Toleration, power and the right to justification

This book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom.

It shows that contemporary human rights practice is increasingly managerial in nature, interested above all in measuring and improving human rights performance. This has the effect of shifting the focus of human rights from the individual rights-holder to the activities of the duty-bearer: the state, international organisation, or business. The result is a preoccupation with achieving measured improvements within abstract groups such as the population or ‘stakeholders’, with the individual rights-holder being relevant only insofar as he or she is a datapoint in a larger grouping. The book then analyses this trend and its consequences. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn.

The conclusion is that it is unsurprising that this alienating discourse has failed to capture the popular imagination – and that if the human rights movement is to succeed it may be necessary for it to do less rather than more.

Numerous scholars and policymakers have highlighted the predicament of Roma as the most disadvantaged ethnic minority in Europe. This predicament has often been discussed as an unfortunate anomaly within otherwise inclusive liberal democratic states.

In this book, Julija Sardelić offers a novel socio-legal enquiry into the position of Roma as marginalised citizens in Europe. Whilst acknowledging previous research on ethnic discrimination, racism and the socio-economic disadvantages Roma face in Europe, she discusses civic marginalisation from the perspective of global citizenship studies. She argues that the Romani minorities in Europe are unique, but the approaches of civic marginalisation Roma have faced are not. States around the globe have applied similar legislation and policies that have made traditionally settled minorities marginalised. These may have seemed inclusive to all citizens or have been designed to improve the position of minority citizens yet they have often actively contributed to the construction of civic marginalisation. The book looks at civic marginalisation by examining topics such as free movement and migration, statelessness and school segregation as well as how minorities respond to marginalisation. It shows how marginalised minorities can have a wide spectrum of ‘multicultural rights’ and still face racism and significant human rights violations. To understand such a paradox, Sardelić offers new theoretical concepts, such as the invisible edges of citizenship and citizenship fringes.

Critical theory and demagogic populism provides a detailed analysis of the relevance of the Frankfurt School’s work to understanding contemporary populism. It draws on the research that the Institute for Social Research conducted concerning domestic demagogues during its period of ‘exile’ in the USA. The book argues that the figure of the demagogue has been neglected in both orthodox ‘populism studies’ and in existing critical approaches to populism such as that of Ernesto Laclau. Demagogic ‘capture’ of populist movements and their legacies is thus a contingent prospect for ‘left’ and ‘right’ populist movements. An account of ‘modern demagogy’ is thus detailed, from the Institute’s own dedicated demagogy studies through to their dialogue with Weber’s work on charismatic leadership, the US liberal critique of demagogy and Freud’s group psychology. The Institute’s linkage of ‘modern demagogy’ to the culture industry speaks to the underestimation in ‘populism studies’ of the significance of two other ‘modern phenomena. The first is ‘cultural populism’ – the appeal to a folkloric understanding of ‘the people’ and/or ‘their culture’. The second is the pivotal role of modern means of communication, not only in the recent prominence of social media but demagogic exploitation of all media since the rise of literacy and the widening of the suffrage in the nineteenth century. The dialectical dimensions of these processes are also highlighted in reconstructing the Institute’s work and in extending these analyses through to the present. The book so concludes by weighing up potential counter-demagogic forces within and beyond the culture industry.