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Levinas: impulses to legal thinking

Publication |
2006

Abstract

This paper follows r. Burggraeve s synthetic account of Lévinasian view of human rights and provides some examples of its subsequent reception in jurisprudence.The entry of a third party into ethical relation opens the sphere of politics and requires establishment of an institutional (legal) order.

These institutions,hegelian mediations, must not, however, cede to respect their nature of means,as opposed to purposes. A historical example of failure of the latter is stalinism. human rights, then, are precisely this surpassing of the political, motivating constant revolutions of the established order in the sense of its constant critical questioning.

As such, they are never my rights, but the rights of the other: my duties.