Human Rights Law and the Marginalized Other

A groundbreaking application of contemporary philosophy to human rights law that proposes several significant innovations for the progressive development of human rights.

William Paul Simmons (Author)

9781107010079, Cambridge University Press

Hardback, published 26 September 2011

268 pages, 2 b/w illus.
22.9 x 15.2 x 1.6 cm, 0.48 kg

This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.

Part I. A Deconstruction of Human Rights Law: 1. Arendt, Little Rock, and the cauterization of the other
2. Democracy, human rights, and L'Affaire du Foulard
Part II. A Phenomenology of the Saturated Other: 3. Derrida, Levinas, and the rights of the other
4. The saturated other
Part III. A Human Rights of the Marginalized Other: 5. Learning to learn from the voice of the other
6. Self-ascription by the marginalized other in asylum law
7. Heteronomic rights and duties.

Subject Areas: International human rights law [LBBR], Jurisprudence & general issues [LA], Human rights [JPVH]