Metodo

International Studies in Phenomenology and Philosophy

Book | Chapter

225303

The dual individual and its rights

José Maurício Domingues

pp. 3-47

Abstract

Domingues sets out with a discussion of the split nature of political modernity, which has also a central juridical aspect. He starts with Marx's early reflections. As the first categories in the analytical exposition carried out in the book, the rights-form and the citizenship-form as well as law are analysed in great detail. The concept of form frames them. The dialogue with Pasukanis, Jellinek, Hohfeld, Schmitt, Kelsen, Hardt, Dworkin, Alexys, Habermas and Honneth, among others, permeates the book. Classical political philosophy is present in terms of the detailed genealogy of the ideas discussed. A concept of the imaginary, in dialogue with Castoriadis and contemporary currents, is put forward. The categories present and criticized received also a positive content. Finally, sovereignty is introduced as a means to operate a transition to the following chapter. The pristine abstract character of political modernity holds centre-stage throughout.

Publication details

Published in:

Domingues José Maurício (2019) Critical theory and political modernity. Basingstoke, Palgrave Macmillan.

Pages: 3-47

DOI: 10.1007/978-3-030-02001-9_1

Full citation:

Domingues José Maurício (2019) The dual individual and its rights, In: Critical theory and political modernity, Basingstoke, Palgrave Macmillan, 3–47.