Download e-book for kindle: Human Rights Law and the Marginalized Other by William Paul Simmons
By William Paul Simmons
It is a groundbreaking program of latest philosophy to human rights legislation that proposes numerous major strategies for the innovative improvement of human rights. Drawing at the works of famous "philosophers of the Other" together with Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler, and such a lot centrally the Argentine thinker of liberation Enrique Dussel, this publication develops an ethics according to concrete face-to-face relationships with the Marginalized different. It proposes that this ethics may still motivate a human rights legislation that's grounded in transcendental justice and framed from the point of view of marginalized teams. Such legislations might consistently deconstruct the unique violence present in all human rights treaties and tribunals and advertise preferential therapy for the marginalized. it'd be in particular conscious of such matters as entry to justice, voice, illustration, enterprise, and accountability. This method differs markedly from extra traditional theories of human rights that prioritize the autonomy of the ego, kingdom sovereignty, democracy, and/or equality.
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Extra info for Human Rights Law and the Marginalized Other
9 However, I argue that it is her theory of judgment that is most problematic; it points to a problem with theories of judgment all the way back to Aristotle, namely, the cauterization (in its three facets) of the marginalized Other. An in-depth analysis of her theory of judgment is warranted as it will reveal how even a concrete universalism developed in the context of the fight against totalitarianism can further marginalize the Other. In subsequent chapters I borrow from Arendt's corpus such political ideas as the right to have rights, but I remain wary of this propensity for marginalization.
Arendt writes, "As a Jew I take my sympathy for the cause of the Negroes as for all oppressed or underprivileged peoples for granted, and should appreci ate it if the reader did likewise" (Arendt 1959a, 46). 4 We may be concerned by Arendt's condescending attitude, 4 Arendt describes her method in this way in her reply to her critics (Arendt 1959b, 179-181). For Norton (1995) such a claim signals that Arendt never calls her own privilege into ques tion: "In claiming that she, as au thor, can declare where her sympathies lie, she reveals that the texts she has already authored do not accomplish this end" (248).
004, 52). Arendt also selectively reads much of the civil rights movement and the massive Southern resistance. In her strong desire for political plurality, she embraces the states' rights claims of the segregationists because "states' rights in this country are among the most authentic sources of power, not only for the promotion of regional interests and diversity, but for the Republic as a whole" (1959a, 54). She fails to see the context of the states' rights claims, including the extreme measures that the Southern states were willing to take to resist the implementation of Brown.