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Human Rights Contested – Part I

22 Feb

This post (presented in two parts) is drawn from a review article that will be forthcoming in The Journal of Intervention and Statebuilding, which looks at a recent set of critical writings on human rights in order to consider the profound limitations and evocative possibilities of the contested idea and politics of human rights.

Human Rights in a Posthuman World: Critical Essays by Upendra Baxi. Oxford: Oxford University Press, 2009.

Surrendering to Utopia: An Anthropology of Human Rights by Mark Goodale. Stanford, CA: Stanford University Press, 2009.

The Divided World: Human Rights and Its Violence by Randall Williams. Minneapolis, MN and London: University of Minnesota Press, 2010.

After Evil: A Politics of Human Rights by Robert Meister. New York, NY: Columbia University Press, 2011.

The central tension of human rights is that they propagate a universal and singular human identity in a fragmented political world. No one writing about human rights ignores this tension, but the most important question we face in judging the value of human rights is how to understand this tension and the divisions it creates. The expected divisions between good and evil, between moral universalists and dangerous relativist, between dignified interventionists and cowardly apologists, have long given shape to human rights, as both an ideal and a political project. Seeing the problems of (and for) human rights in these habituated ways has dulled our capacity for critical judgment, as few want to defend evil or violent particularisms or advocate passivity in the face of suffering. Even among serious and determined critics our inherited divisions are problematic (and increasingly over rehearsed), whether we think of human rights as the imposition of Western cultural values, or in terms of capitalist ideology serving the interests of neo-liberal elites, or as an expression of exceptional sovereign power at the domestic and global levels. The ways that these divisions deal with the tension at the heart of human rights misses the ambiguity of those rights in significant ways.

     Rather than trying to contain the tensions between singularity and pluralism, between commonality and difference, in a clear and definitive accounting, the authors of the texts reviewed here allow them to proliferate. Rather than trying to resolve the problem of human rights, they attempt to understand human rights in their indeterminate dissonance while exploring what they might become. To create and invoke the idea of humanity is not a political activity that is unique (either now or in the past) to the ‘West’. The people most dramatically injured by global capitalism sometimes fight their oppression by innovating and using the language and institutions of human rights. Political exceptions – the exclusion of outsiders, humanitarian wars and imperialist conceits – are certainly enabled by the same sovereign power that grants rights to its subjects, which is a metaphorical drama all too easily supported by human rights, but it is only a partial telling of the tale, a telling that leaves out how human rights can reshape political authority and enable struggles in unexpected ways. The work of these authors pushes us to reject the familiar divisions we use to understand the irresolvable tension at the centre of human rights and see the productive possibilities of that tension. If human rights will always be invoked in a politically divided world, and will also always create further divisions with each declaration and act that realises an ideal universalism, then our focus should be on who assumes (and who can assume) the authority to define humanity, the consequences for those subject to such power, and the ends toward which such authority is directed. Continue reading 

The Politics of Austerity: Emergency Economics and Debtocracy

17 Jul

austerity |ôˈsteritē| noun – sternness or severity of manner or attitude

It was possible, therefore, to commit a sin without knowing that you committed it, without wanting to commit it, and without being able to avoid it. Sin was not necessarily something that you did: it might be something that happened to you.

– George Orwell, “Such, Such Were the Joys”

Why what have you thought of yourself?

Is it you then that thought yourself less?

Is it you that thought the President greater than you?

Or the rich better off than you? or the educated wiser than you?

 I do not affirm that what you see beyond is futile, I do not advise that you stop,

I do not say leadings you thought great are not great,

But I say that none lead to greater than these lead to.

– Walt Whitman, “A Song for Occupations,” Leaves of Grass

The Politics of Austerity – Part I

This is the first in a series of posts that look at the political implications of the ongoing global economic crisis. I begin by examining the way that crisis is being used to attack the very idea of democracy through an assertion of the political imperatives of “the market” and the violation, bending and re-writing of the law by capitalist elites. I conclude by laying out how understanding the economic crisis in political terms shapes our ability to respond to it.

In the second post I’ll look at the ethos of austerity, which justifies the pain inflicted on largely innocent people, while suggesting that an affirmative democratic response to the economic crisis must begin with its own ethos, which I suggest should be an ethos of care for the world – which can provide orientation and inspiration for political struggles seeking to address the deeper causes of our current crisis. In the third post, I turn to the structures of the economy and of politics that define the current crisis, looking at the banking crisis, the bailouts, the politics of recovery/austerity and also reflecting of the structural imperatives of capitalism that led us to crisis. This, then, leads to the question of how to respond to the politics of austerity, and of what alternative actions are available to us, which is where the fourth and final post will pick up – with an affirmation of a caring ethos that supports a radically democratic economic vision.

Emergency Economics

In a previous post I briefly highlighted Bonnie Honig’s work, Emergency Politics, to examine the way that the ethical case for austerity is made; most basically, the existence of a supreme emergency, in this case economic, justifies actions that would normally be considered unacceptable. Honig’s work looks at how the appeal to emergency is used to reassert the exceptional political power of the sovereign over and against the law, with a focus on the reassertion of sovereignty witnessed over the past ten years in response to the threat of terrorist attack in the US and Europe.

Rather than accepting the necessarily intractable conflict between the power of the sovereign and the power of the law, Honig attempts to deflate this paradox by turning her attention to the always ongoing contestation that defines democratic politics, a contest over both the content of the law and the institutional embodiment of sovereign power. She suggests, then, that attending to the ambiguities of the “people”, who are both the democratic sovereign and a diffuse multitude, as well as the political element in the law – as new laws come into being through political action – enables us to avoid thinking about emergencies as moments of exception in which the rule of law is lost to the play of political power, while also acknowledging the limits of established law in moments of profound crisis. By undermining the exceptional nature of crises and emergencies Honig alters the challenge we face when circumstances force us to make choices or carry out actions we know are harmful and wrong by asking what we (democratic publics and citizens) can do to survive an emergency with our integrity in tact.

What do we need to do to ensure our continuity as selves and/or our survival as a democracy with integrity? Our survival depends very much on how we handle ourselves in the aftermath of a wrong. We will not recover from some kinds of tragic conflict. But when faced with such situations, we must act and we must inhabit the aftermath of the situation in ways that promote our survival as a democracy.

I continue to find this a useful way to understand our current economic crisis. Appeals to austerity depend upon the exceptional state created by crisis in order to justify the pain inflicted upon masses of people and the priority given to private interests (the markets, investors and bankers) over democratic publics. So, as democratically enacted laws must bow before the sovereign power threatened by exceptional attacks, so economic justice and democratic equality must bow before the commands of market forces, of economic inevitability, in this time of crisis.

The economic version of this argument is stronger still. While the space of political contestation that remains open when we accept the framing of emergency politics is limited, it does exist in the clashing of opposing sovereigns. The prospect of a substantive alternative to neoliberal economic ideology is dim, a light flickering weakly on antiquated appeals for a return to Keynesianism or watered down triangulations of the moderate-middle that sell off dreams of a just economy bit by bit – capitalist realism in action.

Honig awakens us to an important aspects of our current crisis: that “the market” is not in fact supremely sovereign, and the move to re-establish and further neoliberal policies and push through austerity measures requires an engagement in democratic politics – albeit one that undermines the notion of the public itself and seeks to use the power of the law to subvert democracy. Recognising the current crisis in these terms not only challenges us to consider how to survive our current troubles without giving up democratic virtues, it also reinvigorates and clarifies the political challenge we face. Emergency economics – with its assertion of debtocracy over democracy – is not an inevitable response to the crisis, it is a political one that we can, and should, fight against.

Continue reading 

Serious Obstacles; Or, Why Is The UK Government Undermining International Protections Against Gendered Violence?

8 Mar

Today is the 100th International Women’s Day. The Government has been announcing its latest action plan on violence against women and girls (including some bold promises for increased funding for rape crisis centres) accordingly. But The Times reports that British officials have, in the same moment, been deliberately undermining a draft convention against violence against women at the Council of Europe. Specifically:

Britain objects to the words, “violence against women is understood as a violation of human rights”. Instead, it wants “violence against women constitutes a serious obstacle for women’s enjoyment of human rights”.

Even more damningly, our representatives apparently want the convention to apply only to gendered violence carried out in ‘peacetime’ and not to violations in war. Today’s Home Office announcements make reference to various avenues and promises of international ‘co-operation’, but say nothing about this specific charge. Media reports are similarly silent so far.

This is extraordinary. The timing is brutally ironic, although that is likely down to the Editors at The Times. But why would William Hague and co., newly championing freedoms elsewhere, suddenly seek to undermine international cooperation on this front?

Continue reading 

Intimate Dissidence: Assange, Foucault and (Feminist) Rape Discourse

14 Jan

At Critical Legal Thinking, Narnia Bohler-Muller takes issue with the narrow legalism of the often ‘surreal’ commentaries on the Assange controversy. In amongst the denunciation and counter-denunciation she detects an undercurrent of disciplinary power. On this account, the apparently ‘very broad’ rape laws of Sweden, like efforts in South Africa to force HIV tests on rape suspects, enforce dichotomies under the guise of legal formality, and so cast the accused as impurities of the social body:

The argument is that the law is not an appropriate instrument to deal with matters of sexual intimacy as general principles can never do justice to the particularity of the situation and the nuances of sexual game-playing. Such is the forceful and violent nature of The Law. To depend on legal regulation to resolve all the complexities and quirks of human relations is a dangerous precedent and enforces the dualisms of guilt/innocence and normal/perverted. It is such dualisms that serve to re-produce Foucauldian ‘docile bodies’ that do not threaten or resist the status quo

…The problem is that in such a way harmless conduct may be punished merely because we do not approve of it. If Assange is HIV negative, which one assumes he is, and neither of the complaints fall pregnant, then his failure to wear a condom caused no harm. Or are we now choosing to punish potential harm or the risk of harm? Or, perhaps, punishing the failure to be a considerate lover, or the narcissism and promiscuity of a man who fucks helpless women and then leaves?

This ends up turning sexual assault into a form of dissent, a refusal “to express comfort with any kind of subservience to Authority“. As before, Assange is not really the issue, merely a bystander and stand-in. But, amidst her caution against law as a substitute for political critique and her rejection of marginalising discourse (points well-taken), Bohler-Muller’s use of him to mobilise broader arguments about a Foucauldian analytics of rape raises some stark problems. Continue reading 

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