On the limits of political emancipation and legal rights

Abstract

In this paper I offer a new interpretation of Marx’s essay On the Jewish Question(OJQ) which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration ofcritique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeplyentrenched power-relations without a thorough going engaging of how those powers are created and enacted in civil society. With this in mind I read OJQ alongside therecent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests.