just a tactic, a device for embarrassing Communism’s rulers. In closed societies where everything was political—and politics as such were thus precluded—‘rights’ offered a way forward, a first breach in the curtain of pessimism shrouding Eastern Europe in the ‘silent Seventies’, an end to the regime’s monopoly on language-as-power. Moreover the constitutional rights of persons, by their very nature, bear formal witness to the existence of persons as such, with claims upon one another and upon the community. They describe a space between helpless individuals and the all-powerful state. The
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