EL DISCURSO DE LOS DERECHOS COMO FORMA DE EMANCIPACIóN POLíTICA: ENTRE LA CRíTICA DE MARX Y LA RESPUESTA DE HABERMAS

this paper examines the real effectivity of the discourse on rights, according to which rights achieve social inclusion and the political recognition of the historically marginalized groups. from marx's point of view, there are two fundamental critics which can be raised against this discourse: a) it depoliticizes (it hides and legitimizes) the dominating forces that exist in society, and b) it turns into a paradigm of the human the egoistic and isolated human being (the bourgeois), and instrumentalizes political society with the purpose of defending and maintaining such a model of capitalist humanity. these criticisms are exactly in the base of the habermasian theory of law. in fact, he tries to answer them through his idea of inseparability of the public autonomy and the private autonomy, within a theory of rights "correctly understood". however, the article suggests that by no means marx's perspective can be considered surpassed.