Introducing ClassCrits: From Class Blindness to a Critical Legal Analysis of Economic Inequality

The human rights corpus is defined by pathologies of both choice and substance limiting its effectiveness in addressing powerlessness. Mutua argues that the human rights movement, rooted in liberalism, has conceptual and normative problems with respect to addressing economic and political powerlessness. The corpus defines human dignity through a state-individual polarity emphasizing protection from state despotism, yet ignores economic powerlessness and class subordination. Additionally, liberalism's focus on formal equality and abstract autonomy denies group rights and community-centered approaches critical in post-colonial societies. The human rights movement's grounding in civil and political rights, with economic, social, and cultural rights marginalized, reflects ideological commitments favoring narrow class interests. Mutua contends that human rights discourse, while important, cannot alone address the powerlessness afflicting global populations. The absence of vocabulary describing economic exploitation and capitalism reflects liberalism's bias. South Africa's experience demonstrates that political democracy without addressing economic powerlessness creates stunted rights protection.

Topics: International Law · Civil Rights

Keywords: human rights · economic powerlessness · liberalism · political democracy · group rights · post-colonial states