Introduction to Human Rights

Fall 2014
Prof. Ins Valdez
Session ! "riti#ues of rights
$arl %ar& '1(1()1((*+

Prussian ,hiloso,her and ,olitical economist-

e&iled for re.olutionar/ acti.it/- li.ing in
0ngland from 1(4 until his death

1 ,rominent critic of ca,italism and its

alienating conse#uences

2rote 3idel/ alone and 3ith Friedrich 0ngels

"laimed the ,rimac/ of the material 3orld

'relations of ,roduction+ 3hich 3ere reflected
in the 3orld of ideas
4n the 5e3ish 6uestion

It is a res,onse to 7runo 7auer

8es,ite title- essa/ 9no3n for its criti#ue of

rights

It:s a harsh criti#ue to ,olitical declarations of

rights and e#ualit/
%an and citizen

Political 0manci,ation

Human 0manci,ation

%aterial;0goistic Indi.idual) 8egrades

indi.iduals

S,ecies)7eing) It is the inherentl/ conscious-

creati.e and social as,ect of human nature.

0goistic %an degrades indi.iduals

%an and citizen 'cont.+

Politics is the means to the defense of an

une#ual ci.il societ/

"itizen is the means for an egoistic man

<rue emanci,ation can onl/ =e achie.ed 3hen

man and citizen are reunited
Im,rescri,ti=le rights according to
%ar& ',, 14>)14?+

@i=ert/!
l
Formal Freedom Versus 1ctual Anfreedom

Pro,ert/!
l
Indifferent to Pro,ert/ 7ut 1llo3s It
l
Source of 0goism

0#ualit/
l
<reated 2ithout 8iscrimination Versus Stratification

Securit/
l
<ruth of "i.il Societ/
l
Preser.es 0goism
Some conce,ts
7

"i.il societ/! non ,olitical s,here- including

s,here of 3or9- famil/- etc.

Political re.olution! modern re.olutions- li9e

the French re.olution

Politics! s,here common to all- independent

from the other elements of ci.il life
B<hus none of the so)called rights of man goes
=e/ond egoistic man- man as he is in ci.il societ/-
namel/ an indi.idual 3ithdra3n =ehind his
,ri.ate interests and 3hims and se,arated from
the communit/C <he onl/ =ond that holds them
together is natural necessit/- need and ,ri.ate
interest- the conser.ation of their ,ro,ert/ and
egoistic ,erson.D , 14?
B<he actual indi.idual man must ta9e the
a=stract citizen =ac9 into himself and- as an
indi.idual man in his em,irical life- in his
indi.idual 3or9 and indi.idual relationshi,s
=ecome a s,ecies)=eingC recognize his o3n
forces as social forces- organize them- and thus
no longer se,arate social forces from himself in
the form of ,olitical forces. 4nl/ 3hen this has
=een achie.ed 3ill human emanci,ation =e
com,leted.D , 1>0
Hannah 1rendt

Eerman ,olitical theorist- fled Eerman/ during

Fazism

2as a refugee- Gli.ed: the insights she offers

Sees rights as connected to ,olitics

G%an: source of authorit/ for rights
11

Eod- or customs fade a3a/ as source of la3

%an =ecomes source and ultimate goal of

rights

%an so.ereign origin of la3 but the ,eo,le

so.ereign origin of go.ernment
G%an: source of authorit/H

%an Gdisa,,ears: into a ,eo,le that is so.ereign

1=stract human =eing no3here to =e found

<ightl/ organized international societ/ means

e&,ulsion from one nation e#uals e&,ulsion from
all
Per,le&ities
She ,oints out man/!

Human Rights are for BhumansD =ut onl/ are guaranteed in

,articular communities

2hen a man =ecomes a human =eing 'rather than a

citizen+ s;he loses her human rights

1 criminal has more rights than a non)citizen

1n enem/ soldier has more rights than ,eaceful non)

citizens

Refugees as9ed for mem=ershi, rights- did not 3ant

human rights
Per,le&ities 'cont.+

5ust 3hen rights are most needed- the/ are not

a.aila=le

<he stateless are onl/ su=Iect to charit/- no

enforcea=le rights
B<he/ are de,ri.ed- not of the right to
freedom- =ut of the right to actionJ not
of the right to thin9 3hate.er the/
,lease- =ut of the right to o,inion.
Pri.ileges in some cases- inIustices in
most- =lessing and doom are meted out
to them according to accident and
3ithout an/ relation 3hatsoe.er to 3hat
the/ do- did- or ma/ doD , *?
Rights and Politics

1rendt tal9s a=out mem=ershi, and rights- =ut

for her mem=ershi, ; rights are means to
,artici,ating in ,olitics

8efinition of ,oliticsH
K @ife in a communit/ that cares a=out our
o,inions
K BLtheM loss Lof ,oliticsM entails the loss of the
rele.ance of s,eech C and the loss of all human
relationshi, C the loss- in other 3ords- of some of
the most essential characteristics of human life.D ,
*(
1nd ,olitics is constituti.e of
Gman:
1nd e#ualit/ comes from ,olitics
B2e are not =orn e#ualJ 3e =ecome e#ual as mem=ers of a grou,
on the strength of our decision to guarantee oursel.es
mutuall/ e#ual rights.D , 4*