The Bill of Rights in the Modern State
Edited by Geoffrey R. Stone, Richard A. Epstein, and Cass R. Sunstein University of Chicago Press, 1992 Library of Congress KF4749.A2B555 1992 | Dewey Decimal 342.73085
Although the Bill of Rights has existed for two hundred years, the last half century has seen dramatic changes in its meaning and scope. The essays collected in this volume represent the full range of views and interpretations of what these first ten amendments to the U. S. Constitution mean today as guarantors of individual rights.
The contributors to this volume are among the most prominent constitutional scholars in the country. Most of the essays are grouped in pairs, each of which offers conflicting positions on current constitutional controversies, including property rights, freedom of religion, freedom of speech, levels of generality in constitutional interpreation, and unemumerated rights.
The contributors are: Bruce Ackerman, Mary E. Becker, Ronald Dworkin, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Mary Ann Glendon, Philip B. Kurland, Frank J. Michaelman, Michael W. McConnell, Richard A. Posner, Kathleen M. Sullivan, John Paul Stevens, David A. Strauss, and Cass R. Sunstein.
"A thoughtful and well coordinated set of exchanges between leading modern constitutional theorists about the most significant issues related to the Bill of Rights and the Welfare State. These issues are debated through penetrating essays by opposing theorists who get to the heart of these issues and provide significant answers to their debate opponents' points."—Thomas R. Van Dervort, Southeastern Political Review
Reconstruction politics and race relations between freed blacks and the white establishment in Perry County, Alabama
In his fascinating, in-depth study, Bertis D. English analyzes why Perry County, situated in the heart of a violence-prone subregion of Alabama, enjoyed more peaceful race relations and less bloodshed than several neighboring counties. Choosing an atypical locality as central to his study, English raises questions about factors affecting ethnic disturbances in the Black Belt and elsewhere in Alabama. He also uses Perry County, which he deems an anomalous county, to caution against the tendency of some scholars to make sweeping generalizations about entire regions and subregions.
English contends Perry County was a relatively tranquil place with a set of extremely influential African American businessmen, clergy, politicians, and other leaders during Reconstruction. Together with egalitarian or opportunistic white citizens, they headed a successful campaign for black agency and biracial cooperation that few counties in Alabama matched. English also illustrates how a significant number of educational institutions, a high density of African American residents, and an unusually organized and informed African American population were essential factors in forming Perry County’s character. He likewise traces the development of religion in Perry, the nineteenth-century Baptist capital of Alabama, and the emergence of civil rights in Perry, an underemphasized center of activism during the twentieth century.
This well-researched and comprehensive volume illuminates Perry County’s history from the various perspectives of its black, interracial, and white inhabitants, amplifying their own voices in a novel way. The narrative includes rich personal details about ordinary and affluent people, both free and unfree, creating a distinctive resource that will be useful to scholars as well as a reference that will serve the needs of students and general readers.
Alan Gewirth extends his fundamental principle of equal and universal human rights, the Principle of Generic Consistency, into the arena of social and political philosophy, exploring its implications for both social and economic rights. He argues that the ethical requirements logically imposed on individual action hold equally for the supportive state as a community of rights, whose chief function is to maintain and promote the universal human rights to freedom and well-being. Such social afflictions as unemployment, homelessness, and poverty are basic violations of these rights, which the supportive state is required to overcome. A critical alternative to both "liberal" and "communitarian" views, this book will command the attention of anyone engaged in the debate over social and economic justice.
John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.
In the courts, the best chance for achieving a broad set of rights for gays and lesbians lies with judges who view liberalism as grounded in an expansion of rights rather than a constraint of government activity.
At a time when most gay and lesbian politics focuses only on the issue of gay marriage, Courts, Liberalism, and Rights guides readers through a nuanced discussion of liberalism, court rulings on sodomy laws and same-sex marriage, and the comparative progress gays and lesbians have made via the courts in Canada.
As debates continue about the ability of courts to affect social change, Jason Pierceson argues that this is possible. He claims that the greatest opportunity for reform via the judiciary exists when a judiciary with broad interpretive powers encounters a political culture that endorses a form of liberalism based on broadly conceived individual rights; not a negative set of rights to be held against the state, but a set of rights that recognizes the inherent dignity and worth of every individual.
This collection of ethnographic and interpretive essays fundamentally alters the debate over indigenous land claims in Southeast Asia and beyond. Based on fieldwork conducted in Malaysia and Indonesia during the 1980s and 1990s, these studies explore new terrain at the intersection of environmental justice, nature conservation, cultural performance, and the politics of making and interpreting claims. Calling for radical redefinitions of development and ownership and for new understandings of the translation of culture and rights in politically dangerous contexts—natural resource frontiers—this volume links social injustice and the degradation of Southeast Asian environments. Charles Zerner and his colleagues show how geographical areas once viewed as wild and undeveloped are actually cultural artifacts shaped by complex interactions with human societies. Drawing on richly varied sources of evidence and interpretation—from trance dances, court proceedings, tree planting patterns, marine and forest rituals, erotic poems, and codifications of customary law, Culture and the Question of Rights reveals the ironies, complexities, and histories of contemporary communities’ struggles to retain their gardens, forests, fishing territories, and graveyards. The contributors examine how these cultural activities work to both construct and to lay claim to nature. These essays open up new avenues for negotiating indigenous rights against a background of violence, proliferating markets, and global ideas of biodiversity and threatened habitat.
Contributors. Jane Atkinson, Don Brenneis, Stephanie Fried, Nancy Peluso, Marina Roseman, Anna Tsing, Charles Zerner
Long before the Supreme Court ruled that impoverished defendants in criminal cases have a right to free counsel, Philadelphia’s public defenders were working to ensure fair trials for all. In 1934, when penniless defendants were routinely railroaded through the courts without ever seeing a lawyer, Philadelphia attorney Francis Fisher Kane helped create the Voluntary Defender Association, supported by charity and free from political interference, to represent poor people accused of crime.
When the Supreme Court’s 1963 decision Gideonv. Wainwright mandated free counsel for indigent defendants, the Defender (as it is now known) became more essential than ever, representing at least 70 percent of those caught in the machinery of justice in the city. Its groundbreaking work in juvenile advocacy, homicide representation, death-row habeas corpus petitions, parole issues, and alternative sentencing has earned a national reputation.
In The Defender, Edward Madeira, past president of the Defender’s Board of Directors, and former Philadelphia Inquirer journalist Michael Schaffer chart the 80-plus-year history of the organization as it grew from two lawyers in 1934 to a staff of nearly 500 in 2015.
This is a compelling story about securing justice for those who need it most.
Throughout human history people have been driven from their homes by wars, unjust treatment, earthquakes, and hurricanes. The reality of forced migration is not new, nor is awareness of the suffering of the displaced a recent discovery. The United Nations High Commissioner for Refugees estimates that at the end of 2007 there were 67 million persons in the world who had been forcibly displaced from their homes—including more than 16 million people who had to flee across an international border for fear of being persecuted due to race, religion, nationality, social group, or political opinion.
Driven from Home advances the discussion on how best to protect and assist the growing number of persons who have been forced from their homes and proposes a human rights framework to guide political and policy responses to forced migration. This thought-provoking volume brings together contributors from several disciplines, including international affairs, law, ethics, economics, and theology, to advocate for better responses to protect the global community’s most vulnerable citizens.
Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences.
Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy.
Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.
The Fierce Urgency of Now links musical improvisation to struggles for social change, focusing on the connections between the improvisation associated with jazz and the dynamics of human rights struggles and discourses. The authors acknowledge that at first glance improvisation and rights seem to belong to incommensurable areas of human endeavor. Improvisation connotes practices that are spontaneous, personal, local, immediate, expressive, ephemeral, and even accidental, while rights refer to formal standards of acceptable human conduct, rules that are permanent, impersonal, universal, abstract, and inflexible. Yet the authors not only suggest that improvisation and rights can be connected; they insist that they must be connected.
Improvisation is the creation and development of new, unexpected, and productive cocreative relations among people. It cultivates the capacity to discern elements of possibility, potential, hope, and promise where none are readily apparent. Improvisers work with the tools they have in the arenas that are open to them. Proceeding without a written score or script, they collaborate to envision and enact something new, to enrich their experience in the world by acting on it and changing it. By analyzing the dynamics of particular artistic improvisations, mostly by contemporary American jazz musicians, the authors reveal improvisation as a viable and urgently needed model for social change. In the process, they rethink politics, music, and the connections between them.
To understand Alabama history one must appreciate the impact of the failure of secession of the state in the subsequent half century as well as the causes for the success of the Civil Rights Movement in the state in the mid-twentieth century. The prophet of the first revolution was William Lowndes Yancey and the prophet of the second was Martin Luther King, Jr., two Southerners who set in motion forces that shaped American history beyond the borders of the state and region. In the years between their two lives Alabama changed dramatically.
These examples of outstanding scholarship were published in The Alabama Review over the past forty years and provide an overview of a century of change in Alabama. The first articles center of the Civil War and Reconstruction era, which left Alabama reeling in turmoil. The efforts of the Greenbackers, the Grange, the Alliance, and the Populists ended in frustration as the politics of pressure and intimidation prevailed for the half-century after the Civil War. White as well as black poor had not yet appreciated the political power of their numbers.
In the new century, progressives had a distinct sense that they could take on outside forces larger than themselves. National currents swept Alabama into movements for the regulation of railroads, women’s suffrage, child labor reform, and welfare capitalism. Still, progressive reform coexisted with the most frightening political and social movement of early twentieth-century Alabama, the Ku Klux Klan, whose blessing or curse made or broke the careers of powerful politicians.
The desperation of the Great Depression gave way to a revived sense that Alabamians could shape their world. Not only was this feeling new, but so were the politicians whose debut represented emergence of the poor determined to act in their own behalf. The Montgomery Bus Boycott was the first thunder of a social and political storm that would remake Alabama and the entire country.
In Health Care for Some, Beatrix Hoffman offers an engaging and in-depth look at America’s long tradition of unequal access to health care. She argues that two main features have characterized the US health system: a refusal to adopt a right to care and a particularly American approach to the rationing of care. Health Care for Some shows that the haphazard way the US system allocates medical services—using income, race, region, insurance coverage, and many other factors—is a disorganized, illogical, and powerful form of rationing. And unlike rationing in most countries, which is intended to keep costs down, rationing in the United States has actually led to increased costs, resulting in the most expensive health care system in the world.
While most histories of US health care emphasize failed policy reforms, Health Care for Some looks at the system from the ground up in order to examine how rationing is experienced by ordinary Americans and how experiences of rationing have led to claims for a right to health care. By taking this approach, Hoffman puts a much-needed human face on a topic that is too often dominated by talking heads.
In Hegel's Critique of Liberalism, Steven B. Smith examines Hegel's critique of rights-based liberalism and its relevance to contemporary political concerns. Smith argues that Hegel reformulated classic liberalism, preserving what was of value while rendering it more attentive to the dynamics of human history and the developmental structure of the moral personality. Hegel's goal, Smith suggests, was to find a way of incorporating both the ancient emphasis on the dignity and even architectonic character of political life with the modern concern for freedom, rights, and mutual recognition. Smith's insightful analysis reveals Hegel's relevance not only to contemporary political philosophers concerned with normative issues of liberal theory but also to political scientists who have urged a revival of the state as a central concept of political inquiry.
In 2007, the United Nations adopted the UN Declaration on the Rights of Indigenous People, a landmark political recognition of indigenous rights. A decade later, this book looks at the status of those rights internationally. Written jointly by indigenous and non-indigenous scholars, the chapters feature case studies from four continents that explore the issues faced by Indigenous Peoples through three themes: land, spirituality, and self-determination.
Orit Rozin’s inspired scholarship focuses on the construction and negotiation of citizenship in Israel during the state’s first decade. Positioning itself both within and against much of the critical sociological literature on the period, this work reveals the dire historical circumstances, the ideological and bureaucratic pressures, that limited the freedoms of Israeli citizens. At the same time it shows the capacity of the bureaucracy for flexibility and of the populace for protest against measures it found unjust and humiliating. Rozin sets her work within a solid analytical framework, drawing on a variety of historical sources portraying the voices, thoughts, and feelings of Israelis, as well as theoretical literature on the nature of modern citizenship and the relation between citizenship and nationality. She takes on both negative and positive freedoms (freedom from and freedom to) in her analysis of three discrete yet overlapping issues: the right to childhood (and freedom from coerced marriage at a tender age); the right to travel abroad (freedom of movement being a pillar of a liberal society); and the right to speak out—not only to protest without fear of reprisal, but to speak in the expectation of being heeded and recognized. This book will appeal to scholars and students of Israeli history, law, politics, and culture, and to scholars of nation building more generally.
Identities, Politics, and Rights
Austin Sarat and Thomas R. Kearns, Editors University of Michigan Press, 1997 Library of Congress JC571.I33 1995 | Dewey Decimal 323
The subject of rights occupies a central place in liberal political thought. This tradition posits that rights are entitlements of individuals by virtue of their personhood and that rights stand apart from politics, that rights in fact hold at bay intrusions of state policy. The essays in Identities, Politics, and Rights question these assumptions and examine how rights constitute us as subjects and are, at the same time, implicated in political struggles. In contrast to the liberal notion of rights' universality, these essays emphasize the context-specific nature of rights as well as their constitutive effects.
Recognizing that political disputes throughout the world have increasingly been cast as arguments about rights, the essays in this volume examine the varied roles that rights play in political movements and contests. They argue that rights talk is used by many different groups primarily because of its fluidity. Certainly rights can empower individuals and protect them from their societies, but they also constrain them in other areas. Frequently, empowerment for one group means disabling rights for another group. Moreover, focusing on rights can both liberate and limit the imagination of the possible. By alerting us to this paradox of rights--empowerment and limitation--Identities, Politics, and Rights illuminates ongoing challenges to rights and reminds us that rights can both energize political engagement and provide a resource for defenders of the status quo.
Contributors are Richard Abel, Bruce Ackerman, Wendy Brown, John Comaroff, Drucilla Cornell, Jane Gaines, Thomas R. Kearns, Elizabeth Kiss, Kirstie McClure, Sally Merry, Martha Minow, Austin Sarat, and Steven Shiffrin.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
The countless retellings and reimaginings of the private and public lives of Phillis Wheatley, Sally Hemings, Sarah Baartman, Mary Seacole, and Sarah Forbes Bonetta have transformed them into difficult cultural and black feminist icons. In Infamous Bodies, Samantha Pinto explores how histories of these black women and their ongoing fame generate new ways of imagining black feminist futures. Drawing on a variety of media, cultural, legal, and critical sources, Pinto shows how the narratives surrounding these eighteenth- and nineteenth-century celebrities shape key political concepts such as freedom, consent, contract, citizenship, and sovereignty. Whether analyzing Wheatley's fame in relation to conceptions of race and freedom, notions of consent in Hemings's relationship with Thomas Jefferson, or Baartman's ability to enter into legal contracts, Pinto reveals the centrality of race, gender, and sexuality in the formation of political rights. In so doing, she contends that feminist theories of black women's vulnerable embodiment can be the starting point for future progressive political projects.
Justice and Rights is a record of the fifth "Building Bridges" seminar held in Washington, DC in 2006 (an annual symposium on Muslim-Christian relations cosponsored by Georgetown University and the Church of England). This volume examines justice and rights from Christian and Muslim perspectives—a topic of immense relevance for both faiths in the modern world, but also with deep roots in the core texts of both traditions.
Leading scholars examine three topics: scriptural foundations, featuring analyses of Christian and Muslim sacred texts; evolving traditions, exploring historical issues in both faiths with an emphasis on religious and political authority; and the modern world, analyzing recent and contemporary contributions from Christianity and Islam in the area of freedom and human rights.
What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government.
Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy.
With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence.
Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
For decades, Singapore's gay activists have sought equality and justice in a state where law is used to stifle basic civil and political liberties. In her groundbreaking book, Mobilizing Gay Singapore, Lynette Chua asks, what does a social movement look like in an authoritarian state? She takes an expansive view of the gay movement to examine its emergence, development, strategies, and tactics, as well as the roles of law and rights in social processes.
Chua tells this important story using in-depth interviews with gay activists, observations of the movement's activities-including "Pink Dot" events, where thousands of Singaporeans gather in annual celebrations of gay pride-movement documents, government statements, and media reports. She shows how activists deploy "pragmatic resistance" to gain visibility and support, tackle political norms that suppress dissent, and deal with police harassment, while avoiding direct confrontations with the law.
Mobilizing Gay Singapore also addresses how these brave, locally engaged citizens come out into the open as gay activists and expand and diversify their efforts in the global queer political movement.
“The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History
“Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal
On the Spirit of Rights
Dan Edelstein University of Chicago Press, 2018 Library of Congress JC571.E357 2018 | Dewey Decimal 323.09
By the end of the eighteenth century, politicians in America and France were invoking the natural rights of man to wrest sovereignty away from kings and lay down universal basic entitlements. Exactly how and when did “rights” come to justify such measures?
In On the Spirit of Rights, Dan Edelstein answers this question by examining the complex genealogy of the rights that regimes enshrined in the American and French Revolutions. With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others, who were all engaged in laying the groundwork for our contemporary systems of constitutional governance. Every seemingly new claim about rights turns out to be a variation on a theme, as late medieval notions were subtly repeated and refined to yield the talk of “rights” we recognize today. From the Wars of Religion to the French Declaration of the Rights of Man and of the Citizen to the 1948 Universal Declaration of Human Rights, On the Spirit of Rights is a sweeping tour through centuries of European intellectual history and an essential guide to our ways of thinking about human rights today.
In Outlawed, Daniel M. Goldstein reveals how indigenous residents of marginal neighborhoods in Cochabamba, Bolivia, struggle to balance security with rights. Feeling abandoned to the crime and violence that grip their communities, they sometimes turn to vigilante practices, including lynching, to apprehend and punish suspected criminals. Goldstein describes those in this precarious position as "outlawed": not protected from crime by the law but forced to comply with legal measures in other areas of their lives, their solutions to protection criminalized while their needs for security are ignored. He chronicles the complications of the government's attempts to provide greater rights to indigenous peoples, including a new constitution that recognizes "community justice." He also examines how state definitions of indigeneity ignore the existence of marginal neighborhoods, continuing long-standing exclusionary practices. The insecurity felt by the impoverished residents of Cochabamba—and, more broadly, by the urban poor throughout Bolivia and Latin America—remains. Outlawed illuminates the complex interconnections between differing definitions of security and human rights at the local, national, and global levels.
What is the common element linking the right to health care and the right of free speech, the right to leisure and the right of free association, the right to work and the right to be protected? Debates on the rights of man abound in the media today, but all too often they remain confused and fail to recognize the fundamental political conceptions on which they hinge.
Several French theorists have recently attempted a new account of rights, one that would replace the discredited Marxist view of rights as mere formalities concealing the realities of class domination. In this final volume of Political Philosophy, Luc Ferry and Alain Renaut summarize these efforts and put forward their own set of arguments.
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.
In Race, Rights, and the Asian American Experience, Angelo N. Ancheta demonstrates how United States civil rights laws have been framed by a black-white model of race that typically ignores the experiences of other groups, including Asian Americans. When racial discourse is limited to antagonisms between black and white, Asian Americans often find themselves in a racial limbo, marginalized or unrecognized as full participants.
Ancheta examines legal and social theories of racial discrimination, ethnic differences in the Asian American population, nativism, citizenship, language, school desegregation, and affirmative action. In the revised edition of this influential book, Ancheta also covers post-9/11 anti-Asian sentiment and racial profiling. He analyzes recent legal cases involving political empowerment, language rights, human trafficking, immigrant rights, and affirmative action in higher education-many of which move the country farther away from the ideals of racial justice. On a more positive note, he reports on the progress Asian Americans have made in the corporate sector, politics, the military, entertainment, and academia.
A skillful mixture of legal theories, court cases, historical events, and personal insights, this revised edition brings fresh insights to U.S. civil rights from an Asian American perspective.
In Race, Rights, and the Asian American Experience, Angelo N. Ancheta demonstrates how United States civil rights laws have been framed by a black-white model of race that typically ignores the experiences of other groups, including Asian Americans. When racial discourse is limited to antagonisms between black and white, Asian Americans often find themselves in a racial limbo, marginalized or unrecognized as full participants.
Ancheta examines legal and social theories of racial discrimination, ethnic differences in the Asian American population, nativism, citizenship, language, school desegregation, and affirmative action. In the second edition of this influential book, Ancheta also covers post–9/11 anti-Asian sentiment and racial profiling. He analyzes recent legal cases involving political empowerment, language rights, human trafficking, immigrant rights, and affirmative action in higher education—many of which move the country farther away from the ideals of racial justice. On a more positive note, he reports on the progress Asian Americans have made in the corporate sector, politics, the military, entertainment, and academia.
A skillful mixture of legal theories, court cases, historical events, and personal insights, this second edition brings fresh insights to U.S. civil rights from an Asian American perspective.
It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, our treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community.
Focusing on overinterventionist approaches, Refusing Care explores when, if ever, the mentally ill should be treated against their will. Basing her analysis on case and empirical studies, Elyn R. Saks explores dilemmas raised by forced treatment in three contexts—civil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. Saks argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while Saks advocates relaxing the standards for first commitment after a psychotic episode, she also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, Saks proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike.
Mental health professionals, lawyers, disability rights activists, and anyone who wants to learn more about the way the mentally ill are treated—and ought to be treated—in the United States should read Refusing Care.
Theories of justice, argues Virginia Held, are usually designed for a perfect, hypothetical world. They do not give us guidelines for living in an imperfect world in which the choices and decisions that we must make are seldom clear-cut.
Seeking a morality based on actual experience, Held offers a method of inquiry with which to deal with the specific moral problems encountered in daily life. She argues that the division between public and private morality is misleading and shows convincingly that moral judgment should be contextual. She maps out different approaches and positions for various types of issues, including membership in a state, legal decisions, political activities, economic transactions, interpersonal relations, diplomacy, journalism, and determining our obligation to future generations. Issues such as these provide the true test of moral theory, since its success is seen in the willingness of conscientious persons to commit themselves to it by acting on it in their daily lives.
Rights and Wrongs of Children's Work, authored by an interdisciplinary team of experts, incorporates recent theoretical advances and experiences to explore the place of labor in children's lives and development.
This groundbreaking book considers international policies governing children's work and the complexity of assessing the various effects of their work. The authors question current child labor policies and interventions, which, even though pursued with the best intentions, too often fail to protect children against harm or promote their access to education and other opportunities for decent futures. They argue for the need to re-think the assumptions that underlie current policies on the basis of empirical evidence, and they recommend new approaches to advance working children's well-being and guarantee their human rights.
Rights and Wrongs of Children's Work condemns the exploitation and abuse of child workers and supports the right of all children to the best quality, free education that society can afford. At the same time, the authors recognize the value, and sometimes the necessity, of work in growing up, and the reality that a "workless" childhood, without responsibilities, is not good preparation for adult life in any environment.
Rights in the Digital Era
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior permission from the publisher. Society of American Archivists, 2015 Library of Congress KF4325.R54 2015 | Dewey Decimal 344.73092
About Rights in the Digital Era:
MODULE 4 Understanding Copyright Law Heather Briston
Describes the main principles of copyright law and outlines strategies for addressing common issues, special topics, and digital projects.
MODULE 5 Balancing Access and Privacy in Manuscript Collections Menzi L. Behrnd-Klodt
Introduces basic access and privacy laws, concepts, definitions, and professional ethical standards affecting manuscript materials and private and family papers.
Balancing Access and Privacy in the Records of Organizations Menzi L. Behrnd-Klodt
Introduces basic access and privacy laws, concepts, definitions, and professional ethical standards affecting the management of records created by organizations, businesses, agencies, and other entities.
Managing Rights and Permissions Aprille C. McKay
Provides practical guidance to help archivists transfer, clear, manage, and track rights information in analog and digital archives.
About Trends in Archives Practice:
This open-ended series by the Society of American Archivists features brief, authoritative treatments—written and edited by top-level professionals—that fill significant gaps in archival literature. The goal of this modular approach is to build agile, user-centered resources. Modules treat discrete topics relating to the practical management of archives and manuscript collections in the digital age. Select modules are clustered together by topic (as they are here) and are available in print or electronic format. Each module also is available separately in electronic format so that readers can mix and match modules that best satisfy their needs and interests. Stay on trend with Trends in Archives Practice!
Although the most visible banners of feminism were carried by educated, white-collar, professional women, in fact, working-class women were a powerful force in the campaign for gender equality. "Rights, Not Roses" explores how unionized wage-earning women led the struggle to place women's employment rights on the national agenda, decisively influencing both the contemporary labor movement and second-wave feminism.
Drawing on union records, oral histories, and legislative hearings and debates, Dennis A. Deslippe unravels a complex history of how labor leaders accommodated and resisted working women's demands for change. Through case studies of unions representing packinghouse and electrical workers, Deslippe explains why gender equality emerged as an issue in the 1960s and how the activities of wage-earning women in and outside of their unions shaped the content of the debate. He also traces the faultlines between working-class women, who sought gender equality within the parameters of unionist principles such as seniority, and middle-class women, who sought an equal rights amendment that would guarantee an abstract equality for all women.
A thoughtful and thorough study of working-class feminism, "Rights, Not Roses" raises important questions about the meaning of equality for working women, the connections of women to their unions, the gendered nature of equal rights, and more.
Promoting Islam as a defender of human rights is laden with difficulties. Advocates of human rights will readily point out numerous humanitarian failures carried out in the name of Islam. In The Rights of God, Irene Oh looks at human rights and Islam as a religious issue rather than a political or legal one and draws on three revered Islamic scholars to offer a broad range of perspectives that challenge our assumptions about the role of religion in human rights.
The theoretical shift from the conception of morality based in natural duty and law to one of rights has created tensions that hinder a fruitful exchange between human rights theorists and religious thinkers. Does the static identification of human rights with lists of specific rights, such as those found in the Universal Declaration of Human Rights, make sense given the cultural, historical, and religious diversity of the societies in which these rights are to be respected and implemented? In examining human rights issues of the contemporary Islamic world, Oh illustrates how the value of religious scholarship cannot be overestimated.
Oh analyzes the commentaries of Abul A'la Maududi, Sayyid Qutb, and Abdolkarim Soroush—all prominent and often controversial Islamic thinkers—on the topics of political participation, religious toleration, and freedom of conscience. While Maududi and Qutb represent traditional Islam, and Soroush a more reform and Western-friendly approach, all three contend that Islam is indeed capable of accommodating and advocating human rights.
Whereas disentangling politics and culture from religion is never easy, Oh shows that the attempt must be made in order to understand and overcome the historical obstacles that prevent genuine dialogue from taking place across religious and cultural boundaries.
Rights of Inclusion provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights-one that focuses on their role in everyday lives rather than in formal legal claims.
Although all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations, and altered the perceptions and assumptions of their employers and coworkers-in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA.
Charting the history of contemporary philosophical and religious beliefs regarding nature, Roderick Nash focuses primarily on changing attitudes toward nature in the United States. His work is the first comprehensive history of the concept that nature has rights and that American liberalism has, in effect, been extended to the nonhuman world.
“A splendid book. Roderick Nash has written another classic. This exploration of a new dimension in environmental ethics is both illuminating and overdue.”—Stewart Udall
“His account makes history ‘come alive.’”—Sierra
“So smoothly written that one almost does not notice the breadth of scholarship that went into this original and important work of environmental history.”—Philip Shabecoff, New York Times Book Review
“Clarifying and challenging, this is an essential text for deep ecologists and ecophilosophers.”—Stephanie Mills, Utne Reader
In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them.
Unlike many of today’s humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned “cruelty” into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem.
On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress.
Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Moral theory should be simple: the moral theorist attends to ordinary human action to explain what makes some acts right and others wrong, and we need no microscope to observe a human act. Yet no moral theory that is simple captures all of the morally relevant facts.
In a set of vivid examples, stories, and cases Judith Thomson shows just how wide an array of moral considerations bears on all but the simplest of problems. She is a philosophical analyst of the highest caliber who can tease a multitude of implications out of the story of a mere bit of eavesdropping. She is also a master teller of tales which have a philosophical bite. Beyond these pleasures, however, she brings new depth of understanding to some of the most pressing moral issues of the moment, notably abortion. Thomson's essays determinedly confront the most difficult questions: What is it to have a moral right to life, or any other right? What is the relation between the infringement of such rights and restitution? How is rights theory to deal with the imposition of risk?
Table of Contents:
1. A Defense of Abortion 2. Rights and Deaths 3. Self-Defense and Rights 4. Some Ruminations on Rights 5. Rights and Compensation 6. Killing, Letting Die, and the Trolley Problem 7. The Trolley Problem 8. The Right to Privacy 9. Preferential Hiring 10. Some Questions about Government Regulation of Behavior 11. Imposing Risks 12. Remarks on Causation and Liability 13. Liability and Individualized Evidence
Afterword Sources Index
These essays are distinguished examples of analytical philosophy: clear, highly intelligent, and scrupulously argued. The presentation is forceful, and several pieces speak directly to important matters of general concern, such as abortion and positive discrimination. Thomson's use of examples is particularly striking. They are starkly presented, and notably unsentimental. Some may find the tone heartless. That effect is not unintentional, and the very bare and unapologetic presentation is designed to shock the reader into reflection. Her work reaches towards morally adventurous conclusions, and is impatient of many received pieties. --Bernard Williams
Property rights are a tool humans use in regulating their use of natural resources. Understanding how rights to resources are assigned and how they are controlled is critical to designing and implementing effective strategies for environmental management and conservation.Rights to Nature is a nontechnical, interdisciplinary introduction to the systems of rights, rules, and responsibilities that guide and control human use of the environment. Following a brief overview of the relationship between property rights and the natural environment, chapters consider: ecological systems and how they function the effects of culture, values, and social organization on the use of natural resources the design and development of property rights regimes and the costs of their operation cultural factors that affect the design and implementation of property rights systems coordination across geographic and jurisdictional boundaries The book provides a valuable synthesis of information on how property rights develop, why they develop in certain ways, and the ways in which they function. Representing a unique integration of natural and social science, it addresses the full range of ecological, economic, cultural, and political factors that affect natural resource management and use, and provides valuable insight into the role of property rights regimes in establishing societies that are equitable, efficient, and sustainable.
States of Marriage shows how throughout the colonial period in French Sudan (present-day Mali) the institution of marriage played a central role in how the empire defined its colonial subjects as gendered persons with certain attendant rights and privileges. The book is a modern history of the ideological debates surrounding the meaning of marriage, as well as the associated legal and sociopolitical practices in colonial and postcolonial Mali. It is also the first to use declassified court records regarding colonialist attempts to classify and categorize traditional marriage conventions in the southern region of the country.
In French Sudan, as elsewhere in colonial Africa, the first stage of marriage reform consisted of efforts to codify African marriages, bridewealth transfers, and divorce proceedings in public records, rendering these social arrangements “legible” to the colonial administration. Once this essential legibility was achieved, other, more forceful interventions to control and reframe marriage became possible. This second stage of marriage reform can be traced through transformations in and by the colonial court system, African engagements with state-making processes, and formations of “gender justice.” The latter refers to gender-based notions of justice and legal rights, typically as defined by governing and administrative bodies as well as by socioxadpolitical communities. Gender justice went through a period of favoring the rights of women, to a period of favoring patriarchs, to a period of emphasizing the power of the individual—but all within the context of a paternalistic and restrictive colonial state.
In Unruly Immigrants, Monisha Das Gupta explores the innovative strategies that South Asian feminist, queer, and labor organizations in the United States have developed to assert claims to rights for immigrants without the privileges or security of citizenship. Since the 1980s many South Asian immigrants have found the India-centered “model minority” politics of previous generations inadequate to the task of redressing problems such as violence against women, homophobia, racism, and poverty. Thus they have devised new models of immigrant advocacy, seeking rights that are mobile rather than rooted in national membership, and advancing their claims as migrants rather than as citizens-to-be. Creating social justice organizations, they have inventively constructed a transnational complex of rights by drawing on local, national, and international laws to seek entitlements for their constituencies.
Das Gupta offers an ethnography of seven South Asian organizations in the northeastern United States, looking at their development and politics as well as the conflicts that have emerged within the groups over questions of sexual, class, and political identities. She examines the ways that women’s organizations have defined and responded to questions of domestic violence as they relate to women’s immigration status; she describes the construction of a transnational South Asian queer identity and culture by people often marginalized by both mainstream South Asian and queer communities in the United States; and she draws attention to the efforts of labor groups who have sought economic justice for taxi drivers and domestic workers by confronting local policies that exploit cheap immigrant labor. Responding to the shortcomings of the state, their communities, and the larger social movements of which they are a part, these groups challenge the assumption that citizenship is the necessary basis of rights claims.
Utility and Rights
R.G. Frey, Editor University of Minnesota Press, 1984 Library of Congress BJ1012.U8 1984 | Dewey Decimal 170
Utility and Rights was first published in 1984. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
At issue in the clash between utilitarianism and the theory of rights is a fundamental question about the theoretical underpinnings of moral and political philosophy. Is this structure to be utility-based—grounded in the general welfare—or is it to be based on individual moral and political rights, as critics of utilitarianism increasingly insist? The argument centers, in part, upon the fact that utilitarianism, with its emphasis upon outcomes and total utility in the world, seems to employ a value theory that offers no protection to persons and their vital interests.
The essays in this volume grapple with the main issues in this controversy. They share a common concern with the nature of rights and the ways in which various moral theories can accommodate them; some measure the degree to which utilitarianism can or cannot be modified to include rights. Eight of the eleven essays were written expressly for this book; all of the authors are deeply engaged in the debate over utility and rights, and their essays build upon and extend current thinking on the subject. R. G. Frey's lucid introduction will make the book appropriate for advanced students as well as for scholars in moral, political, and legal theory.
"One ubiquitous criticism of utilitarianism is that it cannot make sense of moral rights at all. This collection is the first that explicitly addresses these issues, and it marks a major step in the debate."–Dale Jamieson, University of Colorado
R. G. Frey is senior lecturer in philosophy at the University of Liverpool. He is the author of Interests and Rights and Rights, Killing, and Suffering.
Warfare in Europe contributed to the development of the modern state. In response to external conflict, state leaders raised armies and defended borders. The centralization of power, the development of bureaucracies, and the integration of economies all maximized revenue to support war. But how does a persistent external threat affect the development of a strong state? The “Garrison State" hypothesis argues that states that face a severe security threat will become autocracies. Conversely, the “Extraction School," argues that warfare indirectly promotes the development of democratic institutions.
Execution of large-scale war, requires the mobilization of resource and usually reluctant populations. In most cases, leaders must extend economic or political rights in exchange for resolving the crisis. Large-scale warfare thus expands political participation in the long run. The authors use empirical statistical modeling to show that war decreases rights in the short term, but the longer and bigger a war gets, the rights of the citizenry expand with the conflict. The authors test this argument through historical case studies—Imperial Russia, Austro-Hungarian Dual Monarchy, African Americans in World War I and II, and the Tirailleurs Senegalese in World War I—through the use of large N statistical studies—Europe 1900–50 and Global 1893–2011—and survey data. The results identify when, where, and how war can lead to the expansion of political rights.
Rights occupy a strange position in global politics. On the one hand, they’re used by business and governments as a justification for globalization—if the spread of corporate capitalism also helps lead to improvements in human rights, then globalization must be good, right? At the same time, though, even those on the left who are skeptical of that discourse tend to hew to a belief in rights themselves, like the right to food, medicine, housing, free speech, assembly, and religion.
How can these conflicting attitudes towards rights be reconciled? Radha D’Souza lays out the problem and the solution in this book, applying legal thought to human rights to bridge the gap between rights in the abstract and their institutional context. Through close looks at real struggles, D’Souza shows how the left around the world can develop new strategies and tactics to achieve the goals embodied by rights discourse without giving cover to globalization.