Human Rights between hard Powers and soft Law
by Luca Baccelli
pp. 32-47 Issue 4 (2,2) – July-December 2015 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: 10.17450/150203
Abstract
Globalization produced a fragmentation of sources of law, and the primacy of statute law has been replaced by contract law and jurisdiction. Some authors hail the resurgence of the very “essence” of law or catch sights of a global rule of law and an international constitutionalism. But in the global space even human rights have lost their prescriptive character and risk to legitimize overwhelming powers and deep inequalities. If in modern times new rights arises from social processes of claiming, today conflicts too appear to be fragmented, whereas global governance neutralizes political struggles. But it would be possible to re-imagine ways in which law regains its role in framing and organizing social groups such as in shaping the fields of social conflicts.