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This article focuses on methodological questions regarding the relationship between the critique and inner logic of the modern right from the perspective of Menke’s Critique of Rights. Menke’s intention to explain all normative aspects of law from its inner paradoxical constitution leads to three types of problems. They concern, firstly, the starting point and motivation for carrying out the critique of rights, secondly, the implications of acts of violence effected within and through the law, and thirdly, the perspective of those who move in the sphere of non-law, which is, in a dialectical sense, a position in contradiction to the law.
On this basis, the author advocates opening up the normative perspectives on civil rights by differentiating the normative reference points of theorizing itself.
