Abstract

This article offers an analysis of the concept of “the right to have rights,” which was introduced by Hannah Arendt and is recognized by several modern political theorists and the legal practice alike. The article addresses the foundation, functionality, and potential of the concept in the context of current debates. The first part (1) gives an outline of the context that sparks off the debate on the right to have rights. The second part (2) attempts to explain the very contents of the concept. In the third (3) part, the issue of the foundation of the right to have rights is discussed, with a special focus on examining the functionality of various interpretations and their consistency with H. Arendt’s views. In the fourth (4) part, we analyze contemporary debates on the right to have rights by confronting normative and performative understanding. Clarifications regarding this re-actualized concept may help us develop appropriate argumentative strategies and better understand shortcomings of current debates.