The Myth Of Rights

Author : Stuart A. Scheingold
Publisher : University of Michigan Press
ISBN 13 : 0472025538
Total Pages : 277 pages
Book Rating : 4.34/5 ( download)

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Download or read book The Politics of Rights written by Stuart A. Scheingold and published by University of Michigan Press. This book was released on 2010-03-10 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

Author : Ashutosh Bhagwat
Publisher : Oxford University Press
ISBN 13 : 0199703426
Total Pages : 312 pages
Book Rating : 4.25/5 ( download)

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Download or read book The Myth of Rights written by Ashutosh Bhagwat and published by Oxford University Press. This book was released on 2010-03-10 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed. Professor Bhagwat brings clarity to many difficult controversies with a structural approach towards constitutional rights. Issues discussed include flag-burning, the ongoing debates over affirmative action and same-sex marriage, and the great battles over executive power fought during the second Bush Administration. The Myth of Rights addresses the constitutional issues posed in these and many other areas of law and public policy, and explains why a structural approach to constitutional rights illuminates these disputes in ways that an autonomy-based approach cannot. Readers will understand that while constitutional rights play a critical role in our legal and political system, it is a very different role from what is commonly assumed.

Author : David Sehat
Publisher : Oxford University Press
ISBN 13 : 9780199793112
Total Pages : 368 pages
Book Rating : 4.15/5 ( download)

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Download or read book The Myth of American Religious Freedom written by David Sehat and published by Oxford University Press. This book was released on 2011-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

Author : David N. Stamos
Publisher : Routledge
ISBN 13 : 131725578X
Total Pages : 320 pages
Book Rating : 4.89/5 ( download)

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Download or read book Myth of Universal Human Rights written by David N. Stamos and published by Routledge. This book was released on 2015-11-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking and provocative new book, philosopher of science David N. Stamos challenges the current conceptions of human rights, and argues that the existence of universal human rights is a modern myth. Using an evolutionary analysis to support his claims, Stamos traces the origin of the myth from the English Levellers of 1640s London to our modern day. Theoretical defenses of the belief in human rights are critically examined, including defenses of nonconsensus concepts. In the final chapter Stamos develops a method of naturalized normative ethics, which he then applies to topics routinely dealt with in terms of human rights. In all of this Stamos hopes to show that there is a better way of dealing with matters of ethics and justice, a way that involves applying the whole of our evolved moral being, rather than only parts of it, and that is fiction-free.

Author : Emma Larking
Publisher : Routledge
ISBN 13 : 1317069285
Total Pages : 208 pages
Book Rating : 4.87/5 ( download)

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Download or read book Refugees and the Myth of Human Rights written by Emma Larking and published by Routledge. This book was released on 2016-04-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.

Author : Steven L. B. Jensen
Publisher : Cambridge University Press
ISBN 13 : 1316519236
Total Pages : 351 pages
Book Rating : 4.33/5 ( download)

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Download or read book Social Rights and the Politics of Obligation in History written by Steven L. B. Jensen and published by Cambridge University Press. This book was released on 2022-01-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering study in the history of social rights, filling a significant gap in human rights scholarship and practice.

Author : Jenna Reinbold
Publisher : University of Pennsylvania Press
ISBN 13 : 0812293584
Total Pages : 207 pages
Book Rating : 4.86/5 ( download)

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Download or read book Seeing the Myth in Human Rights written by Jenna Reinbold and published by University of Pennsylvania Press. This book was released on 2016-11-08 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1948 Universal Declaration of Human Rights has been called one of the most powerful documents in human history. Today, the mere accusation of violations of the rights outlined in this document cows political leaders and riles the international community. Yet as a nonbinding document with no mechanism for enforcement, it holds almost no legal authority. Indeed, since its adoption, the Declaration's authority has been portrayed not as legal or political but as moral. Rather than providing a set of rules to follow or laws to obey, it represents a set of standards against which the world's societies are measured. It has achieved a level of rhetorical power and influence unlike anything else in modern world politics, becoming the foundational myth of the human rights project. Seeing the Myth in Human Rights presents an interdisciplinary investigation into the role of mythmaking in the creation and propagation of the Universal Declaration. Pushing beyond conventional understandings of myth, which tend to view such narratives as vehicles either for the spreading of particular religious dogmas or for the spreading of erroneous, even duplicitous, discourses, Jenna Reinbold mobilizes a robust body of scholarship within the field of religious studies to help us appreciate myth as a mode of human labor designed to generate meaning, solidarity, and order. This usage does not merely parallel today's scholarship on myth; it dovetails in unexpected ways with a burgeoning body of scholarship on the origin and function of contemporary human rights, and it puts the field of religious studies into conversation with the fields of political philosophy, critical legal studies, and human rights historiography. For Reinbold, myth is a phenomenon that is not merely germane to the exploration of specific religious narratives but is key to a broader understanding of the nature of political authority in the modern world.

Author : Will Bunch
Publisher : Simon and Schuster
ISBN 13 : 1416597638
Total Pages : 304 pages
Book Rating : 4.36/5 ( download)

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Download or read book Tear Down This Myth written by Will Bunch and published by Simon and Schuster. This book was released on 2010-02-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges popular conceptions about the 40th president's administration and legacy, arguing that subsequent presidents and conservative policymakers have exploited the country's misunderstandings of Reagan's achievements to promote risky agendas. Reprint.

Author : Kent Greenfield
Publisher : Yale University Press
ISBN 13 : 0300178875
Total Pages : 316 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Myth of Choice written by Kent Greenfield and published by Yale University Press. This book was released on 2011-09-15 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of choice is at the core of the American story. But what if choice is fake?Americans are fixated on the idea of choice. Our political theory is based on the consent of the governed. Our legal system is built upon the argument that people freely make choices and bear responsibility for them. And what slogan could better express the heart of our consumer culture than "Have it your way"?In this provocative book, Kent Greenfield poses unsettling questions about the choices we make. What if they are more constrained and limited than we like to think? If we have less free will than we realize, what are the implications for us as individuals and for our society? To uncover the answers, Greenfield taps into scholarship on topics ranging from brain science to economics, political theory to sociology. His discoveries—told through an entertaining array of news events, personal anecdotes, crime stories, and legal decisions—confirm that many factors, conscious and unconscious, limit our free will. Worse, by failing to perceive them we leave ourselves open to manipulation. But Greenfield offers useful suggestions to help us become better decision makers as individuals, and to ensure that in our laws and public policy we acknowledge the complexity of choice.

Author : Matthew Hindman
Publisher : Princeton University Press
ISBN 13 : 0691138680
Total Pages : 199 pages
Book Rating : 4.88/5 ( download)

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Download or read book The Myth of Digital Democracy written by Matthew Hindman and published by Princeton University Press. This book was released on 2009 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matthew Hindman reveals here that, contrary to popular belief, the Internet has done little to broaden political discourse in the United States, but rather that it empowers a small set of elites - some new, but most familiar.