We are used to thinking that human rights are rights that belong to every person because of their intrinsic value. But is this the only, or at least, the best way of thinking about human rights? In his recent book, Third Person, Roberto Esposito has radically challenged this view. According to him, the triumph of the category of “the person” that, since the end of World War II has accompanied the discourse on human rights, is not the source of its success, but rather of its failure. This is because, in his view, the notion of the person, which has, since the days of Roman law and even more pointedly in its Christian elaboration, indicated the transcendent value of a human being, is incapable of bridging the gap between humanity and the logic of citizenship, precisely because it is what creates such a gap.
By opposing the person, as something artificial and endowed with moral and political significance, to mere humanity in its naturalness, Roman law gave rise to a powerful “dispositif” (p. 9), that is, to a notion that has, throughout its various Western morphologies, always been able to produce very real and tangible effects.