Rights as Critique and the Critique of Rights: Karl Marx, Wendy Brown, and the Social Function of Rights
In: Political theory: an international journal of political philosophy, Band 28, Heft 4, S. 451-468
ISSN: 0090-5917
Emancipatory social & political movements have relied on securing basic human & moral rights. The language of rights has been key in the histories of the labor movement, civil rights, women's rights, & gay rights. Karl Marx is one of the most forceful critics of liberal rights. In States of Injury: Power and Freedom in Late Modernity (1995), Wendy Brown examines the relevance of Marx's early critiques for the analysis of contemporary forms of power. She concludes, with Marx, that "rights emblematize the ghostly sovereignty of the unemancipated individual in modernity." The results of Brown's & Marx's work can be summarized as follows: (1) There exists a paradox of politics & rights; despite the fact that rights are apolitical, their existence depends upon their recognition by the political community. (2) Interests that are protected by basic rights do not have a politically exogenous existence. (3) Rights are hampered by various factors in their ability to achieve their stated aims. Like Marx, Habermas philosophized widely on basic rights. He claimed the system of rights to be universal, arguing that the system of rights should be "developed in a politically autonomous manner." Three paradoxes also exist in the work of Habermas: of politics & rights, of subject formation, & of institutionalization. Alternative frameworks, which do not in any way resolve the paradox, but which do allow the dialectical & positive dimensions of each to emerge, should be examined. Both Brown & Marx are too closely tied to a classical ideology of rights. Further, Brown's interpretation is based on an undialectical view of the abstract & universal character of rights. This leads one to conclude that she views rights as guarantors of prepolitical interests or as means by which the goals of the welfare state can be met. K. A. Larsen