Resumo

RAFFIN, Marcelo. Human rights and emancipation: A tool for democracy? An analysis of the potentiality of rights following foucault’s thought. Prax. filos. [online]. 2018, n.47, pp.195-211. ISSN 0120-4688.  https://doi.org/10.25100/pfilosofica.v0i47.6614.

In this article I analyze to what extent human rights can constitute a tool of emancipation and construction of our democracies taking into consideration the strong criticisms formulated since the XIXth century and especially during the XXth century, chiefly those belonging to the so called postmodern paradigm. More specifically, I will try to answer that question taking into account Foucault’s position concerning the production of rights, and in particular, what the philosopher calls “governed’s rights” connected, in his production, with the notion of “new law” («nouveau droit») as a strategy of resistance and as a “practice of freedom”. My answer will also be oriented ultimately by the need of examining the potentiality and the scope of human rights in the present political arena.

Palavras-chave : Human rights; rights of Man; Foucaultian thought; democracy; emancipation.

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