
The Radical Philosophy of Rights
Description
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The book examines the history and philosophy of the (legal) person, the subject, the human and dignity from classical Rome to postmodern Brussels. It traces the gradual abandonment of right, virtue and the common good for individual rights and self-interest. The limited and distorted conception of rights of liberal jurisprudence is contrasted with an alternative that sees rights as a relation involved in the struggle for recognition and an everyday utopia. The right to resistance and revolution, prohibited but regularly returning like the repressed, rescues law from sclerosis and presents a case study of the paradoxical nature of rights. Finally, the book offers a brief examination of law's encounter with radical politics informed by the author's strange experience as an 'accidental' politician in the first radical left government in Europe. The book's radical concept of legal philosophy and public law will be of considerable value to legal theorists, political philosophers and anyone with an interest in thinking and acting in ways that go beyond the limits of liberal, and neoliberal, ideology.
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Person
Content
PART I
Law, persons, rights
Prologue: are women and animals persons?
1 A brief history of the person
2 The story of dignitas
3 What is the legal person?
4 Subject, individual, human
5 Legality after virtue: from (objective) right to (subjective) rights
PART II
The paradoxes of rights
6 The paradoxes of human rights
7 Rights, identity, desire
8 Marx, the radical left and rights
9 The poverty of (rights) jurisprudence
PART III
The right to resistance
10 Philosophy and resistance
11 The 'right to the event': the legality and morality of revolution and resistance
12 Prolegomena towards a theory of righting
Epilogue: critical legal studies goes Greek
Bibliography
Index
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