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)

Recent historical work on changing perceptions of the human body has been influenced by Michel Foucault’s contention that the self of western individualism was created by new regimes of disciplining the body. A different approach is taken here, one that focuses on how individual bodies came to be viewed as separate and inviolable, that is, as autonomous. The separateness and inviolability of bodies can be traced in the histories of bodily practices as different as portraiture and legal torture. After 1750, (...) regular public exhibitions, themselves a new feature of the social landscape, showed increasing numbers of portraits in London and Paris. The proliferation of individual likenesses encouraged the view that each person was an individual, that is, single, separate, distinctive and original. At the same time, the tide turned against judicially sanctioned torture and cruel punishment. Long-held notions of sacrificial punishment and truth through pain withered under the pressure of new experiences of the body that in turn facilitated the emergence of new conceptions of rights of individuals. (shrink)

This volume is a wonderful introduction to Foucault and a testimony to the deep humanity of the man himself.

An examination of the relation between war and politics, by one of the twentieth century’s most influential thinkers From 1971 until 1984 at the College de France, Michel Foucault gave a series of lectures ranging freely and conversationally over the range of his research. In Society Must Be Defended , Foucault deals with the emergence in the early seventeenth century of a new understanding of war as the permanent basis of all institutions of power, a hidden presence within society that (...) could be deciphered by an historical analysis. Tracing this development, Foucault outlines the genealogy of power and knowledge that had become his dominant concern. (shrink)

Human Rights Education (HRE) has traditionally been articulated in terms of cultivating better citizens or world citizens. The main preoccupation in this strand of HRE has been that of bridging a gap between universal notions of a human rights subject and the actual locality and particular narratives in which students are enmeshed. This preoccupation has focused on ‘learning about the other’ in order to improve relations between plural ‘others’ and ‘us’ and reflects educational aims of national identity politics in citizenship (...) education. The article explores the learning of human rights through narratives in relations, drawing on Hannah Arendt and Sharon Todd. For this re-thinking of relations in learning human rights, the article argues that HRE needs to address both competing historical narratives on the drafting of the Universal Declaration on Human Rights (UDHR) as well as unique life narratives of learners. (shrink)

The purpose of this essay is to articulate and defend the epistemological foundations of international human rights education from the perspective of a hermeneutical interpretive methodology. Fuad Al-Daraweesh and Dale Snauwaert argue here that this methodology potentially alleviates the challenges that face the cross-cultural implementation of human rights education. While acknowledging the necessity of global human rights awareness, the authors maintain that local cultural conceptualization is imperative to the negotiated, local embrace of human rights. A critical, interpretive pedagogy emerges from (...) grounding human rights education in a hermeneutic methodology. Thus, Al-Daraweesh and Snauwaert advocate taking a hermeneutical approach in order to enlarge the scope and meaning of international human rights education. (shrink)

On the Use and Abuse of Foucault for Politics provides an accessible interpretation of Foucault's political philosophy, demonstrating how Foucault is relevant for contemporary democratic theory. Brent Pickett lays out an overview of Foucault's politics, including a comprehensive overview of the reasons for various conflicting interpretations, and then explores how well the different "Foucaults" can be used in progressive politics and democratic theory.