44hartman remains as to how the effort to sever the disavowed and repressed coupling of liberty and bondage that inaugurated the republic effected new forms of domination.
15
How did emancipatory figurations of a rights-bearing individual aimed at abolishing the badges of slavery result in burdened individuality?
Restrictive and narrow conceptions of liberty derived from bourgeois
constructions of the market, the atomizing and individualizing character of rights, and an equality grounded in sameness enabled and dissimulated the domination and exploitation of the postbellum order. Prized designations like independence autonomy and freewill are the lures of liberalism, yet the tantalizing suggestion of the individual as potentate and sovereign is drastically undermined by the forms of repression and terror that accompanied the advent of freedom, the techniques of discipline that bind the individual through conscience, self-knowledge,
responsibility, and duty, and the management of racialized bodies and populations effected through the racism of the state and civil society.
16
Liberalism, in general, and rights discourse, in particular, assure entitlements and privileges as they enable and efface elemental forms of domination primarily because of the atomistic portrayal of social relations, the inability to address
collective interests and needs, and the sanctioning of subordination and the free reign of prejudice in the construction of the social or the private. Moreover, the universality or unencumbered individuality of liberalism relies on tacit exclusions and norms that preclude substantive equality all do not equally partake of the resplendent, Jennifer Nedelsky,
Private Property and the Limits of American Constitutionalism Chicago U of Chicago P, 1990);
and Bounded Selves Law and the Order Share with your friends: