It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

The current debates in social sciences show that the paradox of observing—the embeddedness of observer in the process of observing—is at the heart of the controversy about their cognitive status and future. Although the problem of observing has been addressed in numerous theoretical perspectives—some of which (Habermas, Leydesdorff, Maturana, and Luhmann) are examined in this article—the prospects for resolving this paradox remain problematic. Locating a point that allows reflection on the process of autopoiesis in general, not just the operation (...) of a particular autopoietic system, may be one condition for resolving this paradox. Such point will offer reflection on all autopoietic systems, including the observer. The dynamic balance between equilibrium and disequilibrium is the mechanism which regulates the process of autopoiesis. Since the function of regulation is essentially a reflective function, this equilibrium between equilibrium and disequilibrium, which can be identified with the concept of homeorhesis introduced by Conrad Waddington, may offer a possibility to reflect on the process of observing. (shrink)