The Politics of Rights: Then and Now

París, Michael

doi:10.1111/j.1747-4469.2006.00043.x

Cited by 11 publications

(5 citation statements)

References 52 publications

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“…In the United States, people sometime refer to "a rights revolution," and attribute it to the activist rulings of the Warren Court and to the Civil Rights Movement of the 1950s and 1960s (Glendon 1991, 4;Minow 1987Minow , 1860Schneider 1988, 152-53 ("Even the Burger Court has extended the regime of rights, if not by finding new rights, at least by finding fresh implications of old ones. ")), as well as to the rise of social reform litigation (Paris 2006(Paris , 1004. It has been argued that following these processes rights discourse has become the "mother tongue" and "first language" in discussions of important public issues in America (Glendon 1991, 47, 173; see also White 1992White , 1272White -73, 1267.…”

Section: Lawand Social Inquirymentioning

confidence: 99%

“…mushroomed without a legitimate basis, while left-leaning scholars portrayed rights as incoherent, contradictory, and indeterminate, and therefore as prone to manipulation (Tushnet 1984;see also Minow 1987see also Minow , 1860see also Minow , 1864. Cause lawyering scholars diminished the importance of rights litigation as a means for effecting social reform (Scheingold 1974;Paris 2006). Joseph Raz argued that since there is more to morality than rights and duties, e.g., supererogation, "right-based moralities are impoverished moral theories and are unlikely to provide adequate foundations for an acceptable humanistic morality" (Raz 1984a, 183-86).…”

Section: Lawand Social Inquirymentioning

confidence: 99%

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Property and the Obligation to Support the Conditions of Human Flourishing

Mautner¹

2020

Law Soc. Inq.

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American rights discourse makes it difficult to generate responsibilities for the well-being of the communities within which human personhood is formed. Gregory S. Alexander’s Property and Human Flourishing (2018) focuses on the obligations that property owners owe to the communities in which they are embedded. Drawing on a communitarian ontology—as opposed to atomist ontology—and writing in the spirit of Aristotle, John Stuart Mill, and thinkers of the liberalism of flourishing, Alexander endorses human flourishing as the central ideal of the good life, and argues that ownership of property is justified insofar as it facilitates the opportunity of persons to live flourishing lives.

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Section: Lawand Social Inquirymentioning

confidence: 99%

Section: Lawand Social Inquirymentioning

confidence: 99%

Property and the Obligation to Support the Conditions of Human Flourishing

Mautner¹

2020

Law Soc. Inq.

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“…The alternation should perhaps be understood as a process of strategic 'translation', from legal into political fields and vice versa (Paris 2006(Paris , p. 1029. Legal activism centres on the conduct of particular cases as they pass through various levels of judicial authority; political activism is also highly episodic, moving across issues and agendas according to the political process.…”

Section: Legal and Political Activism 'In Translation'mentioning

confidence: 99%

Inside the Aid/Watch Case: Translating across Political and Legal Activism

Goodman

2011

CCS Journal

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The article explores the interaction between legal and political strategy in producing social change. It centres on a long-running dispute in Australia over whether charities can have a dominant political purpose. The focus is on the strategising of the small activist charity that successfully pursued the case over a five-year period. As an 'insider' account, the article charts the in-practice process of translating activisms across legal and political fields. With a stress on contingency and agency, the account affirms a 'politics of rights' approach to legal activism. It shows how the case opened-up new grounds for political contestation, and as such offered prospects for 'non-reformist reform'. It also demonstrates how this occurred more by strategic engagement with unintended effects, than necessarily by design.

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“… 4. I am not alone in highlighting Scheingold's dualistic approach. For example, according to Michael Paris, Scheingold's “dualistic” conception of ideology embraces both pejorative and nonpejorative views of ideology and contributes to his “ambivalence about the myth of rights” (Paris 2006, 1011). …”

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confidence: 99%

“…Scheingold also highlights tactics in “the war on terror” that lead to “demonizing the Ethnic Other” (224) and that perpetuate cultural conflict, separation, and mistrust. Scheingold's substantive commitments are, as Michael Paris notes in his analysis of The Politics of Rights , in favor of egalitarian, “small d” democrat efforts to challenge the status quo and redistribute political power (Paris 2006).…”

mentioning

confidence: 99%

Estrangement and Empowerment in Scheingold's The Political Novel

Silverstein¹

2012

Law soc. inq.

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This essay develops an understated argument in Stuart Scheingold 's The Political Novel (2010), namely, how narratives of estrangement serve to empower re-imagination without reinforcing the false promises of modernism. I argue that Scheingold's earlier work in The Politics of Rights and on cause lawyering provides guidance for understanding the character of empowerment to which Scheingold points in his latest work. In addition, I examine three film narratives that treat the "mournful legacy of the twentieth century"-Pan's Labyrinth, Life Is Beautiful, and Everything Is Illuminated. Emergent in these narratives, I suggest, is a way that storytellers point to empowerment by highlighting the largely overwhelming constraints that limit the agency promised by modernism and the strategic, though contingent, choices characters make to confront and cope with their own estrangement. This is a simple story, but not an easy one to tell. Like a fable, there is sorrow . . . and, like a fable, it is full of wonder and happiness. (1997) You're getting older. Soon you'll see that life isn't like your fairy tales. The world is a cruel place. And you'll learn that even if it hurts. Life Is Beautiful

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The Politics of Rights: Then and Now

Cited by 11 publications

References 52 publications

Property and the Obligation to Support the Conditions of Human Flourishing

Property and the Obligation to Support the Conditions of Human Flourishing

Inside the Aid/Watch Case: Translating across Political and Legal Activism

Estrangement and Empowerment in Scheingold's The Political Novel

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