I suggest that virtue ethics can learn from Foucault’s critical observations on biopolitics and governmentality, which identify how a good cannot be disassociated from power and freedom. I chart a way through which virtue ethics internalizes this critical point. I argue that this helps address concerns that both virtue ethics and the critical scholarship inspired by Foucault otherwise ignore. I apply virtue ethics to the contexts of refugee arrival, asylum procedure, and immigrant integration in Western Europe; I then see how (...) Foucault’s critical thought provides a counterpoint to virtue ethics; I finally analyze how incorporating that critique allows virtue ethics to make sense of both the context and the stakes involved. (shrink)

Past and future coalesce in discussions of LGBTI rights, often embedded in narratives of progress, civilisation, colonisation and emancipation. An understanding of these dynamics can help to illuminate the complex power relations that currently striate international LGBTI rights discourses. This paper analyses how temporality operates in the context of international LGBTI rights through an examination of the World Bank’s withdrawal of a $90 million loan to Uganda after the passage of the Anti-Homosexuality Act 2014. To do this, the paper juxtaposes (...) postcolonial critiques of the ongoing international legal reproduction of the colonial encounter, with a Deleuzian conception of law’s ‘virtual memory’. These two theoretical lenses are used to show how attempts to advance LGBTI rights can reproduce problematic civilisational binaries, through which the Global North seeks to manage the unruly or ‘uncivilized’ Global South. These civilisational and spatial dichotomies are often obscured by un-interrogated ‘grand narratives’ of progress and by the codification of specific, narrow forms of rights protections. As such, the paper argues that in order to better advance current and future frameworks for sexual orientation and gender identity justice, we must undertake a more attentive encounter with the past. (shrink)

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...) of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)