Mark Goodale

Human Rights Contested – Part II

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This is a continuation of my previous post…

Who Are Human Rights For?

All of the authors take account of the ambiguous history of human rights, in which they can be said to have inspired the Haitian, American and French revolutions, while also justifying the counterrevolutionary post-Cold War order dominated by the United States. Yet recognising this ambiguity without also acknowledging the distinctive reconstruction of contemporary human rights that makes them part of a neo-liberal international order and the unequal power that makes such a quasi-imperial order possible would be irresponsible. A primary contribution made collectively by these texts is that they clearly diagnose the way human rights have been used to consolidate a particular form of political and economic order while undercutting the need for, much less justification of, revolutionary violence. Williams says of Amnesty International’s prisoners of conscience, who serve as archetypal victims of human rights abuse,

the prisoner of conscience, through its restrictive conditions, performs a critical diminution of what constitutes “the political.” The concept not only works to banish from recognition those who resort to or advocate violence, but at the same time it works to efface the very historical conditions that might come to serve as justifications – political and moral – for the taking up of arms.

Human rights, then, are for the civilised victims of the world, those abused by excessive state power, by anomalous states that have not been liberalised – they are not for dangerous radicals seeking to upset the social order.

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Human Rights Contested – Part I

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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 →

Human Rights as Crisis Morality – a reply

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If Anthony will forgive my presumptuousness, it seems that the crisis of human rights that worries him is that while critics have much to offer by highlighting the limitations, paradoxes, silences and aporias of human rights, they fail to offer a moral vision that can inspire or a practical politics that might make the world better. This concern goes beyond the practiced rejection of philosophising as an indulgence in the face of human misery. Anthony is concerned with the deeper problem faced by those critics who identify human rights with the global exertion of Western authority and a depoliticised vision of the individual and society under the conditions of contemporary neo-liberal capitalism. And that problem is that the process of critique itself risks overwhelming the possibility of political action for moral ends – to do good on behalf of, and in solidarity with, the “poor, downtrodden and despised”.

There’s a crude version of this critique that suggests human rights naysayers are obscurantist intellectuals, whose evasive politics demonstrate the bankrupt quietism of the contemporary left – or, as they would say back home, that they are “all hat and no cattle”. In his post Anthony is getting at something more substantive and, I think, very important, which is the difficulty of finding a critical ground for moral action in political life. If one admits the limitations and pernicious aspects of human rights as a broad set of political practices, what alternative justification can be offered for political action?

While supportive of human rights, Anthony is quite clear that the

difficulty here for human rights is that the very rhetoric of the movement, with its built in moralism and boosterism, makes it hard to consider that “human rights might be a bad thing”, or that they may not be the best – and certainly not the only – framework for considering serious problems and issues within the international system.

For this reason he respects the important role that critiques of human rights play in recognising the tendency for moral claims to be co-opted by political power, deconstructing the essentialised account of humanity, tracing the violence done to difference through universal claims and acknowledging the politics inherent in any account of justice. The key question, then, is what happens in the wake of our critical interrogation of human rights? Continue reading →

New Scholarship on Human Rights

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Human rights in politics and academia is ubiquitous and the literature on it ever-expanding. Yet much of what I hear and read is much of a piece, which is why I thought it would be interesting to highlight three (relatively) recent books that, I think, are developing the most interesting studies and new understandings of human rights. The texts don’t represent a cohesive agenda but rather reveal lines of connection through three (at least) different disciplines – and as I suggest below, collectively they contribute to an important and emerging way of rethinking human rights, particularly for those who are critical of the role human rights play in justifying the actions of powerful states and coercive interventions.

The Practice of Human Rights: Tracking Law Between the Global and the Local, edited by Mark Goodale & Sally Engle  Merry (Cambridge University Press, 2007)

Human Rights and Social Movements, by Neil Stammers (Pluto Press, 2009)

Silencing Human Rights: Critical Engagements with a Contested Project, edited by Gurminder K. Bhambra & Robbie Shilliam (Palgrave, 2009)

My own research on human rights is in global ethics and international political theory, but I have found myself increasing dissatisfied with the account of human rights as a political practice offered in many contemporary works. Within philosophy and political theory, empirically grounded human rights research is particularly lacking, but even within political science and international law there is a dearth of good critical work based in historical or contemporary analysis of how human rights are actually put to use. Continue reading →