Frankfurt, Alemania
This article emphasizes that Christoph Menke’s critique of rights is based on a concept of natural affection and force that directly opposes against a bourgeois concept of nature. Menke claims that the structure of liberal rights obstructs the materialization of freedom and equality. He also argues that unless a revolution in judgment brings about the consideration of sensual affections, self-reflection, which is structurally based on the liberal right, cannot prevail. This revolution in judgment is the condition for a right that fulfills the liberal promise of both freedom and equality. This article is a reconstruction and critical reflection upon Menke’s concept of a new judgment.