Notes on: de Sousa Santos, B. (2002) Toward
a multicultural conception of human rights.
In B. Hernández-Truyol (Ed.), Moral
Imperialism. A Critical Anthology. New York:
New York University Press.
https://www.ces.uc.pt/bss/documentos/toward_multicultural_conception_human_rights.pdf
Dave Harris
Human rights can be progressive and emancipatory,
but can also lead to fragmentation and identity
politics. The aim is to develop the notion as a
driving force and language for 'ever more
inclusive local, national and transnational public
spheres (104).
We should not conceive of universal human rights
because this is a 'globalised localism'. They
should be seen as multicultural, cosmopolitan,
counterhegemonic. They should emerge from
'cross-cultural dialogues on isomorphism concerns'
(106) and we need criteria to distinguish
progressive politics, empowerment and
emancipation.
All cultures refer to human dignity, but not all
of them see it as a matter of human rights, hence
the need to look for isomorphic concerns which may
have different names or concepts or worldviews.
Some are more open than others, some more
reciprocal in terms of other cultures (107). We
can see this as incompleteness , more visible from
the outside from another culture and we need to
raise this 'consciousness of cultural
incompleteness to its possible maximum', a mestiza
conception of human rights, appearing as 'a
constellation of local and mutually intelligible
local meanings, networks of empowering normative
references'.
This exchange takes place between different
knowledges and different cultures and may involve
'in a strong sense, incommensurable universes of
meaning' (108), so full understanding may be
impossible. Instead, he proposes diatopical
hermeneutics, a discussion in the local cultural
context that mobilises 'social support for the
emancipatory claims' that local concepts of human
rights and dignity 'potentially contain'.
The idea is that the topoi of an
individual culture is incomplete, although this
may not be visible from inside. The objective of
diatopical hermeneutics is not to achieve
completeness which is unachievable, but to raise
'consciousness of reciprocal incompleteness', by
engaging in dialogue, 'with one foot in one
culture and the other in another' (108). For
example we can conduct the exercise between 'the topos
of human rights in Western culture and the topos
of dharma in Hindu culture and the topos
of umma in Islamic culture'. This may be
seen as impossible because one is secular and the
others religious, but the whole distinction
between secular and religious is a western one,
and anyway 'conceptions of secularism vary widely
among the European countries'.
[He then turns to the work of a certain Pannikar].
Dharma gives cohesion and strength to
anything in reality. Notions of justice, law,
religion, destiny and truth are very briefly
summarised and dharma seems to be a matter
of locating things or actions within the whole
complex of reality. Human rights are therefore
incomplete because they do not address the links
between individuals and the whole, and look at
what is derivative, the rights rather than the
primordial duty of individuals to find their place
in society and the cosmos. Overall there is 'a
very simplistic and mechanistic symmetry between
rights and duties' (109 – 110). There is a bias in
favour of the status quo, which sidelines
injustice and conflict as a way towards a richer
harmony, shows disinterest in democratic order,
individual freedom and autonomy, and forgets that
'human suffering has an irreducible individual
dimension' (110).
Turning to umma in Islam [with a footnote
referencing a work that again seems to compare
Western culture and its dichotomy between
individuals and society with the weaknesses of
Hindu and Islamic culture which fail to recognise
that human suffering is an individual dimension,
ignored in hierarchical societies], we begin with
a problem because the Koran offers a variety of
passages which 'are so varied that its meaning
cannot be rigidly defined' [bold!]. Although
there seems to be always a reference to bodies of
people who 'are the objects of the divine plan of
salvation'. However individual human rights do not
help us ground 'collective linkages and
solidarities'which are the basis of society, and
Islam struggles generally with defining
communities as 'horizontal political obligation'.
As a results, it 'is bound to condone otherwise
abhorrent inequalities, such as the inequality
between men and women and between Muslims and
non-Muslims'. Diatopical hermeneutics will show
that Western culture dichotomises too strictly
between individuals and society which leads to
excessive individualism, but Hindu and Islamic
culture failed to recognise that human suffering
is an irreducible individual dimension which 'can
only be adequately addressed in a society not
hierarchically organised' [which seems quite
similar to the work in the footnote, but I
wouldn't take it any further until I have gone
back and checked].
There are differences among Muslims between
traditionalists and modernists, and those who
propose a middle way. He doesn't want to comment
on the validity of any of these solutions because
to offer his opinion would be 'Orientalism' (112)
[I don't think that would save him]
Diatopical hermeneutics need several people. The
bloke in the footnote offers an exemplar but
conducts his exercise 'with uneven consistency'
and accepts the idea of universal human rights
'too readily and acritically'[aha!] We need
instead 'a collective and participatory knowledge
based on equal cognitive and emotional exchanges'
(114), emancipation rather than regulation. There
are clearly difficulties if one of the partners
has already been involved in 'interlocked unequal
exchanges' or has already experienced 'massive and
long lasting violations of human rights
perpetrated in the name of the other culture'
(115). In these cases, 'cultural incompleteness
may be… the ultimate tool of cultural hegemony'
(116 – 117). Generally, any given culture that
considers itself complete sees no interest in
intercultural dialogue, but if it enters a
dialogue 'out of a sense of its own completeness,
it makes itself vulnerable and is, ultimately,
offers itself to cultural conquest' (117).
Instead we need to aim at 'self reflective
consciousness of cultural incompleteness… progressive
multiculturalism' (118) and we can choose those
versions of a given culture the further widest
kind of reciprocity, the most recognition of other
versions, and to take two versions of human rights
in our culture, the social Democratic or Marxist
one must be adopted rather than the liberal one
because it extends to economic and social realms
not just the political.
Partners and issues can never be unilaterally
imposed but must be mutually agreed upon. And
there must be ground rules — 'people have the
right to be equal whenever difference makes them
inferior, but they also have the right to be
difference whenever equality jeopardises their
identity' (121). 'This project may sound rather
utopian' [!].
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