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Human Rights and the Law: The Unbreachable Gap between the Ethics of Justice and the Efficacy of Law

Indaimo, J. (2011) Human Rights and the Law: The Unbreachable Gap between the Ethics of Justice and the Efficacy of Law. In: 25th IVR World Congress of the International Society for the Philosophy of Law and Social Philosophy (IVR) Law Science and Technology, 15–20 August 2011, Frankfurt am Main, Germany

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Abstract: This paper explores the structure of justice as the condition of ethical, inter-subjective responsibility. Taking a Levinasian perspective, this is a responsibility borne by the individual subject in a pre-foundational, proto-social proximity with the other human subject, which takes precedence over the interests of the self. From this specific post-humanist perspective, human rights are not the restrictive rights of individual self-will, as expressed in our contemporary legal human rights discourse. Rights do not amount to the prioritisation of the so-called politico-legal equality of the individual citizen-subject animated by the universality of the dignity of autonomous, reasoned intentionality. Rather, rights enlivened by proximity invert this discourse and signify, first and foremost, rights for the other, with the ethical burden of responsibility towards the other.

Item Type: Conference Paper
Publisher: Bibliothek der Universität Frankfurt am Main
Copyright: The Author
Notes: 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011; Paper Series (109) urn:nbn:de:hebis:30:3-249678
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