A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most (...) influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights. (shrink)

Billy Wilder's classic film ‘Some Like It Hot’ prefigures Judith Butler's concept of performativity in relation to sex, gender and sexuality. Butler introduced this in Gender Trouble, demonstrating that sex, gender and sexuality are naturalized effects of citation and repetition. In that text she explains that denaturalization is visibly demonstrated by drag. Later in Bodies that Matter she argues that drag in ‘Some Like It Hot’ does not denaturalize heterosexuality, but rather fortifies it. What then for Butler divides denaturalizing drag (...) from non-denaturalizing drag? Butler locates denaturalizing drag in the film ‘Female Trouble’, where Divine's drag-queen persona satirizes gender in a hyperbolic performance. However, Butler misconstrues the cross-dressing performances in ‘Some Like It Hot’ as drag, which are better understood as instances of theatrical disguise. Narrative analysis reveals that all the characters in ‘Some Like It Hot’ function within a dystopian critique of heteronormativity. Because the film takes a performative view of sex, gender and sexuality, it can validate three queer couples who defy the strictures of heterosexual romance. Butler thus overlooks a discourse of critique and destabilization alternative to gay perspectives. Current developments in sexual politics, broadly conceived, track both Butlerian concepts of performativity and dystopian critiques of heteronormativity. (shrink)

Martin Heidegger was not only one of the greatest philosophers of the twentieth century but also a supporter of and a contributor to one of the most discriminatory ideologies of the recent past. Thus, "the Heidegger's case" gives us philosophers an opportunity to work on discrimination from a philosophical perspective. My aim in this essay is to question the relationship between freedom and discrimination via Heidegger's philosophy. I will show that what bridges the gap between Heidegger's philosophy and a discriminatory (...) ideology such as the National Socialist ideology is Heidegger's conceptualization of freedom with the aid of a monolithic understanding of history--one that refuses to acknowledge the plurality and heterogeneity in the socio-historical existence of human beings. Accordingly, I will claim that the Heideggerian freedom depends on the social, if not literal, murder of the marginalized segments of a given society. However, I will refuse to conclude that Heidegger's philosophy is a Nazi philosophy and that it should never be appropriated as long as we want to purify our thoughts from discriminatory ideas. Rather, I will re-appropriate Heidegger, against Heidegger, to read and interpret Michel Foucault's and Judith Butler's philosophies. My aim here is to construct a social ontology that may justify anti-discriminatory policies. More specifically, through my Heideggerian readings of Foucault and Butler, I will argue that one's freedom is dependent on the cultural resuscitation of socially, and sometimes literally, murdered racial, sexual, ethnic, religious, and sectarian/confessional minorities. (shrink)

Si en Gender Trouble Butler presentaba una propuesta de la teoría de la performatividad de los actos de habla aplicada a la construcción del género, en su último libro, Notes towards a Performative Theory of Assembly, articula una teoría de la performatividad aplicada a la acción colectiva de minorías o poblaciones que son estimadas como “desechables”. El interés de la propuesta que presentamos es analizar cómo la teoría de la performatividad de género se ha ido ampliando a las formas de (...) acción democrática; pasando así de ser una explicación centrada en las posibilidades identitarias de género a explicar las posibilidades para una vida vivible. Es lo que aquí llamamos la ampliación de la performatividad, del caso especial de género al caso general de una vida vivible. (shrink)

Anarchists and homosexuals have periodically occupied similar positions in relation to US laws and policies: both have functioned as the needed outside against which the proper inside of political order can be established and maintained. Both have blurred the relation of words to deeds, speaking words that are forbidden because the words themselves are seen as dangerous deeds. Examining the deportation case of anarchist John Turner in 1903 and the 1993 Pentagon ban on homosexuals serving openly in the military, and (...) utilizing the intellectual tools provided by Judith Butler in her analysis of speech acts, this article investigates the process of criminalizing an identity category as well as the political context from which that criminalization can be challenged. My goals are to make use of Butler’s arguments about insurrectionary speech to understand anarchism’s historical role in the American political imaginary, and to supplement Butler’s analysis with greater attention to the histories of anarchist struggle. (shrink)