The Politics of Rights

by Scheingold, Stuart A.

• ISBN13: 9780472030057
• ISBN10: 0472030051
• Edition: 2nd
• Format: Paperback
• Copyright: 2004-04-13
• Publisher: Univ of Michigan Pr

Summary

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 forewordStuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

Author Biography

Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

Table of Contents

Foreword	p. xi
Preface to the Second Edition	p. xvii
Preface to the First Edition	p. xlix
Prologue
Legal Rights and Political Action	p. 3
The Myth of Rights	p. 5
The Politics of Rights	p. 6
The Myth of Rights
Law as Ideology: An Introduction to the Myth of Rights	p. 13
Legal Symbols and Political Legitimacy	p. 15
Legal Values and Political Values	p. 18
In Search of the Myth of Rights	p. 21
An Ideologist's Eye View of the Myth of Rights	p. 23
The Constitution	p. 24
Judges, Courts, and Legal Reasoning	p. 28
Constitutional Politics	p. 33
The Call of the Law: The Myth of Rights as Political Rhetoric	p. 39
The Rhetoric of Rights: An Allegory	p. 41
The Virtue of Realism	p. 46
The Virtue of Convenience	p. 49
The Virtue of Morality	p. 53
The Political Resonance of the Myth of Rights	p. 62
Rights, Rules, and Legal Institutions	p. 63
Cleavage and Conflict	p. 71
The Politics of Rights
Rights as Resources	p. 83
The Political Status of Legal Rights: The Myth Reconsidered	p. 84
The Politics of Rights	p. 90
Litigation and Political Change	p. 95
Constitutional Values and Political Goals	p. 97
Liberal-Capitalist Directions	p. 98
Incremental Tempos	p. 107
The Intrusive Logic of Legal Form	p. 110
The Implementation of Public Policy	p. 117
Legal Procedures and Judicial Preference	p. 118
The Compliance Calculation	p. 123
Legal Rights and Political Mobilization	p. 131
Political Activation	p. 132
Political Organization	p. 138
Political Realignment	p. 143
The Strategists of Rights
Legal Education and Professional Socialization: The Myth of Rights Revisited	p. 151
Legal Analysis	p. 153
The Narrowing Vision	p. 158
Professional Responsibility	p. 162
The Activist Bar: Programs and Prospects	p. 170
The Range of Activist Programs	p. 172
The Prospects of the Activist Bar	p. 185
Epilogue
The Political Relevance of Legal Rights	p. 203
Mobilization and Pluralism in the American Political Arena	p. 205
Legal Rights and Political Mobilization	p. 209
The Practical and Ethical Advantages of Legal Tactics of Mobilization	p. 213
Postscript	p. 218
Index	p. 221
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