The Critique of Rights in Critical Legal Studies

Kennedy, Duncan

doi:10.1215/9780822383871-006

Cited by 108 publications

(6 citation statements)

References 11 publications

(11 reference statements)

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“…This critique of rights is fundamental different from that presented in Critical Legal Studies [48] or those presenting moral or ontological claims about rights [6]. Marx argues that documents like the 'rights of man' casts claims to property and liberty as natural and entrenches certain social powers in civil society.…”

Section: Critique Of Legal Rightsmentioning

confidence: 94%

On the Limits of Political Emancipation and Legal Rights

Burdon

2019

Int J Semiot Law

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Self-archiving for articles in subscription-based journalsSpringer journals' policy on preprint sharing.By signing the Copyright Transfer Statement you still retain substantial rights, such as self-archiving: Author(s) are permitted to self-archive a pre-print and an author's accepted manuscript version of their Article. ……….b. An Author's Accepted Manuscript (AAM) is the version accepted for publication in a journal following peer review but prior to copyediting and typesetting that can be made available under the following conditions:(i) Author(s) retain the right to make an AAM of their Article available on their own personal, selfmaintained website immediately on acceptance, (ii) Author(s) retain the right to make an AAM of their Article available for public release on any of the following 12 months after first publication ("Embargo Period"): their employer's internal website; their institutional and/or funder repositories. AAMs may also be deposited in such repositories immediately on acceptance, provided that they are not made publicly available until after the Embargo Period.

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Section: Critique Of Legal Rightsmentioning

confidence: 94%

On the Limits of Political Emancipation and Legal Rights

Burdon

2019

Int J Semiot Law

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“…185 See discussion in Zemans (1983); Eskridge (2001: 454-8); Yeazell (2004Yeazell ( : 1990; Siegel (2006Siegel ( : 1333; Simmons (2009: 139). 186 See, prominently, Tushnet (1989); Kennedy (2002), (2004: 9-11). development of democracy, and the preparedness of citizens to pursue litigation typically indicates both deepening democratic institutionalization and socially proportioned multiplication of democratic agency.…”

Section: Democracy and Legal Mobilizationmentioning

confidence: 99%

The Sociology of Law and the Global Transformation of Democracy

Thornhill

2018

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T h e S o c iolo g y of l aw a n d T h e g loba l T r a n Sf or m aT ion of de mo c r ac yThis book provides a new legal-sociological account of contemporary democracy. This is based on a revision of standard positions in democratic theory, reflecting the impact of global legal norms on the institutions of national states. chris Thornhill argues that the establishment of fully democratic, fully inclusive governance systems in national societies was generally impeded by inner-societal structural factors, and that inclusive patterns of democratic citizenship only evolved on the foundation of global legal norms that were consolidated after 1945. he claims that this process can be best understood through a transposition of key insights of classical legal sociology onto the form of global society. extensive analysis of select case studies in different regions illustrate these claims. Thornhill offers a sociological theory of global law to explain contemporary processes of democratic integration and institutional formation and contemporary constructions of citizenship and political rights. This title is also available as open access.chris thornhill is Professor in law at the University of manchester. he is the author of several books on the sociology of law, especially on the sociology of constitutions. his books and other writings have been translated into many languages. he is a member of the academia europaea.global law seriesThe series provides unique perspectives on the way globalization is radically altering the study, discipline and practice of law. featuring innovative books in this growing field, the series explores those bodies of law which are becoming global in their application, and the newly emerging interdependency and interaction of different legal systems. it covers all major branches of the law and includes work on legal theory, history, and the methodology of legal practice and jurisprudence under conditions of globalization. offering a major platform on global law, these books provide essential reading for students and scholars of comparative, international and transnational law. Series Editorsm.e.a goodwin Tilburg University randall lesaffer Tilburg University david nelken King's College London han Somsen Tilburg University Books in the Series Intimations of Global Law neil walker Legalized Families in the Era of Bordered Globalization daphna hacker Transnational Sustainability Laws Phillip Paiement The Sociology of Law and the Global Transformation of Democracy chris Thornhill Authority and the Globalisation of Inclusion and Exclusion hans lindahlT h e S o c iolo g y of l aw a n d T h e g loba l T r a n Sf or m aT ion of de mo c r ac y c h r i S T hor n h i l l it furthers the University's mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. University of Manchesterwww.cambridge.org information on this title: www.cambridge.org/9781107199903

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“…Considering how many scholars have critiqued rights litigation and human rights activism as potential distractions from struggles for social change, it is remarkable how few have seen ATS litigation in a similar light. Critics of rights litigation have claimed that it can lead activists to develop a misplaced faith in the “myth of rights” (Scheingold 1974, 5), allow lawyers and rights discourse to coopt and deradicalize a movement (Gabel 1984; Tushnet 1984; Kennedy 2002), or place “hollow hope” in the ability of courts actually to implement social change (Rosenberg 1991). Critics of human rights activism, for their part, have argued it can construct depoliticized and individualized legal subjects (Kennedy 2004); promote notions of the state as savage, victims as powerless, and cause lawyers as morally superior saviors (Mutua 2002); and replace class-based utopian visions with an ostensibly apolitical legal utopia (Moyn 2010).…”

Section: Litigation As Dilemmamentioning

confidence: 99%

Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action

Ela

2017

Law soc. inq.

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How do activist plaintiffs experience the process of human rights litigation under the Alien Tort Statute (ATS)? Answering this question is key to understanding the impact on transnational legal mobilization of Kiobel v. Royal Dutch Shell, in which the US Supreme Court sharply limited the scope of the ATS. Yet socio-legal scholars know remarkably little about the experiences of ATS litigants, before or after Kiobel. This article describes how activist litigants in a landmark ATS class action against former Philippine President Ferdinand Marcos faced a series of strategic dilemmas, and how disagreements over how to resolve those dilemmas played into divisions between activists and organizations on the Philippine left. The article develops an analytical framework focused on litigation dilemmas, to explain how and why activists who pursue ATS litigation as an opportunity for legal mobilization may also encounter strategic dilemmas that contribute to dissension within a social movement.

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The Critique of Rights in Critical Legal Studies

Cited by 108 publications

References 11 publications

On the Limits of Political Emancipation and Legal Rights

On the Limits of Political Emancipation and Legal Rights

The Sociology of Law and the Global Transformation of Democracy

Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action

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