Being right-with: On Human Rights law as unfreedom

Journal article


Kalule, P. (2022). Being right-with: On Human Rights law as unfreedom. Feminist Legal Studies. https://doi.org/10.1007/s10691-022-09500-x
AuthorsKalule, P.
Abstract

Through a critical multi-directional reading of the Nyanzi obscenity cases, this paper develops the notion of being right-with, a conceptual lens, that underscores what happens when individuals turn to human rights law and other legal processes and proceedings to address injustices by the state. Being right-with is a regulative and coercive idea within human rights law that animates a violent irrepressible police drive. I use being right-with to assert that when individuals make rights claims under human rights law (however radical those assertions might be) they are still imbricated within a mode of liberal humanist subjecthood that is always conceptually unfree.

In trying to move away from this conceptual and dialectical trap of being made right-with and unfree under liberal humanism, this paper tentatively considers Black feminist theorisations of care and freedom “to-come”, as well as Glissantian opacity to explore the concept of being with elsewhere as a way of articulating practices of Black life that make freedom elsewhere possible.

KeywordsHuman rights, police, unfreedom, sovereignty, abolition, care
Year2022
JournalFeminist Legal Studies
PublisherSpringer
ISSN1572-8455
Digital Object Identifier (DOI)https://doi.org/10.1007/s10691-022-09500-x
Publication dates
Print16 Nov 2022
Publication process dates
Accepted12 Aug 2022
Deposited30 Aug 2022
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Open
Accepted author manuscript
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Controlled
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