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Christoph Menke: Genealogy, Paradox, Transformation: Basic Elements of a Critique of Rights
Genealogy, Paradox, Transformation: Basic Elements of a Critique of Rights
(p. 219 – 244)

Christoph Menke

Genealogy, Paradox, Transformation: Basic Elements of a Critique of Rights

PDF, 26 pages

  • society
  • criticism
  • justice
  • legal practice
  • law

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Christoph Menke

Christoph Menke

had been a member of the Collaborate Research Centre »Ästhetische Erfahrung im Zeichen der Entgrenzung der Künste«  and professor of Ethics and Aesthetics at Potsdam University until 2008. He has since moved on to teach at the professorship of Practical Philosophy as part of the Cluster of Excellence »Die Herausbildung normativer Ordnungen« and at the department of Philosophy at Frankfurt Main University. His research focus is on Political Philosophy (freedom and normativity, democracy and equality), Legal Theory (human rights, subjective justice), Aesthetics (the tragedy and theatre) and the Theory of Subjectivity (spirit and nature, ability and activity). He is a member of the editorial board of numerous magazines (Constellations: An International Journal of Critical and Democratic Theory; Philosophy and Social Criticism; Revue d’Esthétique; Polar). Together with Dieter Thomä he is editor of the Deutsche Zeitschrift für Philosophie with book reviews on philosophical literature.

Other texts by Christoph Menke for DIAPHANES
Liza Mattutat (ed.), Roberto Nigro (ed.), ...: What’s Legit?

Once considered a stepchild of social theory, legal criticism has received a great deal of attention in recent years, perpetuating what has always been an ambivalent relationship. On the one hand, law is praised for being a cultural achievement, on the other, it is criticised for being an instrument of state oppression. Legal criticism’s strategies to deal with this ambivalence differ greatly: while some theoreticians seek to transcend the institution of law altogether, others advocate a transformation of the form of law or try to employ counter-hegemonic strategies to change the content of law, deconstruct its basis or invent rights. By presenting a variety of heterogeneous approaches to legal criticism, this volume points out transitions and exhibits irreconcilable differences of these approaches. Without denying the diversity of different forms of critique, they are related to one another with the aim of broadening the debates which all too often are conducted only within the boundaries of the separate theoretical currents.