Dialectical snares
Human rights and democracy in the world society
Bibliographic Data
| ID | 12866839 |
|---|---|
| Authors | Hauke Brunkhorst (0000-0002-5341-4640, Europa-Universität Flensburg, corresponding author) |
| Year | 2009 |
| Volume | 2 |
| Issue | 3 |
| Pages | 219-239 |
| Publication date | 2009-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Ethics & Global Politics (JOURNAL) |
| Journal identifiers | ISSN: 1654-6369 • E-ISSN: 1654-4951 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.3402/egp.v2i3.2068 |
| OpenAlex | W1972433327 |
| Language | EN |
| Citations received | 6 |
| References cited | 20 |
The paper starts with a thesis on the dialectical structure of modern law that goes back to the European revolutionary tradition and constitutes a legal structure that is at once emancipatory and repressive. Once it became democratic, the modern nation state has solved more or less successfully the crises that have emerged in modern Europe since the 16th Century. Yet, this state did not escape the dialectical snares of modern law and modern legal regimes. It's greatest advance, the exclusion of inequalities, presupposed the exclusion of the internal other of blacks, workers, women, etc., and the other that stemmed from the non-European world that furthermore was under European colonial rule or other forms of European, North American, or Japanese imperial control. Yet, the wars and revolutions of the 20th Century led to a complete reconstruction, new foundation, and globalization of all national and international law. The evolutionary advance of the 20th Century was the emergence of world law, and this enabled the construction of international and national welfarism and the global expansion of the exclusion of inequalities. Nevertheless, the dialectic of enlightenment returned and led to new forms of post-national domination, hegemony, oppression, and exclusion. The final section of the paper tries to detect some ideas and principles for how to overcome the crisis
Democracy · Dialectic · Epistemology · Globalization · Hegemony · Human rights · International law · Oppression · Political economy · Political science · Politics · Sociology · State (computer science · Global Peace and Security Dynamics · Human Rights and Development · International Law and Human Rights · Law · Philosophy
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States of Nature in Immanuel Kant’s Doctrine of Right
Communicating international politics narratives of security, democracy and human rights in contemporary society
Constitutional theory in times of crisis
Reconciling positivism and realism
Towards a discourse-theoretical account of authority and obligation in the postnational constellation
Law and Revolution, II
Making it Explicit
Imperialism, Sovereignty and the Making of International Law
Weltstaat und Weltstaatlichkeit
Globale Zivilverfassungen
Die Gesellschaft der Gesellschaft
Demokratie in der Weltgesellschaft
Democratic Solidarity under Pressure of Global Forces
The Emergence of Global Administrative Law
Preemptive Self‐defense
International Institutions Today
Introduction
Globalising Democracy Without a State
After the Rights Revolution
Darker Legacies of Law in Europe
Belonging'in the Cosmopolitan Imaginary
The Class Consciousness of Frequent Travelers
Philosophy and the Mirror of Nature
The King's Two Bodies
World Society and the Nation-State
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,43 |
| Citation span | 2012 - 2024 (13) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 6 |