아렌트의 ‘권리를 가질 권리’ 개념의 기초적 고찰

There is a persisting difficulty at the core of Politics of Human Rights which threatens the liberal democratic legitimacy. In view of the destruction of the nation –state unity and the modern ‘Rights of man’, Arendt has developed the concept of human rights as the foundation of the Political, defining human rights as the ‘Right to have Rights’. Benhabib and Balibar give the convincing interpretations of Arendt’s phrase. Benhabib explains that Arendt’s construction is totally Kantian. Arendt’s ‘Right to have Rights’ is based on Kant’s formulations of Right of humanity in every person, idea of social contract and the cosmopolitan right of hospitality. ‘Right to have Rights’ implies the right to belong to organized community as the right to political membership. Focusing on the foundational relationship between the political institution and the construction of the rights and human, Balibar defines ‘Right to have Rights’ as the right to democratic ‘equal liberty’ which is the immanent result of the political community of ‘isonomia’. Aiming at the reconstruction of the public(political) sphere, Arendt has provided the solid foundation of the ‘political rights of Man’. Consistently she was sceptical about the social-economic rights. That is also why we have to rethink Arendt.