that the actions that count as ‘science’ are located in the space between ‘thinking’ and ‘doing’. In this space, we often attempt to balance freedom of research, as scientific speech, against the disparate impact citizens might experience in light of such research. I end by exploring if such disparate impact justifies limiting research, within the context of the United States, under Title VII of the Civil Rights Act of 1964 or under international human rights standards more generally. (shrink)

We argue that Paul Ricoeur’s work on narrative and alienation provides a largely untapped, though potentially fruitful way of re-thinking the question of political agency within the context of globalization. We argue that the political agency of many around the world has been placed in an exceedingly fragile position due to the rapid pace of globalization, the movement of multi-national corporations from their previous national headquarters, etc. We use Ricoeur’s work to argue that the alienation of globalization is not something (...) that can be simply overcome either in a unified world-state or a retreat to protectionist nationalism, because institutional mediation—and consequently alienation—is in some sense constitutive of all politics: the world of political representation operates by its own set of rules, which are at least partially disconnected from the represented world. Using the work of Mouffe, a radical democratic theorist, we then flesh out an ideal of agonistic citizenship (which recognizes both the need for and the inevitability of discursive struggle in politics) in a number of overlapping communities of interest, rather than tying political participation solely to the sovereign government of my state. The state will remain important, but because globalization has disenfranchised so many from their participation in “local” modes of self-governance (tied to the state in which they live), we have a responsibility to re-envision what political participation means outside the traditional context of the state. Rather than merely citizens of a particular state, we need to begin thinking of ourselves politically—and then acting—as “citizens” of Green Peace, Human Rights Watch, Doctors Without Borders, or whatever other supra-local concrete universals or communities of interest to which we belong, investing the time and energy there that we might previously have invested solely in our state’s government. (By implication, we must also ensure that these organizations work in transparent democratic ways themselves.) We believe that by re-plotting our narratives of political engagement in this way, we can positively respond to the alienation created by globalization, while avoiding both the extremes of “McWorld” (hyperglobalism) and “Jihad” (complete skepticism towards, or war against globalization) that Benjamin Barber and David Held have recently described. (shrink)

In this paper, Tyson E. Lewis challenges the dominant theoretical and practical educational responses to globalization. On the level of public policy, Lewis demonstrates the limitations of both neoliberal privatization and liberal calls for rehabilitating public schooling. On the level of pedagogy, Lewis breaks with the dominant liberal democratic tradition which focuses on the cultivation of democratic dispositions for cosmopolitan citizenship. Shifting focus, Lewis posits a new location for education out of bounds of the common sense of public versus private, (...) nationalism versus cosmopolitanism, inclusion versus exclusion, human versus civil rights. This is the space of the commonwealth whose actors cannot be identified as ‘citizens’ but are rather the anonymous multitude. In conclusion, Lewis finds a model for organizing this commonwealth in the work of Ivan Illich, whose learning networks speak to the urgent political and pedagogical need for exodus from the conceptual vocabulary that defines much of the contemporary field of educational theory. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities (...) and social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

A crucial socio-political challenge for our age is how to rede!ne or extend group membership in such a way that it adequately responds to phenomena related to globalization like the prevalence of migration, the transformation of family and social networks, and changes in the position of the nation state. Two centuries ago Immanuel Kant assumed that international connectedness between humans would inevitably lead to the realization of world citizen rights. Nonetheless, globalization does not just foster cosmopolitanism but simultaneously yields the (...) development of new group boundaries. Group membership is indeed a fundamental issue in political processes, for: “the primary good that we distribute to one another is membership in some human community” – it is within the political community that power is being shared and, if possible, held back from non-members. In sum, it is appropriate to consider group membership a fundamental ingredient of politics and political theory. How group boundaries are drawn is then of only secondary importance. Indeed, Schmitt famously declared that “[e]very religious, moral, economic, ethical, or other antithesis transforms into a political one if it is suffciently strong to group human beings e#ectively according to friend and enemy”. Even though Schmitt’s idea of politics as being constituted by such antithetical groupings is debatable, it is plausible to consider politics among other things as a way of handling intergroup di#erences. Obviously, some of the group-constituting factors are more easily discernable from one’s appearance than others, like race, ethnicity, or gender. As a result, factors like skin color or sexual orientation sometimes carry much political weight even though individuals would rather con!ne these to their private lives and individual identity. Given the potential tension between the political reality of particular groupmembership defnitions and the – individual and political – struggles against those definitions and corresponding attitudes, citizenship and civic behavior becomes a complex issue. As Kymlicka points out, it implies for citizens an additional obligation to non-discrimination regarding those groups: “[t]his extension of non-discrimination from government to civil society is not just a shift in the scale of liberal norms, it also involves a radical extension in the obligations of liberal citizenship”. Unfortunately, empirical research suggests that political intolerance towards other groups “may be the more natural and ‘easy’ position to hold”. Indeed, since development of a virtue of civility or decency regarding other groups is not easy, as it often runs against deeply engrained stereotypes and prejudices, political care for matters like education is justified. Separate schools, for example, may erode children’s motivation to act as citizens, erode their capacity for it and!nally diminish their opportunities to experience transcending their particular group membership and behave as decent citizens. This chapter outlines a possible explanation for such consequences. That explanation will be found to be interdisciplinary in nature, combining insights from political theory and cognitive neuroscience. In doing so, it does not focus on collective action, even though that is a usual focus for political studies. For example, results pertaining to collective political action have demonstrated that the relation between attitudes and overt voting behavior or political participation is not as direct and strong as was hoped for. Several conditions, including the individual’s experiences, self-interest, and relevant social norms, turned out to interfere in the link between his or her attitude and behavior. Important as collective action is, this chapter is concerned with direct interaction between agents and the in$uence of group membership on such interaction – in particular joint action. Although politics does include many forms of action that require no such physical interaction, such physical interaction between individuals remains fundamental to politics – this is the reason why separate schooling may eventually undermine the citizenship of its isolated pupils. This chapter will focus on joint action, de!ned as: “any form of social interaction whereby two or more individuals coordinate their actions in space and time to bring about a change in the environment”. Cognitive neuroscienti!c evidence demonstrates that for such joint action to succeed, the agents have to integrate the actions and expected actions of the other person in their own action plans at several levels of speci!city. Although neuroscienti!c research is necessarily limited to simple forms of action, this concurs with a philosophical analysis of joint action, which I will discuss below. (shrink)

This article presents the phenomenon of the refugee, as Hannah Arendt experienced it, to show its paradigmatic function. This was done by a philosopher Giorgio Agamben who tried to show the concept of a refugee as paradigmatic in sense that it has power to change the current theoretical concepts of political philosophy. The main thesis of the article is that not only the concept of refugee can serve as a paradigm, but many others so the emphasis of this article (...) is on a theoretical meaning and a conceptual productivity of a paradigm. In the context of a Forum Junge Theologie and its main theme »transgressions — Grenzüberschreitungen«, the concept of a paradigm is presented as a border–concept. Concept of a refugee as a border concept becomes a paradigm and in that way it can criticize the contemporary concepts such as state, citizenship and human rights and facilitate a new understanding of the society. The article, after presenting the argumentation of Agamben’s interpretation of the concept of a refugee as a paradigm, ends with thoughts about possible ways of overcoming of the border, which man had defined. Maybe this can be achieved by new appreciation of a human as such and not only as a citizen. The realities of state would remain in some way, but the understanding of the border between states should be reconsidered and changed. (shrink)

continent. 2.1 (2012): 29–35. Translated by Vincent W.J. van Gerven Oei from Jeroen Mettes. "Politieke Poëzie: Enige aantekeningen, Poëtica bij N30 (versie 2006)." In Weerstandbeleid: Nieuwe kritiek . Amsterdam: De wereldbibliotheek, 2011. Published with permission of Uitgeverij Wereldbibliotheek, Amsterdam. L’égalité veut d’autres lois . —Eugène Pottier The modern poem does not have form but consistency (that is sensed), no content but a problem (that is developed). Consistency + problem = composition. The problem of modern poetry is capitalism. Capitalism—which has no (...) image: the unrepresentable Idea of “everything.” The problem is that a poem cannot be justified. There is no excuse for it. Political poetry— pure poetry—has to be problematic, though not in a mannerist way. Yes, its problem is first its own problem—poetry’s existence in the same world as the newspaper—but therefore also always everybody’s problem (the problem of any world at all). The cult of the sublime points at a suspect desire for transcendence, nostalgia for paradise lost (the womb?). Melancholia of the post-. But a problem neither sorrows nor mourns, it is alive, and the fact that it is alive is the problem—the problem for death (rigidity, the status quo). Our symbols and ideologies do not hide any god: symbolic = state; imaginary = human; real = money. Problem: the possibility of communal speech (poetry) in the absence of a “we.” Or: what is a “we” that is not a collective subject (or in any case is not a volonté générale )? What is a universal history that is not a History? This work was started in the shade of the anti-globalization protests at the end of November 1999. I considered N30 to be the closure of the nineties, of my adolescence, and of the a seemingly total extinction of social desire. From the beginning I was skeptical about the alterglobalization movement as the avant-garde of a new politics, but something was happening . Maybe this event did not show that, as the slogan would have it, “another world” is possible, but for me it indicated that such possibility was at least still possible. That naked possibility is carrying forward. And if the fundamental tone of this work sounds more desperate than utopian, this is not caused by the catastrophic sequence that since 1999 has plunged us ever deeper into the right-wing nightmare—a nightmare that this work also gives an account for—but because my hope as yet remains empty. Composition . Composition is no design, but the production of an autonomous block of affects (i.e. a POEM), rhythmically subtracted from the language of a community. A poem does something. Is something. New Sentence . Choosing the non sequitur as compositional unit has the advantage that an abstract composition is subjected to the stress of concrete, social references. Where there is a sentence, there is always a world. (This does not hold necessarily for words on their own.) And where sentences collide, something akin to a textual civil war takes place. It is not about “undermining” whatever, or de-scribing the raging global civil war, but about writing social (or even: ontological) antagonism -- including all its catastrophic and utopian possibilities. Minor resistance. Why would poetry be the no protest zone par excellence? It is nothing but protest, not simply qua “content,” but in its most fundamental essence: rhythm. Rhythm is resistance against language, time, and space, and the basis of (what we will continue to call) autonomy. Rhythm starts with the anti-rhythmic caesura as Hölderlin remarked about Sophocles, a disruption of the quotidian drone. The destruction of everything that is dead inside of us. The noise of the avant-garde has never been the representation of the noise of (post)modernity (from the television or shopping mall), but the sober noise of the systematic exchange of an unbearable worldview. The poet does not describe, but looks for a way out: There is a Grain of Sand in Lambeth that Satan cannot find Nor can his Watch Fiends find it, tis translucent & has many Angles But he who finds it will find Oothoons palace, for within Opening into Beulah every angle is a lovely heaven William Blake was not mad. And there has always been only one poetry: the poetry of paradise. The principle is that there is something in art (the essentially creative element) that is disgusted by that which, unlike art, does not aim for the supreme. Wonder is not supreme, tranquility is not supreme, beauty is not supreme. Even amusement is not supreme! The supreme is supremely open, “das Einfache,/ Das Schwer zu machen ist” 1 : paradise. That is abstract. Literally. For me it is not about a concrete imagination, an idyll or utopia. There is no doubt a need for that, but it is not so much the supposed lack of imagination or ideals (human rights are ideals), but a fundamental lack of desire (human rights are no desires) that we suffer from, and from which we do not need to remove Nietzsche’s label of “nihilism.” “We.” George Oppen: “ Of Being Numerous asks the question whether or not we can deal with humanity as something which actually exists.” What is less actual than humanity? Nowadays it appears as a lifeless ideology of cynical power politics. Or as what makes one think. It is a shame to be human. The event is the caesura that defines rhythm. Writing toward the event is not the description of the event, but marking an abstract and intense space in which the event may unfold and keep itself. It is a task. “Remember that thou blesseth the day on which I seized thee, because such is thy obligation.” The event is a contraction (or a series of contractions) with its own rhythm and unique qualities. It is more than an explosion or demonstration. But at the same time less. The endless repetition of images and stories in the media points to a fear for the indeterminate and indeterminable void of the event. In the end there is nothing to see. We do not live in disaster’s shade or miracle’s light, but rather in the rhythm, which is contracted time, having little to do with omnipresent representations. For this book I did not intend a rhythm of evental representations (a narrative rhythm), but a rhythm which would be an event itself , because it draws the border between artwork and history. My desire for a direct engagement with the “extra-textual reality” has nothing to do with the representation of “rumor in the streets.” (What has less street cred than representation?) Naturally, a poem is no historical event and does not change anything. But a poem is a part of history that wants to be repeated forever, constructed in such a way that it is worthy of repetition. It is a part of desire (composition) made consistent (durable). The “historical event” flares up and burns down, and has to burn down to be effective. The leftovers are images and stories (representations), History—no event. The artwork—that is the ambition— remains event (though monumental and inefficient/inoperable). (No wonder that a historical singularity, a revolution, reminds us of a work of art; the resurrection yearns for a judgment, an affirmation; everything depends on it.) Hence the title does not summarize the book, let alone contract its “content” into a quasi-transcendental signifier. The title is juxtaposed to the book, like everything else inside the book, and in that relation it precisely forms a part of it. The ideal work is an open whole, lacking nothing but to which everything may be added. I have been interested in this “everything,” the world, or as I said above: capitalism. “Everything” is not the space for “wonder”—a code word, a shibboleth for petty bourgeois imagination (I recognize myself in the strangest things, a speaking dog, a canal, a pond standing straight—oh my god). No. The world is a social world, not YOUR world, poet. Power is number one. I will call “Dutch,” or “shitty,” whatever denies this power. That hurts, but this pain is an expression of the desire in the world to write another world, or as Blanchot says, “the other of all worlds” 2 : the world. Not as what “is there,” but rather as that which urges for an escape from what “is.” This is a testament of how radical reality has become, for me—or rather, a writing body—in a having-been-written. I am not interested in the problem of “meaning” as misunderstood by literary scholarsi: “order” in “chaos,” “symbolization.” Bullshit. What is there, hop, hope, now: the meaning of the taste in my mouth. Bullshit. I am not interested in the frustration of interpretation; I am writing for readers who do not want to interpret. I do not know how many “professional readers” will hear the music of a paragraph like: Sun. Sushi. Volvo. I hope more than I would think. There is a suggestion (or rather, an actual production) of speed and infinitive owing to the absence of plosives, i.e. articulations such as /k/, /t/, or /p/. Can you hear the slick suaveness? Driving car dark, vocal chiaroscuro of the word “sushi.” The unstressed /i/ stands in the middle of dark vowels and thus acquires its own special out of focus , like a momentary flash or brilliance—an obscure light. It is not about recognizing a story, but about avoiding any story whatsoever: the car disappears in the glow, cars and raw fish have nothing in common except their articulation in a language that brings them together, blurring them. A world appears in its disappearance. For a moment, light is a metaphor for language, though it cannot be reduced to tenor. It is not necessary to be a linguist or philosopher to hear this—a “difficult” poem all too often becomes an allegory of its own impenetrable being-language. The only demand: leave your hermeneutical fetish at home. This was no interpretation. Most shit has been stolen etcetera. That is no longer interesting. You cannot shoot the body with information and let your lawyers reclaim the bullets. So every sentence has been stolen. Also the ones “out” “of” “my” “head.” Why would I be allowed to steal from myself and not from others? Man takes what he needs to move forward. Whatever he encounters, finds in front of him, “occurs” to him. The writer as text editor, or singing pirate. Nothing new here. Important difference with for example Sybren Polet’s 4 montage technique: anti-thematicism. Most of the time ferocious citation from whatever I was reading, listening to, ended up in, and so on. I wrote chapter 12 on my laptop while watching CNN. On the air instead of en plein air . I often employed search engines to generate material. Chapter 20 offers the purest example of this. Often I stop recognizing a particular citation after some time. It is not uncommon for a stolen sentence to conform itself to the paragraph in which it finds itself. Sometimes I nearly arbitrarily replace words. Arbitrariness as a guarantee for absolute democracy. It is a poetics of the non sequitur : a conclusion that does not follow from the premises, the strange element in the discourse. A discourse of strangers. No logical, narrative, thematic unity. There is unity in speed/flight. It has to be read linearly, but not necessarily (not preferably) from beginning to end. The shortest distance between two points is a straight line, but this line precedes every point. The middle, the acceleration, comes first. A point occurs where two lines cross. It has been written from up close, at the level of the tension between sentences. Nothing to be seen from a distance: no form except the exchange of form, no geometrical or mythical meaning. You have to get in, “groping toward a continuous present, a using everything a beginning again and again” (Stein). 5 In Dutch, experimental poetry has been mainly dense: a small rectangular form filled with a maximum amount of poetic possibility. But at the moment the poem starts to relax, the anecdotical content seems to increase. This is what is called “epic”: long, narrative. I believe that an epic is more than that, in fact something completely different. An epic is “a poem including history,” 6 a long poem tied up with the life of community, that as a whole does not need to be narrative. The American poets of the twentieth century (Pound, Williams, Zukofsky, Oppen, Olson, Silliman) have put the epic back on the map by interpreting the poem itself as a map, and writing it as navigation. They have invented the experimental epic, a genre that has generated little original following in “our” poetry. N30 is the middle part—“always start in the middle”—of a trilogy, the contours of which remain as of yet unclear, although each episode investigates one of the three “ecstasies of time”—past, present, future—concerning society X. N30 concerns itself with the PRESENT: not with the description of actual facts but of the rhythm and the intense depth in which facts appear to us. Where are we? We are camping in the desert. Sometimes we are looking at the stars. As opposed to maximum density and minimal tension (a characteristic of most (post-)experimental lyricism), I have sought a minimal density and maximum tension in this book, considered as a long non-narrative prose poem. On the one hand, the minimal density is obtained by the inherent formlessness of prose, on the other hand by the conscious refusal of any active (formal, non-rhythmic) synthesis: the poem tells nothing, shows nothing, has no theme. I did not seek maximum tension either by loading the quotidian with epiphanic radioactivity (“wonder,” confirmation from above), or by means of the intensity of the linguistic structure. I want an abstract tension, but social in its abstraction, in other words, not neutralized by and subjected to Form. Instead of form (transcendent): composition (immanent). The concept is series. Ideal: every unit is necessary for the efficacy of the others and the whole, their relation is purely linear, i.e. non-hierarchic, non-syllogistic, non-discursive, non-narrative. Sentence related to sentence like paragraph to paragraph and chapter to chapter; the whole means nothing and represents nothing. Inside the sentence: syntax (Chomsky’s tree, a type of parallel circuit), outside: parataxis (coordination, an asyntactic line through language and world). I consider duration—the energy of duration (rhythm)—to be the fundament of a poem, the temporal inclination to delimit a “space.” Being as consistency, its consistency. A spatial part of time is not merely a metaphor for an inevitable trajectory, an inescapable time, something like “our time.” Not merely—because rhythm comes from language and is not projected onto it; the poem derives from the world like a scent and a color and a life from a flower. A series, a sequence: nothing potential, but truly infinite—the movement of an infinitude. The infinite series = everything minus totality. That means that there is no container—no Form, no Self, no Image, no Structure, not even a Fragment—just “the prose of the world.” No representation, but also no staging of the impossibility of representation (the postmodern sublime). These are no fragments, no image of a fragmented world or personality, no cautious incantations around the Void. It does not exist. It is a movement. Buying bread, a flock of birds, a bomb falling—they do not depict or represent anything, not literally, not metaphorically. There is an Idea, which is however nothing more than a rhythm, in the same way that capitalism is nothing more than a pure function. Parataxis: the white space between two sentences stresses, which is nevertheless always there, also between words, even between letters: the out of focus of idle talk, the gutter, the irreducible Mallarméan mist which renders even the seemingly most transparent text legible. The white space suggests a neutral medium for free signification, a substance of language. A non sequitur is an element from a foreign discourse, which stresses the white space as space, and problematizes freedom for supra-sentential signification. I start by withdrawing material, leaving the initiative to the sentences. In general a word presupposes less often a discourse than a sentence. What discourse is presupposed by “dog”? We could think of several, but why would we? It is more probable that, when faced with the naked word, we think of its naked (dictionary) meaning, of its denotative signified. By means of two simple interventions we may also write the word as sentence: Dog. In no way this suggests the discourse from which this sentence originates, but in any case we’re presupposing one. This is shown by questions like: “Whose dog? Who’s a dog? What kind of dog?” Etc. (Sentences are question marks.) A sentence implies/is a microcosm—a subject, a verb, an object, and so on. Even an incomplete or ungrammatical sentence does so. My main fascination while writing this book is the worldly and social aspect of language, an aspect that often becomes invisible, or rather, transparent in narrativity—the stretching of sentences into stories. Narrativity organizes a new discourse and a new world, and places a sometimes all too dispersing relation of transparence in between. The conventional novel is the brothel of being. I do not intend to prohibit brothels, and I have certainly not intended to write an anti-novel (THIS IS A POEM), but I do consider narrativity (in general, in poetry, in the news, in daily life) to be ontologically secondary with regard to an immediate being in the world through sentences, also if the latter have been withdrawn from a narrative or otherwise externally structured discourse (which in that case would therefore be chronologically primary ). Naturally, two or more sentences are always in danger of telling stories or arguing, just like the world is always in danger of becoming an objective representation, facing us, strangers. That is why need to wage war—against representation and against the interface, against interaction. AGAINST THE “READER.” To the extent that a sentence is worldly, writing is a condensed global war, and in so far as there is ultimately only one world and one open continuum of languages, it is a global civil war. Nice subject for an epic. The elaboration of a singular problem—prose as the outside of poetry, the form of the novel as purely prosodic composition scheme—“expresses” the universal problem: capitalism as Idea of the world vs. poetry as language of an (im)possible community. The paragraphs are blocks of rhythmically contracted social material. By choosing the sentence as the basic compositional component, an abstract whole may contain social sounds, without telling a story or showing an image. Composition is subrepresentative —a rhythmic, passive synthesis, or rather: a synthesis of syntheses. I never write large blocks of prose in one sitting, because there is no obvious organizational vector —plot, theme, conscience—outside the inherent qualities of the material itself. Usually I write down one sentence, sometimes two, but rarely more than three. Those sentences are usually placed in the text which I am editing at the time. In fact, there is no original composition, new chapters split off from chapters which became too long during the editing process. (Revision mainly consists of adding and inserting, displacing and dividing; only during the last phase, when the text has gained enough consistency, there may be subtraction to tighten the composition; each chapter requires a season of daily revision). This constant revision, accompanied by a continuous influx of collective background noise (to speak with Van Bastelaere), 7 makes every chapter a block condensed (“historical” and “personal”) time. The block itself is a-personal and a-historic; it is ontologically autonomous. If there is such a thing as a spirit of the times, I do not try to offer an image of it, but rather to cancel something of it by erecting a monument of its own excrement within its own boundaries. Tuning and dis-tuning , “in de taal der neerslachtigen een eigen geluid doen klinken,” 8 in other words, desiring in an Elysian way. In this sense I have intended to be able to write a political poetry. The ultimate political poem is the epic, “the tale of the tribe.” I consider N30 to be a prolegomenon to a future epic (of which it in the end will form a part a structural moment, as introduction-in-the-middle), an extended pile on top of an epic as narrative, a question of the tribe and question of its history. I was burdened by too much satire, too much bullshit. But: satire willy-nilly = the only justifiable satire. Against the abstract universalism of the market (“globalism”): concrete disgust, a positive way of saying “No.” Moreover, disgust is a specifically total attitude, which ultimately concerns the world as a whole. I hate this or that, but I am disgusted by EVERYTHING (when I am disgusted), and so it appears that satire is in fact related to the epic, in so far as it concerns society, the cosmos, history. Maybe it is no coincidence that the Dutch literary canon knows no great poet of disgust; what could be more fearful to us than society, the cosmos, and history? The T-tendency (T from Tollens 9 ) clearly points into the direction of the small, friendly, ironic, melancholic, acquiescent, wondrous, and so on. The anti-political, anti-cosmic, anti-historical. (Why am I so philosophical? To scare away the Dutchies.) And most of all: the “poetical” (the pseudo-mysticism from the backyard). Yes, the N in N30 also stands for the Netherlands (just like 30 indicates the number of chapters). I was not in Seattle, I do not live in Iraq. But is not the whole world bleeding to death on Dutch paving stones? Let’s hope that we mowed away something with this total satire, also “in myself.” The arrogant stupidity that definitely thinks to know the essence of freedom (the free development of esthetic needs inside the void), that cannot take anything serious, only believes in the disciplined bestiality of the individual (“norms and values”) and the mere functioning of a social factory which finds no justification whatsoever outside its functioning (“get to work”)… Who knows. A certain aimed destruction leaves grooves and craters, mapping out a next adventure. Pound’s periplum : sailing while mapping the coasts. Immanent orientation. The terrain changes with the map, history changes with the poem. Maps never merely organize the chaos, transcendent schemes imposed on a formless Ding-an-sich . They organize from within, surfing. But they are most of all routes back into the chaos or forward to paradise (final identity of chaos and paradise; Schlegel: “ Nur diejenige Verworrenheit ist ein Chaos aus der eine Welt entspringen kann ”10). A poem is not only a piece of history, it is also a flight from history. Maps give chaos to the form of reality , open escape routes, break through representations, make us shivery and dazed. Paradise is immanent to a fleeting desire. History is the history of labor—this is Adam’s curse—and the poet works too: For to articulate sweet sounds together Is to work harder than all these, and yet Be thought an idler by the noisy set Of bankers, school masters, and clergymen The martyrs call the world 11 But: the poet works in paradise. The paradox of the artwork, the work that is no work, the piece of history that cannot be reduced to History—this is explained by The Space of Literature , a virtual space, an autonomous rhythm, not outside, but in the midst of the noise, a piece of paradise in hell, a postcard from the vale of tears addressed to paradise, to X. Political poetry means: a poetry that dares to think about itself, about its language and about its world and about the problematic relation between both, which is this relation as problem. A poetry that thinks at all, articulates its problem. It has nothing to do with journalism or morality or debate, let alone the law or the state. It has nothing to do with “criticism” if this means the replacement of incorrect representations by other, more correct representations. It has something to do with ethics in the sense of learning to live. It has something to do with the community and the language of the community (whichever that may be) and the role of the poet regarding the community. It concerns justice without judgement or measure. In the end the just word is just a word , to paraphrase Godard: it is from a future that is unimaginable. It Is no rational engagement, but an aversion against everything that obstructs life, and love for everything what is worthy of having been loved. The world is engaged with me, not the other way round. First Exodus, then Sinai. A desire does not start with an agenda. To answer the question whether I am really so naive as to want to change the world: “We only want the world.” Justice is the world appealing to us to liberate it from all possible chains, from each organization and inequality, to be it, smooth, equal, under a clear sky—a desert and a people in a desert. That moment between Egypt and the Law. It is not a revolution, but the sky above the revolution. Poetry = the science of escape. There is no art that we already know. The weakness of modernistic epic poetry seems to me to be the unwillingness to completely abandon narrative as a structural principle, in favor of a composition “around” or from an event. The China Cantos and Adams Cantos are the low point, and the Pisan Cantos the high point of Pound’s poetry. Two types of research: archival representation of the past vs. ontology of the present (which virtually presupposes the entire history). Presupposing an event means that it is impossible for the poet to stage his own absence, but in no way makes the work personal. An event is the unknown, the new invading into the business as usual, so also the personal. The question heading this research is not: “Who am I?” but “What is happening?” The book is as little illegible as Mondrian’s work is invisible. Form is of interest only to the extent that it empowers liberation. Ron Silliman So no formalism, but what it means to live in this world and to have a future in it. I want something that holds together that’s not smooth. Bruce Andrews The past above, the future below and the present pouring down: the roar, the roar of the present, a speech— William Carlos Williams If my confreres wanted to write a work with all history in its maw, I wished, from the beginning to start all over again, attempting to know nothing but a will to create, and matter at hand. Ronald Johnson NOTES 1) “The easy thing/ that is difficult to make.” Bertold Brecht, Lob des Kommunismus . (All footnotes are the translator’s) 2) Maurice Blanchot, The Space of Literature , trans. Ann Smock. Lincoln/London: University of Nebraska Press (1989), 75. 3) Mettes uses the word “Neerlandicus,” which refers to scholars of Dutch language and literature. 4) Dutch poet. 5) Gertrude Stein. “Composition as Explanation.” A Stein Reader . Ed. Ulla E. Dydo. Evanston, IL: Northwestern University Press (1993), 495-503. 6) Ezra Pound. 7) Flemish poet. 8) “Resounding an original sound in the language of the despondent.” A. Roland Holst, De afspraak . 9) Dutch poet. 10) “Only such a confusion is a chaos which can give rise to a world.” 11) W.B. Yeats, “Adam’s Curse.&rdquo. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solidarity: From Civic Friendship to a Global Legal CommunityPaul HendricksonThe University of South Carolina. Hauke Brunkhorst. Cambridge: MIT Press, 2005. Pp. xxv + 262. $42.50, hardcover.Public appeals to solidarity have been pervasive throughout the storied history of political dissent and democratic politics. From the French Revolution and the European revolutions of 1848 to decolonization, Polish Solidarność, and the antiglobalization movement, solidarity has been invoked as a means of (...) reinventing citizenship, rights, and community. Yet political theorists have not generally accorded the concept of solidarity a degree of attention comparable to that afforded other core political concepts, such as freedom, equality, and deliberation. In Solidarity, Hauke Brunkhorst seeks to remedy this neglect, arguing that the concept of solidarity should be deemed fundamental to democratic theory and practice: "In modern societies, solidarity coincides with the concept of democracy" (xxiii). Brunkhorst presents this thesis as a corrective to current theory, but he also develops it—in the spirit of much Frankfurt School theorizing—as a Zeitdiagnose, as a timely diagnosis, regarding the threats globalization poses to democratic self-governance: "Power, law, and money are globalized [today] at the expense of democratic solidarity" (7).Solidarity, as Brunkhorst understands it, is a thoroughly modern concept. The "ideas of 1789"—in particular, the fraternité of the French Revolution—provided the historical foundation for an egalitarian and democratic model of solidarity. Over the course of the nineteenth century, the concept of solidarity [End Page 343] gradually replaced that of fraternity in the wake of industrialization. Drawing on Marx, Brunkhorst argues that what promoted working-class solidarity was "not the local sympathy of communal relations or the friendly affection... of a tightly structured polis," but rather the railway, the steamship, and the telegraph (60). Brunkhorst's historiography is woven into a broad social-theoretic framework. Following Durkheim, he reasons that the modern division of labor is not founded on the mechanical solidarity of Gemeinschaft, on a shared sense of affinity, ritual, and communal belonging, but on the organic solidarity of Gesellschaft, on the integration of an individualized, pluralist, and functionally differentiated society.To readers acquainted with contemporary German appropriations of the sociological tradition, many of Brunkhorst's conceptual moves will seem familiar. But his unique fusion of social-theoretic and historical argumentation yields a fascinating and novel characterization of solidarity. For Brunkhorst, solidarity is not a form of sentiment or emotional bond; it is not premised on compassion for "tormentable bodies" (Brecht) or on a "flexible feeling of sympathy" (Rorty); rather, "it is nothing but the democratic realization of individual freedom" (3). This normative model of solidarity is guided by the regulative ideal of a political association without domination; it envisages a polity in which the individual is neither servant nor master to her compatriots. As modes of governance become increasingly globalized, democratic forms of solidarity must reach beyond the rights traditions of particular nation-states to include a "human-rights patriotism."Brunkhorst traces this ideal back to Greco-Roman antiquity and the Judeo-Christian tradition. Drawing principally on the writings of Greek and Roman philosophers, he argues that civic friendship (philia) provided a space for mutual freedom, emancipated individuals from the bonds of kinship, generalized friendship into a form of patriotism (philia politike), and realized the universal essence of man as a political being. But this civic-republican model remained profoundly elitist, excluding the many on the basis of gender, class, and citizenship status. More suggestive and original is Brunkhorst's treatment of Jewish and Christian thought. The intersection between rhetoric and philosophy is central to his interpretation of the Exodus story and covenant theology as a form of collective countermemory and as a prophetic practice of critique. Through his reading of the Jotham fable and other biblical narratives, he argues that the Jewish prophets and the Christian New Testament avowed "the equal proximity of all humans to God" and contributed to a "prophetic project of egalitarian solidarity" (33, 36). [End Page 344]Brunkhorst's historical reconstructions culminate in the French Revolution. On his view, the otherworldly universalism of the Judeo-Christian tradition was secularized and institutionalized in the Declaration of the Rights of Man and Citizen (1789) and the first French... (shrink)

As a consequence of recent discussions on globalization in the last decade, cosmopolitanism has reappeared as an important topic of philosophical debate. The purpose of this article is to explore the possibilities and the limitations of this concept by distinguishing two opposing senses of the term. In one connotation, cosmopolitanism means the tendency to realize a cosmopolis, i.e. a unified and rationalized system of culture, commerce and politics. It implements the ideal of an encompassing logos, as is obvious not only (...) in stoicism, but in recent ideologies of technocratic globalism. On the other hand, cosmopolitanism can mean exactly the opposite: world citizenship as an attitude respectful of diversity and imperfection, and resisting all temptations of uniformity. It is shown that Kant's idea of cosmopolitan right is based primarily on such a pluralistic view, expressing the conditions under which a plurality of humans can share a public space. On the institutional level, recent ideas on a post-Westphalian world-order, implemented in theories of "cosmopolitan democracy", mesh well with this pluralistic connotation. They imply that citizens escape from the all encompassing and massive sovereignty oftraditional nation-states, not to stumble into an abstract universalism, but to reconfigure sovereignty into a plurality of concrete commitments that are also based on multi-layered trans-national associations of civil society. Potentialities and dangers of such proposals are studied. On the cultural level as well, it can be shown that citizens transcend particular national cultures, not to enter an uprooted global culture, but to enter new forms of concrete cultural environments. (shrink)

The workings of global finance are like that part of the iceberg beneath the waterline – vast, unseen and, for many, unknown. The interaction of global finance with human rights is especially opaque. The globalization of each phenomenon has occurred very largely independently of the other. Even the recent surge in interest in the global economy and human rights has been heavily focused on the real economy and on what (non-banking) corporations do and how they behave. The particular (...) dimension of interactions between finance and human rights has, by and large, been a blank space. In this article we seek to bridge the gap in understanding, perspective, and practice between the two fields by investigating actual and potential linkages in respect of four specific features of global finance – two financial products: bonds and derivatives; and two financial processes: risk management and procyclicality. These have been chosen as an illustrative sample of the complex and diverse ways in which the global financial system interacts with human rights. Although these products and processes played an important role in the recent global financial crisis, and although the interface between global finance and human rights is extensive, they have not so far featured on the human rights agenda or been the subject of detailed human rights critique. As such they provide an overview of the types of human rights issues in the financial sector that have so far been hidden from view. The paper therefore constructs an argument as to why the bridging of the gap is important and provides pointers as to how it can be done. (shrink)

Globalization is often discussed as if it were a recent phenomenon relating primarily to the development of world financial markets and improvements in information and travel technologies. But globalization is an ancient process, beginning with mercantile and cultural exchanges and facilitated by advances in transportation. In the twentieth century, the results of globalization can be seen in the rise of global capitalism and in the construction of a global economy. Most recently, the process of globalization has moved beyond the world (...) of finance, however, into areas still traditionally thought of as national concerns, such as culture and healthcare. It is no surprise, therefore, that increasingly the challenges the United States is confronting in healthcare, biotechnology, and the environment are simultaneously faced by the international community as a whole. In the wake of the HIV pandemic, growing environmental consciousness, and a series of sensational advances in biotechnology, there is a dawning realization that problems such as improving public health, regulating advances in biotechnology, and achieving sustainable environmental development transcend national borders. In other words, bioethics concerns are global in nature. (shrink)

For several decades, the international community has criticized Turkey for failing to uphold the human rights and freedoms of its citizens and for not realizing the principles of non-discrimination and equality within its borders. As Turkey’s European Union candidacy proceeds, religious groups such as the Alevis claim to face discrimination and violations of their human rights and freedoms by the Turkish state. The Justice and Development Party debated the Alevis’ problems and structured the Alevi Initiative, which conducted relevant (...) workshops and discussions. Alevi arguments regarding their places of worship and the state’s religious education policy were identified as their main challenges. Alevis argued that the state’s policies on religious education and places of worship discriminated against them and violated their human rights. Through several human rights law cases before domestic and international tribunals, Alevis requested fulfillment, protection, and assurance of their human rights and freedoms. Several court decisions agreed that Alevis’ human rights and freedoms were being violated. However, the challenges and demands of Alevis still persist, as they contend that they have not succeeded in gaining the human rights and freedoms as required in contemporary Turkey under the JDP government. (shrink)

It helps ordinary citizens evaluate their options and their responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders.The present volume ...

In her influential discussion of the plight of stateless people, Hannah Arendt invokes the ‘right to have rights’ as the one true human right. In doing so she establishes an aporia. If statelessness corresponds not only to a situation of rightlessness but also to a life deprived of public appearance, how could those excluded from politics possibly claim the right to have rights? In this article I examine Jacques Rancière’s response to Arendt’s aporetic account of human (...) rights, situating this in relation to his wider criticism of Arendt’s conception of the political. According to Rancière, Arendt depoliticizes human rights in identifying the human with mere life (zoë) and the citizen with the good life (bios politikos). For, in doing so, she takes the distinction between zoë and the bios politikos to be ontologically given whereas politics is typically about contesting how that distinction is drawn. For Rancière ‘the human’ in human rights does not refer to a life deprived of politics. Rather, the human is a litigious name that politicizes the distinction between those who are qualified to participate in politics and those who are not. In contrast to Arendt, Rancière’s approach enables us to recognize contests over human rights, such as that of the sans papiers, as part and parcel of social struggles that are the core of political life. (shrink)

The HIV/AIDS pandemic, now well into its third decade and spreading in states as diverse as Belarus, Ukraine, Indonesia, and Papua New Guinea, has shown us that we truly are sharing an interconnected world. As we struggle to deal with both ongoing and emerging threats to public health, and to reach just balances of the rights of individuals and communities, it is critically important not to lose sight of the many states where neither the rights of citizens nor the well-being (...) of the community drive policy. Secretive, rights-violating regimes make poor global citizens in a world where new threats can emerge from obscure corners of the world (like occupational exposures in the butchering of masked palm civets or chimpanzees) and spread fast and far. The mishandling of public health threats in such states may be due to incompetence, malfeasance, official denial, censorship of science, bureaucratic inertia, or the desire not to lose face on the global stage. This is true for state failure in an array of other arenas, including economics and development. But public health failures are likely to have effects beyond state borders, and to affect us all. And this may be reason for some hope: outbreaks like SARS cast a bright light on ineffective responses, and may be one more reason for the citizens of the world who live in free societies to be concerned over the fate of those who do not. (shrink)

I argue in this paper that Hannah Arendt can make a valuable contribution to the debate over global justice and our obligations to the global poor. I maintain that Arendt's work helps us to see how we might be able to combine the best impulses of both partialists and impartialists, and find a middle ground between taking seriously the importance of community as a human good, and the pressing ethical demands of noncitizens. I demonstrate that throughout her (...) corpus, we see both impulses at work. Arendt's appreciation for communitarianism is evident in a number of features of her political philosophy: the undesirability of a world state, and the necessity of a political community to secure human rights, a public sphere, and freedom. By contrast, Arendt's cosmopolitanism is rooted in two features of her political phenomenology: that political action is about the world , a love of the world, and not particular people; and that human togetherness underlies action while human solidarity is its primary motivation. In addition to these two seemingly contradictory threads in Arendt's work there is a third element: Arendt's attempt to mediate between these two impulses through her concept of judgment. To judge means to start from your position within a community, and to take into consideration all other relevant perspectives, regardless of nationality. In this manner, we are able to take seriously what we owe to both our compatriots and people in dire need who are not fellow citizens. In short, in judging, though we begin from our partialist commitments, we must take on a larger cosmopolitan perspective, and ultimately mediate between the two perspectives. Consequently, I hope to show that Arendt can indeed make a contribution to the ongoing debate over our moral obligations to noncitizens in situations of dire necessity. (shrink)

The centenary of Hannah Arendt’s birth in 2006 has provided the catalyst for a body of literature grappling with the legacy of her thought, especially the question of its enduring political relevance. Yet this literature largely excludes from consideration a significant aspect of Arendt’s legacy, namely, her account of evil and its devastating political reality. This article contends that the neglect of Arendt’s understanding of the dynamic reality of evil unnecessarily delimits the opportunities her legacy affords to (...) diagnose forms of evil today. In particular, I propose that Arendt’s notion of evil and her unique insight into its dynamic reality remain very much pertinent in light of a globalizing world where the conditions of extreme deprivation and exclusion have become thoroughly bound up with the structurally unequal conditions of the global political economy. The persistent global poverty knowingly reproduced in and through policies and practices of economic globalization effectively renders vast numbers of people superfluous and “rightless,” resulting in a distinctive form of political evil. I conclude that more attention should be paid to the deeper pertinence of Arendt’s concepts of evil, human superfluousness, and rightlessness for contemporary political life. (shrink)

Robert Post's work in constitutional theory is engaging in an exceptional way: it always forces one to rethink and reconsider the basic tenets of the field. In his article The Challenge of Globalization to American Public Law Scholarship, Post discusses American public law and human rights scholarship in the age of globalization. In this comment, I will make a few remarks on some of the points raised in the article.

Globalization is being celebrated in many circles as a distinctive achievement of our age, drawing peoples and societies more closely together and creating far greater wealth than any previous generations ever knew. While the first of these assertions is correct in the sense that societies and cultures are colliding, hitherto relatively closed horizons are opening up, and spaces and time are compressing, the second deserves critical interrogations. Using Africa's experience with globalization as a case study, this article argues that globalization (...) be understood as an emerging preference for certain institutional and policy practices that are creating and coercively imposing pervasive but avoidable conditions of material deprivations on many societies. The article defends a motivational rationale anchored in the normative vision of socio-economic and development rights as a way to mitigate the deleterious effects of unguarded globalization. (shrink)

_The Challenge of Human Rights_ traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today’s increasingly globalized world. Provides an engaging study of the origin and the philosophical and political development of human rights discourse. Offers an original defence of human rights. Explores the significance of human rights in the context of increasing globalisation. Confronts the (...) major objections to human rights, including the charge of western ethical imperialism and cultural relativism. Argues that human rights logically culminate in an ethical cosmopolitanism to reflect the moral unity of the human race. (shrink)