Law in Contemporary Society

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JustineHongFirstEssay 3 - 15 Apr 2022 - Main.JustineHong
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Introduction

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<		 Origins of Totalitarianism is concerned with the protection of human rights in practice. By the “right to have rights,” Arendt means a community must first acknowledge human rights, which include the “right to action” and the “right to opinion,” in order to ensure the rights of citizens, which include “freedom [to do something] and justice” (Arendt 296). On the other hand, Genealogy of Morals seeks to trace the historical development of morality and conscience. In response to Arendt, Nietzsche would agree with her on the influence of the community in determining the significance of one’s actions, and on the unequal treatment of the law, but would add that individuals have an inherent right, namely the right to make promises, which is not contingent on the community.
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>		 Hannah Arendt's Origins of Totalitarianism and Robert Unger's Law in Modern Society trace the deprivation of morality from law throughout history. First, Arendt demonstrates that the ideal of “human rights” has become meaningless for stateless people who have no nation which recognizes their rights. Similarly, Unger argues that a key characteristic of modern liberal society is the “estrangement of ideals from actuality,” in which the pursuit of self-interest becomes estranged from the pursuit of the good, resulting in arbitrariness in daily life and universal “despair.” While neither philosopher presents a solution, both emphasize the need to avoid modern loneliness and isolation and instead reach a collective moral consensus (Arendt 478; Unger 239-40).
 

Arendt: Contingency and the "Right to Have Rights"


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Revision 2r2 - 20 Mar 2022 - 13:07:17 - EbenMoglen
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