Critique of Rights Format: Paperback
Christoph Menke; Translator: Christopher Turner
Language: English
Published by John Wiley and Sons, 2020
- Softcover
- New
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- Title
- Critique of Rights Format: Paperback
- Author
- Christoph Menke; Translator: Christopher Turner
- Publisher
- John Wiley and Sons
- Publication year
- 2020
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1509520392
- ISBN 13
- 9781509520398
In this major new work, Christoph Menke adopts a different approach: he argues that we can address and overcome this paradox only by embarking on a fundamental inquiry into the nature of rights. Rights are a specific configuration of normativity: to have a right is to have a justified and binding claim. But with the equal rights declared by modern revolutions, rights assumed a particular form: the normative claim to equality was combined with an assumption about the factual conditions of social life. In this conception, society is the realm of private individuals pursuing their interests, and private interests are therefore seen as the natural basis for politics – what Menke calls ‘the naturalization of the social’. By laying bare this conception which lies at the basis of political literalism and modern law, Menke is able to criticize and move beyond it, opening up a new way of understanding rights that no longer involves the disempowering of the political community.
This radical critique of rights and of modern law is a major contribution to critical theory and legal theory and it will be of great interest to students and scholars in social and political theory, philosophy and law.
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