Sixty years ago, the political theorist Hannah Arendt, an exiled Jew deprived of her German citizenship, observed that before people can enjoy any of the "inalienable" Rights of Man-before there can be any specific rights to education, work, voting, and so on-there must first be such a thing as "the right to have rights". The concept received little attention at the time, but in our age of mass deportations, Muslim bans, refugee crises, and extra-state war, the phrase has become the centre of a crucial and lively debate. Here five leading thinkers from varied disciplines-including history, law, politics, and literary studies-discuss the critical basis of rights and the meaning of radical democratic politics today.
Hannah Arendt's most important contribution to political thought may be her well-known and often-cited notion of the "right to have rights." In this incisive and wide-ranging book, Peg Birmingham explores the theoretical and social foundations of Arendt's philosophy on human rights. Devoting special consideration to questions and issues surrounding Arendt's ideas of common humanity, human responsibility, and natality, Birmingham formulates a more complex view of how these basic concepts support Arendt's theory of human rights. Birmingham considers Arendt's key philosophical works along with her literary writings, especially those on Walter Benjamin and Franz Kafka, to reveal the extent of Arendt's commitment to humanity even as violence, horror, and pessimism overtook Europe during World War II and its aftermath. This current and lively book makes a significant contribution to philosophy, political science, and European intellectual history.
Professor John Douglas Macready offers a post-foundational account of human dignity by way of a reconstructive reading of Hannah Arendt. He argues that Arendt’s experience of political violence and genocide in the twentieth century, as well as her experience as a stateless person, led her to rethink human dignity as an intersubjective event of political experience. By tracing the contours of Arendt’s thoughts on human dignity, Professor Macready offers convincing evidence that Arendt was engaged in retrieving the political experience that gave rise to the concept of human dignity in order to move beyond the traditional accounts of human dignity that relied principally on the status and stature of human beings. This allowed Arendt to retrofit the concept for a new political landscape and reconceive human dignity in terms of stance—how human beings stand in relationship to one another. Professor Macready elucidates Arendt’s latent political ontology as a resource for developing strictly political account of human dignity hat he calls conditional dignity—the view that human dignity is dependent on political action, namely, the preservation and expression of dignity by the person, and/or the recognition by the political community. He argues that it is precisely this “right” to have a place in the world—the right to belong to a political community and never to be reduced to the status of stateless animality—that indicates the political meaning of human dignity in Arendt’s political philosophy.
This volume examines contemporary debates on the foundations of human rights through the lens of Arendt's writings, showing how Arendt’s phenomenological standpoint, unique within these debates, is able to shed new light a number of problems within human rights theory.
Rightlessness in an Age of Rights offers a critical inquiry of human rights by rethinking the key concepts and arguments of twentieth-century political theorist Hannah Arendt. At the heart of this critical inquiry are the challenging questions posed by the contemporary struggles of asylum-seekers, refugees, and undocumented immigrants.
This introduction to human dignity explores the history of the notion from antiquity to the nineteenth century, and the way in which dignity is conceptualised in non-Western contexts. Building on this, it addresses a range of systematic conceptualisations, considers the theoretical and legal conditions for human dignity as a useful notion and analyses a number of philosophical and conceptual approaches to dignity. Finally, the book introduces current debates, paying particular attention to the legal implementation, human rights, justice and conflicts, medicine and bioethics, and provides an explicit systematic framework for discussing human dignity. Adopting a wide range of perspectives and taking into account numerous cultures and contexts, this handbook is a valuable resource for students, scholars and professionals working in philosophy, law, history and theology.
This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.
Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.
Is it citizenship of a state or status as a human being that confers human rights on a person? If a person is stateless, how, and in what way, do human rights still apply to them? This book addresses these questions in the context of international human rights law and the notion of the 'right to have rights'.
