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At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one.  This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised.  At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond.  The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights.  Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal. 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The book concludes with an analysis around a piece of 19th-century literature which is approached via the dynamics of postmodern copyright law.","brand":"WoB","offers":[{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":49599750078737,"sku":"GOR006859652","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0415088763.jpg?v=1750740205"},{"product_id":"justice-miscarried-book-costas-douzinas-9780745016351","title":"Justice Miscarried","description":"The law is going through a period of deep crisis, exemplified by continuing revelations of miscarriages of justice, which calls for radical reassessment of the relationship betwen law and morality. The technocratic efficiency aimed at by modern law can no longer be perceived as a subsitute for the law's failure to deliver justice. This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality.  It argues that the separation between law and ethics led to the failure of the law  to deliver its promise of justice and claims that only by taking seriously a philosophy of otherness can the law be transformed into an acceptable ethical basis of social communication; otherwise it will remain divorced from ethics and its decline into amoral technocratic management will continue.  The authors of this book confront an issue of great contemporary concern in an innovative and often controversial way. Theories of justice and the place of otherness in them are examined in detail, and the tragedy of Antigone is presented as the foundational myth of legality. Casuistry, another forgotten tradition, often contrasted with the reason of the law, is next traced in the common law. 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They are the ideology after ‘the end of ideologies’ – the only values left after ‘the end of history’. The response of the left to the rights revolution has been muted and unsure. Classical Marxist critiques of (natural) rights have made the left justly suspicious, and this is still the case today. Elaborating and addressing a series of foundational paradoxes of rights, this book – the third in Costas Douzinas’s human rights trilogy, following The End of Human Rights and Human Rights and Empire – provides a long-overdue re-evaluation of the history and political uses of rights for the left.  The book examines the history and philosophy of the (legal) person, the subject, the human and dignity from classical Rome to postmodern Brussels. It traces the gradual abandonment of right, virtue and the common good for individual rights and self-interest. The limited and distorted conception of rights of liberal jurisprudence is contrasted with an alternative that sees rights as a relation involved in the struggle for recognition and an everyday utopia. The right to resistance and revolution, prohibited but regularly returning like the repressed, rescues law from sclerosis and presents a case study of the paradoxical nature of rights. Finally, the book offers a brief examination of law’s encounter with radical politics informed by the author’s strange experience as an ‘accidental’ politician in the first radical left government in Europe. 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