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After Human Rights and the Liberal Order: Toward a New Theory and Praxis of Personhood

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2018, 1(2), pp.65-106
  • DOI : 10.22976/JHRS.2018.1.2.65
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : November 1, 2018
  • Accepted : November 24, 2018
  • Published : December 31, 2018

Kim Suzy 1

1미국 럿거스 뉴저지 주립대학

ABSTRACT

The liberal order was the political foundation upon which the international human rights regime emerged, which was first codified with the proclamation of the Universal Declaration of Human Rights in 1948. Without denying its importance in advancing the most basic and fundamental tenets for the protection of individuals from the arbitrary power of the state, this essay however aims to critically examine the limits to the theory and practice of human rights in the liberal order. In doing so, it underscores the productive praxes of human rights in South Korea that offer examples of grass-roots theorization and practices that gesture toward personhood, going beyond the bare minimum of human existence framed in terms of human rights. I first trace a brief history of the development of the international human rights regime in connection to the Cold War that essentially compromised it from the beginning, then use the work of political theorist Wendy Brown to deconstruct liberalism as the faulty political foundation upon which the principles of human rights stand, before concluding with suggestions for what might come after human rights through examples taken from South Korea.

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