Issue of human rights in the context of national state: Biopolitical aspect

The article shows the biopolitical essence of human rights in the national state, which sovereignty based on a birth as a biological fact (natio) establishes the identity between birth and nationality. The mechanism by which national sovereignty inscribes biological existence («inalienable» human...

Full description

Bibliographic Details
Main Author: Aleksey V. Yarkeev
Format: Article
Language:English
Published: Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law 2019-12-01
Series:Антиномии
Subjects:
Online Access:http://yearbook.uran.ru/images/files/4-19_2.pdf
id doaj-6f3f8c57b3c7418cbb85efea1f798e27
record_format Article
spelling doaj-6f3f8c57b3c7418cbb85efea1f798e272021-04-09T13:02:17ZengUral Branch of the Russian Academy of Sciences, Institute of Philosophy and LawАнтиномии2686-72062686-925X2019-12-01194314410.24411/2686-7206-2019-00007 Issue of human rights in the context of national state: Biopolitical aspectAleksey V. Yarkeevhttps://orcid.org/0000-0002-0068-468XThe article shows the biopolitical essence of human rights in the national state, which sovereignty based on a birth as a biological fact (natio) establishes the identity between birth and nationality. The mechanism by which national sovereignty inscribes biological existence («inalienable» human rights) into the political space (citizen's rights) eliminating the gap between biological existence and political existence is shown. Human being is understood as the core of the citizen, and human rights – as the conditions for inclusion into political community. Within the framework of the notion of national sovereignty, rights are conferred on a person only to the extent that s/he is seen an immediately disappearing prerequisite of the citizen. If a nation is interpreted as a natural-organic «closed society», to which a person belongs by right of birth, and in which political equality is replaced by natural equality, then the state is understood as an «open society» that governs the territory through the establishment and maintenance of law and order. The merger of the state as a political institution, and the institution of law and order with the nation as a biological substance leads to a confusion of citizen’s rights with rights of «compatriots upon birth»; thus, there are national rights. Such identification of nation and state is the meaning of the national state as a biopolitical entity when the state becomes an instrument of the nation. Through identification with the state, the nation demands expansion as its national right; it demands an increase in the power and prosperity of the state in the name of the well-being of the nation, which often almost automatically leads to imperialism. The article examines the figure of the refugee or the stateless individual, which destroys the biological and political identity making visible the fictitious national sovereignty, and bringing to light the powerless «bare life» (homo sacer) without covering its mask of a citizen. In this regard, the author substantiates the problem of ensuring human rights in the modern world, which has lost their own citizenship de facto or de jure.http://yearbook.uran.ru/images/files/4-19_2.pdfbiopoliticsnaked lifehuman rightscitizen's rightsnational staterefugeespeopleimperialismfascism
collection DOAJ
language English
format Article
sources DOAJ
author Aleksey V. Yarkeev
spellingShingle Aleksey V. Yarkeev
Issue of human rights in the context of national state: Biopolitical aspect
Антиномии
biopolitics
naked life
human rights
citizen's rights
national state
refugees
people
imperialism
fascism
author_facet Aleksey V. Yarkeev
author_sort Aleksey V. Yarkeev
title Issue of human rights in the context of national state: Biopolitical aspect
title_short Issue of human rights in the context of national state: Biopolitical aspect
title_full Issue of human rights in the context of national state: Biopolitical aspect
title_fullStr Issue of human rights in the context of national state: Biopolitical aspect
title_full_unstemmed Issue of human rights in the context of national state: Biopolitical aspect
title_sort issue of human rights in the context of national state: biopolitical aspect
publisher Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law
series Антиномии
issn 2686-7206
2686-925X
publishDate 2019-12-01
description The article shows the biopolitical essence of human rights in the national state, which sovereignty based on a birth as a biological fact (natio) establishes the identity between birth and nationality. The mechanism by which national sovereignty inscribes biological existence («inalienable» human rights) into the political space (citizen's rights) eliminating the gap between biological existence and political existence is shown. Human being is understood as the core of the citizen, and human rights – as the conditions for inclusion into political community. Within the framework of the notion of national sovereignty, rights are conferred on a person only to the extent that s/he is seen an immediately disappearing prerequisite of the citizen. If a nation is interpreted as a natural-organic «closed society», to which a person belongs by right of birth, and in which political equality is replaced by natural equality, then the state is understood as an «open society» that governs the territory through the establishment and maintenance of law and order. The merger of the state as a political institution, and the institution of law and order with the nation as a biological substance leads to a confusion of citizen’s rights with rights of «compatriots upon birth»; thus, there are national rights. Such identification of nation and state is the meaning of the national state as a biopolitical entity when the state becomes an instrument of the nation. Through identification with the state, the nation demands expansion as its national right; it demands an increase in the power and prosperity of the state in the name of the well-being of the nation, which often almost automatically leads to imperialism. The article examines the figure of the refugee or the stateless individual, which destroys the biological and political identity making visible the fictitious national sovereignty, and bringing to light the powerless «bare life» (homo sacer) without covering its mask of a citizen. In this regard, the author substantiates the problem of ensuring human rights in the modern world, which has lost their own citizenship de facto or de jure.
topic biopolitics
naked life
human rights
citizen's rights
national state
refugees
people
imperialism
fascism
url http://yearbook.uran.ru/images/files/4-19_2.pdf
work_keys_str_mv AT alekseyvyarkeev issueofhumanrightsinthecontextofnationalstatebiopoliticalaspect
_version_ 1721532647417577472