In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement with (...) Marx will, however, take a particular form. I will read Marx first through the eyes of Claude Lefort and thereafter against Lefort. The latter’s critique of Marx still constitutes the strongest case against the dismissal of subjective rights. Introducing a reading of Lefort into the argument allows us to discover what is dead and what is well alive in the Marxist theory of rights. What is dead, I will argue, is Marx’s early conception of subjective rights as ideology and illusion. However, the more mature Marx developed a theory and critique of the legal form that is able to explain why the politics of rights—despite its undeniable advances—has not been able to overcome certain forms of domination. (shrink)

The early paragraphs of John Locke’s Second Treatise of Government describe a poetic idyll of property acquisition widely supposed by contemporary theorists and historians to have cast the template for imperial possessions in the New World. This reading ignores the surprises lurking in Locke’s later chapters on conquest, usurpation, and tyranny, where he affirms that native rights to lands and possessions survive to succeeding generations. Locke warned his readers that this “will seem a strange doctrine, it being quite contrary to (...) the practice of the world.” His doctrine of native right is equally strange to recent scholars who see in Lockean theory the ideological prototype for England’s colonial expropriation in the “vacant lands” of North America. This interpretation, dignified by the elusive principle of vacuum domicilium, is considerably weakened when Locke’s arguments are placed in the historical context of the sixteenth and early seventeenth-century English colonial experience. Locke’s Second Treatise, with its literary flourish of a vast and idyllic state of nature, was written in the full appreciation of Amerindian agriculture, its established populations, the acknowledgement of native property rights, and the policy and practice of purchasing land from the native inhabitants. (shrink)

Adorno and Levinas argue from distinct yet intersecting perspectives that there are pathological forms of freedom, formed by systems of power and economic exchange, which legitimate the neglect, exploitation and domination of others. In this paper, I examine how the works of Adorno and Levinas assist in diagnosing the aporias of liberty in contemporary capitalist societies by providing critical models and strategies for confronting present discourses and systems of freedom that perpetuate unfreedom such as those ideologically expressed in possessive individualist (...) and libertarian conceptions of freedom. (shrink)

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

Algunas formulaciones de la filosofía política reciente han descuidado el carácter históricamente indexado de conceptos como libertad política, propiedad o soberanía, propiciando un uso anacrónico e impreciso de su significado. No obstante, su posición académica y social dominante informa el «sentido común» filosófico- político de nuestra época. Locke constituye un ejemplo de cómo la coyuntura interpretativa liberal, que se desplegó en el siglo XIX y se consolidó en el XX, ha oscurecido una parte de la complejidad y pluralidad de las (...) tradiciones intelectuales y normativas que heredó. La reconstrucción de la filosofía política lockeana a partir de su concepción fiduciaria de la libertad política contribuye a hacer de nuevo visible el significado de algunas concepciones fundamentales para la teorización normativa presente. (shrink)

John Locke is generally seen as an unequivocal defender of private property. However, taken normatively, certain aspects of his argument leave room for interesting loopholes with relevance to some of today’s social and political crises. This paper focuses largely on the spoilage proviso—in which Locke warns against appropriating more than one can make use of—and its possible application to abandoned buildings and the potential for legitimate productive use to be made of them by people other than the legal owner. Using (...) two case studies in which squatters have actively reversed the dereliction of abandoned buildings, this article aims to build a defence of certain types of squatting based on the limitations Locke has placed on the appropriation and the retention of property. (shrink)

The present essay is the first part of an analysis regarding aspects of Aristotle’s ontology. Aristotle’s ontology is, in my opinion, a formal ontology that examines the fundamental structures of reality and that investigates the features belonging to entities such as substance, quantity, quality, universals. Aristotle’s ontology investigates, moreover, the reciprocal relations existing between these entities. Aristotle’s interpretation of universals is not, in my opinion, a nominalist interpretation of universals: I do not think Aristotle regards universals as being only mental (...) entities. Aristotle, rather, aims at the differentiation between the realms of reality to which individuals and universals belong. In this part of my investigation, I first expose my interpretation of the fundaments of Aristotle’s ontology. Thereafter, I concentrate my attention on chapter Metaphysics Zeta 13: I comment on Aristotle’s investigation regarding the ontological features belonging to the universal qua universal and to the substance qua substance. I analyse the ontological laws that Aristotle finds about universal and substance: substance and universals are considered by Aristotle as mutually incompatible entities. The analysis shows that a false interpretation of the features of the universals endangers the whole ontology. Moreover, the Third-Man-Regress, which is one of the consequences of the misunderstanding of the position of universals in the reality, is regarded as the key to the interpretation of one of Aristotle’s aims: Aristotle aims at the foundation of a typological ontology putting individual entities and universal entities on different levels of reality. The danger of the Third-Man-Regress is avoided through the introduction of a new ontology, that is, through the introduction of the typological ontology of the entities. (shrink)

Eighty percent of (commercial) genetically engineered seeds (GES) are designed only to resist herbicides. Letting farmers use more chemicals, they cut labor costs. But developing nations say GES cause food shortages, unemployment, resistant weeds, and extinction of native cultivars when “volunteers” drift nearby. While GES patents are reasonable, this paper argues many patent policies are not. The paper surveys GE technology, outlines John Locke’s classic account of property rights, and argues that current patent policies must be revised to take account (...) of Lockean ethical constraints. After answering a key objection, it provides concrete suggestions for implementing its ethical conclusions. (shrink)

Some humanist theologians within the French Reformed Church in the 17th century developed the notion that a disability of the intellect could exist in nature independently of any moral defect, freeing its possessors from any obligations of natural law. Sharpened by disputes with the church leadership, this notion began to suggest a species-type classification that threatened to override the importance of the boundary between elect and reprobate in the doctrine of predestination. This classification seems to look forward to the natural (...) history of mind that emerged later in the century. (shrink)

Los derechos de conquista, descubrimiento y ocupación, y la libertad de los mares: una genealogía de la injusticia sobre los recursos naturales Este artículo analiza los orígenes coloniales de tres principios del derecho internacional: el derecho de conquista, el derecho de descubrimiento y ocupación, y la libertad de los mares. Argumento que cada uno de estos derechos se estableció como principio jurídico internacional para facilitar la colonización de pueblos lejanos, sus territorios y tierras, y con el fin de acumular sus (...) recursos naturales. El artículo analiza cómo se justificaron estos derechos, qué conjunto de facultades e inmunidades exclusivas conferían, y cómo están vinculados a tres regímenes jurídicos modernos distintos de derechos sobre el espacio natural y sus recursos: la soberanía territorial, los derechos de propiedad privada sobre tierras extranjeras y los bienes marítimos comunes mundiales. En tanto expongo los orígenes moralmente arbitrarios de cada uno de estos principios de derecho internacional, que reflejan las condiciones y los objetivos específicos de determinados proyectos coloniales, también sostengo que los regímenes de derechos sobre los recursos naturales que estos institucionalizaron son convergentes en el sentido de que permitieron una apropiación y una explotación distintivamente injustas de los recursos naturales. El artículo también señala las formas en que la lógica y el funcionamiento de estos regímenes siguen dando forma al uso injusto de los recursos naturales hasta el día de hoy. (shrink)

Critics of climate collapse and colonization in the Americas rightly identify the origin of these twin crises in early modern political theologies. They seek to combat these crises with new political theologies of nature that pay greater reverence to “native” peoples’ ecological knowledge. But in doing so, these critics subtly, perhaps unwittingly, recall elements of the colonial power they criticize. I explain why this is the case, examining Bartolomé de Las Casas’s use of naturales in his critiques of Spanish Conquest, (...) and Thomas Harriot’s use of naturall inhabitants in his writing on English colonization to describe “native” Americans. Both authors aimed to promote politico-theological reverence for “native” peoples and their relationships with “nature.” This set into motion a productive form of power operating in modern political theologies. This power works by legitimizing the European-Christian presence in the Americas through their ability to recognize, respect, and protect “native” relationships with “nature.”. (shrink)

This article examines John Locke’s theory of subjectivity to challenge the recent critical tendency to associate biopolitics and empiricism. Michel Foucault, most notably among modern theorists of biopolitics, proposes that the Lockean man, or an interest-seeking animal, constitutes the paradigm of a person that remains subject to biopower. Such understanding of empiricism by biopolitical theorists is, however, reductive because Locke’s view of human subjectivity is fundamentally equivocal. As I demonstrate by analyzing his discussion of freedom, action, and desire in An (...) Essay Concerning Human Understanding and other writings, Locke admits the possibility for a human being to think and to act freely, although in the process of restricting the capacity for free action. Hence, the theorists’ simplistic view of Locke rather reflects the limits of their own conception of subjectivity, especially their behavioristic premises. As they consider a person as a mere machine of survival without agency and initiative, they preclude the possibility of overcoming biopower at the fundamental level. In demonstrating contradictions and tensions within Locke’s empiricism, this article then proposes the ways in which Locke can show a way beyond the critical impasse in political theory in elucidating the power of acting against the chain of causality. (shrink)

This paper examines the relationship between understandings of Indigenous government and the development of early-modern European, and especially British, political thought. It will be argued that a range of British political thinkers represented Indigenous peoples as being in want of effective government and regular conduct due to the absence of sufficiently developed property relations among them. In particular, British political thinkers framed the ‘deficiencies’ of Indigenous people by ideas of civilization in which key assumptions connected ‘property’, ‘government’, and ‘society’ as (...) the attainments of civilized polities and societies. Accordingly, Indigenous peoples in Australia and elsewhere were perceived to live in associations (rather than ‘societies’) bound by custom and tradition (rather than ‘government’). The paper will thus identify conceptual connections made between property, polity, and sovereignty in European and British political thought, and argue that such understandings provide a useful resource for understanding colonial attitudes to Indigenous people in Australia down to the present day. (shrink)

Scholarly discussion has treated the account of the state of nature which Locke presents in his Second Treatise as neither an hypothesis nor a description but rather as a fiction. John Dunn, for example, claims that it is a `theoretical analysis of the fundamental relations of right and duty which obtain between human beings, relations which are logically prior to the particular historical situations in which all actual human beings always in fact find themselves'. Here Dunn presents a misleading account (...) of Locke's argument, presumably, as the title of his paper suggests, in order to mount an argument of his own about the `political relevance' of Locke's work to a time when no one takes seriously the early modern idea of the state of nature. However, this article also has a more serious concern. I argue that the representation of the state of nature as a merely imaginary, `theoretical analysis' of social relations obscures the significance of the early modern idea of a state of nature, not only for the work of Locke and his near contemporaries, but also, more importantly, for the broader development of western social and political thought. The idea of an original condition of freedom and equality played a central role in Locke's argument, serving as a means both to undermine the view that humans were born into a natural condition of subjection to the rule of others and to justify European expropriation of land in the Americas. It also represented one end of a developmental continuum, running from the original, most primitive, condition of humanity through to the societies of contemporary western Europe, which was thought to encompass all sections of humanity. While the idea of an original asocial condition on which this continuum was based was later brought into question, a closely related developmental framework nevertheless informed later movements in history and the social sciences. After being abandoned in its original form, this category was finally revived in 20th-century political theory, this time precisely in the form that Dunn mistakenly ascribes to Locke. The article concludes by speculating on the relationship between these normative and empirical perspectives on the state of nature. (shrink)

Este estudio revisa el desarrollo del análisis propuesto por Michel Foucault sobre el poder político en términos de gubernamentalidad, y esboza sus características principales. Se examina el despliegue de esta perspectiva, centrándose particularmente en cómo este enfoque genealógico del análisis de la conducta de todos y cada uno ha sido acogido y desarrollado en el mundo angloparlante. Se evalúan algunas de las críticas fundamentales que han sido planteadas a la analítica de la gubernamentalidad, y se arguye en favor de la (...) productividad continua y la creatividad de estas maneras de analizar la emergencia, naturaleza y consecuencias de las artes de gobierno. (shrink)

O artigo procura apresentar três interpretações contemporâneas da filosofia político de John Locke. A saber, Leo Strauss, C. B. Macpherson e James Tully. A partir desses três hermeneutas se problematiza a noção de sujeito liberal em Locke e como ele se apresenta na leitura daqueles autores e no próprio texto do filósofo.

Judith Butler and Catherine Malabou’s recent exchange, ‘You Be My Body for Me: Body, Shape and Plasticity in Hegel’s Phenomenology of Spirit’, is remarkable because in their rereading of Hegel’s famous lord and bondsman parable, rather than focusing on recognition, work, or even desire, Butler and Malabou each wonder about how Hegel contributes to a new way of thinking about ‘having’ a body and how coming to ‘be’ a body necessarily involves a kind of dispossession. Butler and Malabou’s reading of (...) Hegel is congruent with a current shift on the left away from a liberal politics of recognition to a Marxist analytic of dispossession: a move, in other words, away from liberal ‘solutions’ of redistribution – of either goods or recognition – towards thinking through issues of settler colonialism, forced migration and empire. Butler and Malabou’s piece points towards the insight that Hegel’s parable must be thought in terms of the political history of possessive individualism, and so in terms of the history of juridically defined property relations; the history of regarding both the body and the land as property. The ‘two valences’ of dispossession, in other words, refers in fact to a logic of property relations, one between those who ‘have’ property and those who are juridically defined as propertyless. (shrink)

Some of the founding documents of our modern human rights culture assert that, by virtue of natural law, the will of God, the will of a Supreme Being, or some kind of natural world order, all humans have a right to civil liberties. In Areopagitica, Milton rejects this way of grounding the claim to civil liberties. Instead, he argues for civil liberties on pragmatic grounds, but also on the premise that members of political societies are entitled to civil liberties from (...) their governors only insofar as those members are rational and virtuous. His argument for civil liberties is also grounded in the view that the proper function of government includes propagating virtue in those it governs, assessing their rationality and moral virtue, and extending civil liberties to them in accordance with this assessment. Arguing in this way, Milton opposes the notion that, simply by virtue of being human, all members of political societies have a specific set of rights which their governments, and indeed all other people on earth, are bound to respect. He thus has more in common with Isocrates and Renaissance humanists than he does with the defenders of our modern human rights culture. (shrink)

Ao colocar em evidência a legitimidade de uma instituição defendida por Locke, ou seja, o direito genérico que todos os membros da espécie humana têm de utilizar os recursos da natureza para preservar a sua existência, fca nítido que a propriedade privada exclusiva só é justifcável com o acréscimo de obrigações sociais rigorosas, apresentadas pelo próprio autor, para garantir que ela não prejudique a preservação da existência de qualquer dos membro da espécie, pelo simples fato de que a realidade de (...) uma instituição não pode contradizer o fundamento que lhe confere legitimidade. A partir disso, este texto se propõe a contestar a conclusão de Matthew Kramer de que a tentativa de Locke de estabelecer a legitimidade da propriedade privada no estado de natureza está fadada ao fracasso. (shrink)