Plans – struggling ….

The plan for the weekend is concluding the final touch – the topic a huge one – and the aim to put struggle on the human rights agenda, understanding these rights not as matter of achieving global harmony but als permanent contest about self-determination in a world without borders – obviously an oxymoron.

The subtitle of the present intro, well, actually the title of the book will be

The Right to Stay – the Right to Move

Aren’t we living in a world of abundance?

Foreword

The present two contributions emerged in rather different contexts than being immediately concerned with what the title suggests: first, the topic employs my thinking for several years – background had been discussions with a former student, Lucey O’Leary, a while back, when I had been teaching in Ireland. She did have a degree in law and discussions emerged from my teaching: social policy, which in my understanding included political economy and also law (social law, philosophy and sociology of law). My background in Political Economy is that of Marx(ism), that of law the learning experience and work at the Max Planck Institute for Foreign and International Social Law/Max Planck Institute for Social Law and Social Policy in Munich. Over the years, it never worked out to elaborate the reflections which had been nevertheless engaging my mind, guided by the idea of the need of a ‘fourth generation of human rights’.

These considetations moved back towards the top of the agenda while working more recently on economic issues: digitisation and the subsequent hollowing out of social protection systems, but more importantly the far-reaching, though often not sufficiently reflected changes of the mode of production.[1] Leaving the many aspects aside (technology and economics, composition of capital, investment of otherwise overaccumulated capital, shift of and between sectors to name but a few – and considering also that some of the legal issues are very ‘simple’, i.e. issues of blocking social-protection-flight as subspecies of capital flight, applying labour (protection), employment law and (re-)establishing collective bargaining (law) or even more ordinary the criminal offenses of bullying and (sexual) harassment, there are others that require revisiting fudamental issues of law and even further issues around the meaning of justice in a world that is at the very same time shaped by two tensions that are increasingly meaningful and also increasingly interwoven:

  • it is the tension between globalisation, accompanied by standardisation on the one hand and processes of diversification on the other hand.
  • the other trend is about the possibilities of overcoming poverty;[2]but this is just one side of the coin, the other being about an increasing impoverishment, the quasi-destitution of the middle-classes, the shift of impoverishment to the countries that are still the countries of the north and not least the re-establishment of the concurrency of public poverty and private wealth 

Against this background, quesitons of human rights, universality and not least the meaning of socio-economic developments gain new importance, not least demanding overcoming even the standard criteria, or we may also say the standards of criteria. If the present volume had been successful in pursuing this goal is, remains to be decided by the reader.

For me as author remains to thank too many people to list them by their names. There are the many discussants; and there are – two exceptions may be allowed to be personally mentioned: Dorota Borkowska from the Faculty of Economics and Sociology at the University of Łódź, looking after the many students who come every year, diving into what is even today an adventure: studying in a foreign country; and still finding time to support me. The second is Peter Kube, yes, a priest, aus Halle – still, appreciated as discussant and friend to laugh with. Talking with and to him means so much about listening to oneself and I can only hope that it does not mean that he has to go one day a similar way as a person from whom he apparently learned – that person was finally condemned to drinking the hemlock, then price for saying the truth.

Not least, I am grateful for the generous support by The EKSOC Visiting Fellowship Programme at the University of Łódź, Poland (2018/2019) and the preceeding support by the Max Planck Institute for Social Law and Social Policy in Munich, Germany (2017/2018).


[1]     I see thisas core of the entire process while I am admittedly still not entirely sure about the range and wider meaning – the standard answers: (i) nothing really changed, (ii) we witness fundamental changes but they are limited to niches, possibly only temporary outlayers and finally (iii) we are already at the doorsteps of a new mode of production are not really satisfying.

[2]     Evidence may be taken from the success in combatting poverty in China, and also the increasing number of people from the so-called emerging economies joining e.g. the club of the superrich (e.g. Mc Carthy, Niall, 9/2018: Where Super Rich Populations Are Growing Fastest [Infographic])

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