Reflections on Hannah Arendt’s “the perplexities of the rights of man”, the problem of a refugee and the problem of a state of exception
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
This short analysis aims at giving certain insights on the correlation among the concepts and together phenomena of ‘human rights’, ‘refugee’, ‘state of exception/emergency’, and also ‘modern state’ and, finally, ‘law’ in general. Despite that Hannah Arendt locates a refugee totally outside the scope of law, her certain insights on, on the one hand, totally organized/civilized humanity and, on the other hand, its failure to institute universal/eternal law (as civil/human rights) independent of the modern state’s sovereignty, point to the failure of the modernity (as certain project) as tightly tied to the ideology of legal positivism. In paradox, this failure itself makes a refugee (as a rightless human) possible. The finalising leitmotiv of the analysis lies in the thesis that governments should avoid overuse of exceptions to the modern constitutional regulation (especially as having rather unified/universal human rights component) if they want to temper this Arendt-type anxiety.
Authors and Affiliations
T. Berkmanas
Keywords
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- EP ID EP574679
- DOI 10.31733/2078-3566-2018-5-78-81
- Views 84
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