Post-Marxism and the Politics of Human Rights: Lefort,Badiou, Agamben,Rancière

Recent histories of human rights have shown that the turn to human rights as a form of politics occurred as a placeholder for utopian energies at the end of history, coinciding with a retreat of the organised left, the abandonment of the theme of revolution, and the pluralisation of political struggles. This essay examines the way that radical continental theory has responded to the political hegemony of human rights by focusing on ‘post-Marxist’ thought. Examining the work of four influential critics of human rights—Claude Lefort, Alain Badiou, Giorgio Agamben, and Jacques Rancière—I argue that post-Marxist thought provides two very different approaches to the political possibilities offered by human rights. The first retains a fidelity to the revolutionary critique of rights by rejecting the language and conceptuality of human rights as too deeply implicated in the liberal political order that needs to be resisted. The second acknowledges the limitations of human rights while arguing that they also offer important tools for democratic political struggle. The essay draws upon these analyses to consider the contemporary political meaning of human rights. It argues that the latter of these strategies is problematic because we now face a radically different political conjuncture to the one in which the politics of human rights first emerged: human rights have played an important role in the project of post-historical reaction; the political space in which the politics of rights once made sense has collapsed; and we have seen substantial political upheavals in the wake of the crisis of capitalism.     

Reinforcing or Challenging Stigma? The Risks and Benefits of ‘Dignity Talk’ in Sex Work Discourse

The concept of ‘human dignity’ sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional Court case of S v Jordan and the Indian Supreme Court case of Budhadev Karmaskar v State of West Bengal. I will consider how these courts conceptualise dignity and argue that their conclusions on the undignified nature of sex work are predicated on particular sexual norms that privilege emotional and relational intimacy. In light of the stigma faced by sex workers I will explore how a discourse, proclaiming sex work as beneath human dignity, may impact on the way that sex workers are perceived and represented culturally, arguing that it reinforces stigma. I will go on to examine how sex workers subvert the notion that commercial sex is undignified, and resist stigma, by campaigning for the right to sell sex with dignity. I will demonstrate that an alternative legal approach to dignity and sex work is possible, where the two are not considered as inherently incompatible, concluding with thoughts on the risks and benefits of using ‘dignity talk’ in activism and campaigns for sex work law reform.     

A Case Study of Semiotic Distinctiveness in Brand Names

Brand names constitute a form of value for commercial products, because they suppose a savings of search costs for the consumer. The law, as a consequence, has the obligation to protect brand names. But the number of attractive brand names is not infinite and sometimes companies seek brand names which are reminiscent of others. In this article a conflict between two companies for the distinctiveness of two brand names is addressed: one Spanish company used the English common noun doughnut for a product similar to the American pastry, while the other company had already registered donut as a brand name, in addition to its variants. This second company sued the first on the grounds that the names were not distinctive. Here we offer the arguments presented to the judge in defense of the distinctiveness of doughnut and the judgment.     

Legal Subjectivity and the ‘Right to be Forgotten’: A Rancièrean Analysis of <Emphasis Type="Italic">Google</Emphasis>

This article discusses the right to be forgotten. The landmark Google ruling of the European Court of Justice gave this ambiguous right new weight and raised several urgent questions. This article considers what kind of person is presupposed and constructed when somebody invokes their right to be forgotten. The aim is to engage in an experimental reading of the ruling in the framework of contemporary political theory, namely, the philosophy of Jacques Rancière. The analysis shows that even though the right to be forgotten is a new legal and rhetorical instrument, there are good grounds for being critical of its underlying logic and sceptical of the novelty thereof. The judgment can be understood as a reiteration and consolidation of the same impotent human rights thinking that law often seems forced to contend itself with, no matter how radical our intentions may be.     

Abstraction Beyond a ‘Law of Thought’: On Space,Appropriation and Concrete Abstraction

Given that one of the defining elements of capitalist society is the ubiquity of forms of abstraction through which social relations are mediated, it is not surprising that a generalised ‘reproach of abstraction’ has taken on a critical orthodoxy within social theory and the humanities. Many of these attacks against a pervasive culture of abstraction have an obvious resonance with longstanding critiques of the abstractions inherent in law. This article explores the critique of the power of abstraction that is a central theme in Henri Lefebvre’s depiction of the ‘abstract space’ of contemporary capitalism. In doing so, it will be emphasised that Lefebvre’s work is not primarily concerned with the rejection of abstraction per se, but with understanding the relationships between dominant forms of abstraction and concrete social practices. Of particular interest here is Lefebvre’s reformulation of the concept of concrete abstraction which extends his work beyond a polemical dismissal of the violence of abstraction into broader theoretical debates about the role of the abstract in the reproduction of social relations. Building on this aspect of Lefebvre’s work, I will argue that the concept of concrete abstraction can provide a means of understanding the relationships between the concrete and the abstract in existing juridico-political relations.     

Lawyer rankings either do not matter for litigation outcomes or are redundant

I investigate the success of litigants in tax cases in England and Wales between 1996 and 2010. I explore the effect upon success of having better-ranked legal representation, according to rankings of barristers published by Chambers. I find that, for a variety of model specifications, there is no significant positive effect of having better-ranked legal representation. After conducting a sensitivity analysis, I conclude that better-ranked legal representation might have a positive effect on litigation outcomes, but only if better-ranked lawyers receive cases that are substantially more difficult to win. However, if better-ranked lawyers receive substantially more difficult cases, this suggests consumers of legal representation are sophisticated enough to dispense with legal rankings.     

On the Social Foundations for Crimmigration: Latino Threat and Support for Expanded Police Powers

Objectives

Because of the merging of immigration control and criminal justice, or “crimmigration,” state and local police increasingly drive interior immigration enforcement through the routine policing of crime. At the same time, growing evidence indicates that immigration is an ethnicity-coded issue that allows for the veiled expression of broader anti-Latino sentiments. Yet little research has examined whether public perceptions of either immigrants or Latinos influence support for police policies and practices that, in the context of crimmigration, may significantly shape immigration enforcement and, more broadly, may contribute to the subordination of Latinos. The current study addresses this research question.

Methods

The study draws on data from a recent nationally representative telephone survey and employs multivariate regression methods to evaluate whether perceptions of Latino economic and political threat are associated with support for granting police greater latitude in stopping, searching, and using force against suspects.

Results

This study provides the first evidence that, at least among Whites, perceived Latino threat is positively associated with support for expanding police investigative powers, especially the power to stop suspects based only on the way they look.

Conclusions

The results suggest that by increasing public support for aggressive policing, or, at minimum, by reducing opposition to discriminatory social controls such as police profiling, Latino threat perceptions may increase the political attractiveness and viability of crimmigration as a “solution” to the “Latino problem.”

     

Using Space–Time Analysis to Evaluate Criminal Justice Programs: An Application to Stop-Question-Frisk Practices

Objectives

Effects of place-based criminal justice interventions extend across both space and time, yet methodological approaches for evaluating these programs often do not accommodate the spatiotemporal dimension of the data. This paper presents an example of a bivariate spatiotemporal Ripley’s K-function, which is increasingly employed in the field of epidemiology to analyze spatiotemporal event data. Advantages of this technique over the adapted Knox test are discussed.

Methods

The study relies on x–y coordinates of the exact locations of stop-question-frisk (SQF) and crime incident events in New York City to assess the deterrent effect of SQFs on crime across space at a daily level.

Results

The findings suggest that SQFs produce a modest reduction in crime, which extends over a three-day period. Diffusion of benefits is observed within 300 feet from the location of the SQF, but these effects decay as distance from the SQF increases.

Conclusions

A bivariate spatiotemporal Ripley’s K-function is a promising approach to evaluating place-based crime prevention interventions, and may serve as a useful tool to guide program development and implementation in criminology.

     

Crime Continuity and Psychological Inertia: Testing the Cognitive Mediation and Additive Postulates with Male Adjudicated Delinquents

Objectives

Crime continuity is one of the best documented and least understood aspects of criminal behavior. Psychological inertia, the notion that cognitive variables mediate the relationship between earlier and later expressions of the same behavior, was tested as a possible explanation for crime continuity.

Methods

The cognitive mediation and additive postulates of the psychological inertia theorem were tested in a path analysis using self-report data from 1170 male delinquent members of the Pathways to Desistance study (Mulvey in Paper presented at the American Society of Criminology Annual Meeting, Chicago, IL, 2012). Wave 1 delinquency served as the independent variable, Wave 3 delinquency served as the dependent variable, Wave 2 outcome expectancies for crime, self-efficacy, general criminal thinking, and social capital served as the mediator variables, and 12 different baseline measures from criminological theory served as control variables in this study.

Results

General criminal thinking and low self-efficacy successfully mediated the relationship between past and future offending after age, race, early behavioral problems, peer criminality, family criminality, parental knowledge and monitoring, parental hostility, routine activities, measured intelligence, and precursors for each of the mediators were controlled. Social capital (cumulative disadvantage), by comparison, failed to mediate crime continuity in this study.

Conclusions

Effective cognitive mediation of the relationship between Wave 1 offending and Wave 3 offending and evidence that the effect may be additive offer preliminary support for the cognitive mediation and additive postulates of the psychological inertia theorem. Practical implications of these results include the need to routinely assess cognitive factors in criminal populations and target these factors for intervention.