Reconstructing Human Rights

The first in a forum on Joe’s recently released Reconstructing Human Rights: A Pragmatist and Pluralist Inquiry in Global Ethics (Oxford University Press, 2016). A number of commentaries will follow in the coming days.


hoover-reconstructing-human-rights-cover1Earlier this year I visited Sylvia’s Corner, the home of the Focus E15 campaign, to give a talk about the human right to housing. As I shared my research, based on work I had done with housing campaigns in Chicago and Washington DC, I was struck by how this specific moment illustrated what I most hope Reconstructing Human Rights might accomplish—namely, helping to reconstruct human rights as a more democratic idea, and practice.

In London, Focus E15 has been fighting for the human rights of those struggling to secure a decent home for themselves and their families, often struggling against the very public agencies who should be assisting them. Their work not only draws on an ethical and political language of human rights, but it also remakes that language, renders it suitable to their needs and responsive to their experiences. I have witnessed this same process with other campaigns, such as the  Chicago Anti-Eviction Campaign, and with community organising groups like ONE DC in Washington DC. It was revealing to act, even briefly, as a conduit through which the experiences of these distant groups could be relayed. Human rights are constantly being remade, repurposed—reconstructed—to serve the ends of those suffering from injustice. It is this reality that motivates my book, which is at its core an attempt to understand how human rights can be both an instrument of the privileged and powerful, and also a weapon for the oppressed and disempowered. I wrote this book because I wanted to know, what should we make of human rights?

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The Crisis of Europe and Colonial Amnesia

Recent commentary on the Eurozone crisis has started to pick up the grammar of colonial rule. The centre for Research on Finance and Money at SOAS, for example, has published an influential report wherein northern Europe (Germany especially) is framed as the core and southern Europe (especially Greece) as the periphery. Meanwhile, Ulrich Beck, European cosmopolitan par excellence, wonders whether the European Union will become “a European Empire with a German stamp”. Beck notes that Merkel’s sense of power “conforms to the imperial difference between lender and borrower countries.” At stake, agree many prominent European intellectuals in the pages of The Guardian, Eurozine and Der Spiegel, is no less than the promise of freedom and democracy immanent to the European project itself. All variously agree that, against the imperial sclerosis spread by capitalist and bureaucratic functionaries at the highest levels of governance, what is needed is a rejuvenation of meaningful democracy at a grass-roots level.

Faced with a dismantling of democracy Jürgen Habermas mounts a plea to save the old “biotope of Europe”. The constitutive components of this threatened ecosystem are freedom and democratisation, and its genesis lies in the Second World War and the fight against fascism and “internal” barbarism. The president of the European Central Bank has himself proclaimed that Europe now faces its “most difficult situation since the Second World War”. Alternatively, for many social democratic and leftist commentators, the danger of the situation lies in the loss of the “internal” struggle of labour and capital that defined the Cold War landscape. In the new context of EU institutional “empire” and its neoliberal tentacles, the defeat of labour quickens the erosion of social democracy, thus deciding the fate of the European project.

Europe, then, is perceived to be “colonizing” itself and in the process destroying freedoms and democratic structures that had been hard fought for by the general populace against political oppression and economic exploitation. But this angst-ridden imaginary of European crisis has very little to say about the substantive historical and global dimensions of European colonialism. Does cosmopolitan and social democratic angst cover these legacies and contemporary effects? In fact, in most recent treatises on the crisis the struggle for decolonization is given no integral status, even though these particular struggles were inseparable to and spanned the formative time period of the European project – the Second World War (and the Cold War). Some do mention current issues of migration and xenophobia. Nevertheless the implication, in general, is that colonial legacies are derivative of, or additional to, the core struggle for democracy and freedom in Europe. Fascism, Cold War, class struggle: yes; colonization, imperialism, decolonization and liberation struggle: not really.

Not all intellectuals suffer from this colonial amnesia. A number of scholars including Robert Young, Pal Ahluwalia, Paige Arthur and Alina Sajed have argued that in some key strands of post-War French thought, the issue of colonialism and decolonization was integral to discussions of European re-democratization and humanist concerns. This engagement reached a peak in the Algerian war of independence in the late 50s before falling into abeyance. And this was precisely the same time, we should note, as the Treaty of Rome, which bound European countries together in a tighter economic union simultaneoulsy sought to re-bind (post-)colonial African polities, peoples and resources into this union.

More generally, there has accumulated a significant amount of scholarship that reveals the colonial influences that shaped and were woven into quintessentially “European” intellectual/political movements such as Enlightenment and modernity. Continue reading

What We (Should Have) Talked About at ISA: The Politics of Humanity and The Ambiguous History of Human Rights – Part III

This is the final post in a series laying out a set of interrelated arguments I presented at this year’s ISA conference. The first post looked at the nature of human rights claims, while the second considered how rethinking human rights in terms of contestation over the ambiguous meaning of humanity as a political identity affects our understanding of the history of human rights. In the final post I suggest a positive ethos, enabled by attending to human rights in terms of agonism and pluralism.

Human Rights as a Democratising Ethos

In part 1, I analysed human rights as an attempt to offer a universal moral justification of political authority. This is a perennial political question, but one which is reconfigured by talk of “human rights”, as the political identity of humanity opens up question over who is included in political community, as well as the boundaries that define such communities. The stakes of the question of human rights – offering a universal account of who is included as a rights bearing member of the political community, and the legitimate order of that community – lead to a profound anxiety over justifications. The moral reasons we have to uphold human rights should be weighty, powerful and certain – or so the logic dictates.

What emerges from this logic is an essentially legislative understanding of human rights, in which moral principles give justification for the necessary and minimal law to grant legitimacy to the universal vision of both individual and community. If this moral law is to be more than an imposition of power, a merely effective positive law, it must involve a universal moral appeal that cannot be denied in order to secure human rights as the necessary law of legitimate authority. In this regard Habermas’ defense of moral universality and human rights are indicative and sophisticated examples. (Habermas 1992, 1998)

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