The politics of rights : lawyers, public policy, and political change / Stuart A. Scheingold ; with a foreword by Malcolm M. Feeley.

Format:

Book

Author/Creator:

Scheingold, Stuart A.

Contributor:

Michigan Publishing (University of Michigan), publisher.

Language:

English

Subjects (All):

Civil rights--Political aspects--United States.

Civil rights.

Civil rights--Social aspects--United States.

Lawyers--United States.

Lawyers.

Civil rights--Social aspects.

Civil rights--Political aspects.

United States.

Social change.

Law--Political aspects.

Law.

Genre:

Electronic books.

Physical Description:

1 online resource (lii, 224 pages)

Edition:

Second edition.

Place of Publication:

Ann Arbor : University of Michigan Press, c2004.

System Details:

text file

Summary:

Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and it continues to stand out as a seminal and provocative book bridging political science and sociolegal studies. Since its original publication, a flourishing body of scholarship has been built on the foundations laid in the original volume. In his new preface, the author provides a cogent and constructive analysis of this new scholarship -- which constitutes the legacy of the first edition and the occasion for this thirtieth anniversary second edition. Malcolm Feeley of the Boalt Hall School of Law at the University of California, Berkeley, also contributes a new foreword tracing the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

Contents:

1. Legal Rights and Political Action 3

The Myth of Rights 5

The Politics of Rights 6

Part 1 The Myth of Rights

2. Law as Ideology: An Introduction to the Myth of Rights 13

Legal Symbols and Political Legitimacy 15

Legal Values and Political Values 18

In Search of the Myth of Rights 21

3. An Ideologist's Eye View of the Myth of Rights 23

The Constitution 24

Judges, Courts, and Legal Reasoning 28

Constitutional Politics 33

4. The Call of the Law: The Myth of Rights as Political Rhetoric 39

The Rhetoric of Rights: An Allegory 41

The Virtue of Realism 46

The Virtue of Convenience 49

The Virtue of Morality 53

5. The Political Resonance of the Myth of Rights 62

Rights, Rules, and Legal Institutions 63

Cleavage and Conflict 71

Part 2 The Politics of Rights

6. Rights as Resources 83

The Political Status of Legal Rights: The Myth Reconsidered 84

The Politics of Rights 90

Litigation and Political Change 95

7. Constitutional Values and Political Goals 97

Liberal-Capitalist Directions 98

Incremental Tempos 107

The Intrusive Logic of Legal Form 110

8. The Implementation of Public Policy 117

Legal Procedures and Judicial Preference 118

The Compliance Calculation 123

9. Legal Rights and Political Mobilization 131

Political Activation 132

Political Organization 138

Political Realignment 143

Part 3 The Strategists of Rights

10. Legal Education and Professional Socialization: The Myth of Rights Revisited 151

Legal Analysis 153

The Narrowing Vision 158

Professional Responsibility 162

11. The Activist Bar: Programs and Prospects 170

The Range of Activist Programs 172

The Prospects of the Activist Bar 185

12. The Political Relevance of Legal Rights 203

Mobilization and Pluralism in the American Political Arena 205

Legal Rights and Political Mobilization 209

The Practical and Ethical Advantages of Legal Tactics of Mobilization 213.

Notes:

Includes bibliographical references and index.

Description based on information from the publisher.

ISBN:

9780472025534

Publisher Number:

10.3998/mpub.6766

Access Restriction:

Restricted for use by site license.