In this essay, I consider whether or not the contestatory potential of
rights politics turns on replacing identity claims with universalist ones,
and why one might be inclined to urge such a move from “the
ontological” to “the political.” While this argument has
much to commend it, as it sheds light on the constitutive dimensions of
identity-based rights and their depoliticizing tendencies, I remain
unconvinced that a better form of rights necessarily requires detachment
from identity per se. Engaging the work of Wendy Brown, Michel Foucault,
Hannah Arendt, and Judith Butler, I argue that an understanding of rights
as political claims should include an appreciation of the importance of
identity and injury, for rights can function as a discourse through which
identity is contested and reconfigured rather than simply reified.This article has gone through many revisions and
left me with a debt to generous readers too numerous to list here. But for
their direct impact on this version and ongoing enthusiasm for the
project, I must thank wholeheartedly Paul Apostolidis, Sam Chambers,
Michaele Ferguson, Tim Kaufman-Osborn, Jill Locke, Patchen Markell, Laurie
Naranch, and the anonymous reviewers at Politics &
Gender.