Jewishness and jurisgenesis: On Seyla Benhabib’sExile, Statelessness and Migration

Abstract

The postwar era saw a remarkable transformation of international law, from a loose arrangement of agreements designed to reduce collective action problems to a normative commitment to the inherent dignity of the individual person. Seyla Benhabib’s new book shows the extent to which this transformation was a matter of deeply personal experiences. Understanding this dialectic between the personal and the universal is crucial for understanding not just the genesis of contemporary normative international law, but also its prospects for survival. This article focuses on Benhabib’s adoption of the process of jurisgenesis as an exemplary form of this dialectic, ending with a critical reading of Hannah Arendt’s attempt to contribute to this process.