Autonomy, Identity and Self-knowledge: A New 'Solution' to the Liberal-Communitarian 'Problem'?

HUMAN RIGHTS: OLD PROBLEMS, NEW POSSIBILITIES, D. Kinley, W. Sadurski and K. Walton, eds., Edward Elgar Publishing, 2013

Sydney Law School Research Paper No. 14/02

12 Pages Posted: 18 Jan 2014 Last revised: 25 Oct 2016

Date Written: January 16, 2014

Abstract

The liberal-communitarian debate was a feature of the philosophy of human rights in the 80s and 90s. This paper argues that recent discussions about the benefits and dangers of protecting identity, and whether the purpose of human rights is to protect autonomy or identity, can be seen as a continuation of this debate in another form. In light of this insight, I consider whether this recent work offers new ways of exploring the liberal-communitarian issue. In particular, I argue that recent literature seeking to overcome the distinction between autonomy- and identity-based accounts of human rights, by foregrounding the concept of self-knowledge as critical to both accounts of human rights, may open up possibilities for bridging the divide between the liberal and communitarian views. Ultimately, I conclude that this approach is limited, in that it is based on understandings of self-knowledge and identity which are inherently problematic. However, building on this approach, I tentatively suggest an alternative methodology for bridging the gap between autonomy- and identity-based accounts of human rights, based on the idea that self-knowledge and self-creation are inextricably connected as part of the one process.

Keywords: Human rights law, legal theory, liberal-communitarian debate, autonomy, identity

JEL Classification: K10, K30

Suggested Citation

Mowbray, Jacqueline F, Autonomy, Identity and Self-knowledge: A New 'Solution' to the Liberal-Communitarian 'Problem'? (January 16, 2014). HUMAN RIGHTS: OLD PROBLEMS, NEW POSSIBILITIES, D. Kinley, W. Sadurski and K. Walton, eds., Edward Elgar Publishing, 2013, Sydney Law School Research Paper No. 14/02, Available at SSRN: https://ssrn.com/abstract=2380428

Jacqueline F Mowbray (Contact Author)

University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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