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HUMAN RIGHTS AND THE USES OF HISTORY

      Samuel Moyn is professor of law and history at Yale University. He is the author of The Last Utopia: Human Rights in History and Christian Human Rights, among other books, as well as coeditor of the journal Humanity. He writes regularly for Dissent and The Nation.

      HUMAN RIGHTS

      AND THE USES

      OF HISTORY

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      SAMUEL MOYN

      Expanded New Edition

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      This expanded new paperback edition first published by Verso 2017

      First published by Verso 2014

      © Samuel Moyn 2014, 2017

      All rights reserved

      The moral rights of the author have been asserted

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       Verso

      UK: 6 Meard Street, London W1F 0EG

      US: 20 Jay Street, Suite 1010, Brooklyn, NY 11201

       www.versobooks.com

      Verso is the imprint of New Left Books

      ISBN-13: 978-1-78168-900-4

      ISBN-13: 978-1-78168-652-2 (UK EBK)

      ISBN-13: 978-1-78168-264-7 (US EBK)

       British Library Cataloguing in Publication Data

      A catalogue record for this book is available from the British Library

       Library of Congress Cataloging-in-Publication Data

      A catalog record for this book is available from the Library of Congress

      Typeset in Sabon by Hewer Text UK, Ltd, Edinburgh

      Printed in the US by Maple Press

      For Sara and her new family

      If one would like to see our European morality for once as it looks from a distance, and if one would like to measure it against other moralities, past and future, then one has to proceed like a traveler who wants to know how high the towers in a town are: he leaves the city.

      —Friedrich Nietzsche

      Spartam nactus es; hanc exorna (The city of Sparta is your portion; now embellish her) … A man full of warm, speculative benevolence may wish his society otherwise constituted than he finds it; but a good patriot, and a true politician, always considers how he shall make the most of the existing materials … There is something else than the mere alternative of absolute destruction, or unreformed existence.

      —Edmund Burke

       CONTENTS

      Preface

       1. On the Genealogy of Morals

       2. The Surprising Origins of Human Dignity

       3. On Altruism without Politics

       4. Spectacular Wrongs: On Humanitarian Intervention

       5. Of Deserts and Promised Lands: On International Courts

       6. Human Rights in History

       7. The Intersection with Holocaust Memory

       8. Torture and Taboo

       9. Soft Sells: On Liberal Internationalism

       10. Reclaiming the History of Duties

       Epilogue: The Future of Human Rights

       Notes

       Acknowledgments

       Index

       PREFACE

      All history is contemporary history, Benedetto Croce said, and nowhere is this maxim truer than when it comes to the sudden rise of human rights history. A few short years ago, there was no such domain of historical inquiry. Now it is ubiquitous. It has verged on absorbing past themes that once stood on their own or served other purposes, like the meaning of the eighteenth-century Atlantic revolutions or the nineteenth-century campaigns against slavery. And it has sparked new and fascinating investigations into transformations of world governance, social movements, and international law.

      And yet the rise of human rights history raises plenty of questions of its own. This sequence of essays presents my engagements with other attempts to stake out the coordinates of the domain. It was these inquiries into how others proposed to define a new field that originally drove me on the path to my own interpretation of where human rights came from, which appeared as The Last Utopia1 a few years ago—and which I am now following towards a sequel on contemporary developments. The emphasis of these essays falls on distinguishing the abuses from the uses of history for thinking about the present and future of one of the most central notions and most illustrious political movements of our time.

      Historians always engage in a double activity, beyond the accumulation of information that provides the necessary basis of their work. One is to demonstrate that facts about the past, even new facts, do not compel interpretations, which are always inflected by our own circumstances. And in particular, anxious about the threat of anachronism our present-day perspective necessarily breeds, historians show how other views, usually through selective evidence or misleading interpretation, betray the dead whom the writing of history is supposed to let live again on their own terms.

      In this sense, history should be “antiquarian.” Insofar as they are not ideologues, historians think that, whatever the ethical value of the past, there is also an ethical command to respect its “alterity.” They feel the power of Jacob Burckhardt’s moral outrage at those who cast the annals as no more than a vast preparation for the way things are, and the way people think, right now: “Each man regards all times as fulfilled in his own, and cannot see his own as one of many passing waves. Just as if the world and its history had existed merely for our sakes!”2 Our ancestors were trying to be themselves rather than to anticipate somebody else. The past is not simply a mirror for our own self-regard.

      And yet antiquarianism for its own sake is neither viable nor desirable. Too little understood is that arguments about history—including arguments insisting on the autonomy of the past from the present—can never do other than serve the present, since they are inevitably motivated by its chronologically temporary and thematically narrow concerns.3 The stress on the different futures the past left open only takes place in the mix of a broader and undoubtedly presentist activity, that either monumentalizes some current person, group, or project, or criticizes them in the name of something different. Whatever respect we owe the dead, history is still written by—and meaningful to—the living. If so, abuses of the past call for uses in the name of a better future.

      In the old days, when Burckhardt’s companion Friedrich Nietzsche originally offered the distinction between antiquarian, monumental, and critical history, it was the nation-state that historians chose to build up or tear down; in our day, it has frequently become human rights, along with their international laws and transnational servants. The main goal of this book is to insist on the critical impulse: human rights history should turn away from ransacking the past as if it provided good support for the astonishingly specific international movement

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