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Political speech in the United States is undergoing a crisis. Glendon's acclaimed book traces the evolution of the strident language of rights in America and shows how it has captured the nation's devotion to individualism and liberty, but omitted the American traditions of hospitality and care for the community.
Never before have claims of individual rights of behavior and expression ben so absolute or so divine. Harvard law professor Mary Ann Glendon traces the evolution of this distinctively American dialect of "rights talk" since WWII and shows how it has reduced our political discourse to stark and simple terms.
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Since at least the time of Tocqueville, observers have noted that Americans draw on the language of rights when expressing dissatisfaction with political and social conditions. As the United States confronts a complicated set of twenty-first-century problems, that tradition continues, with Americans invoking symbolic events of the founding era to frame calls for change. Most observers have been critical of such “rights talk.” Scholars on the left worry that it limits the range of political demands to those that can be articulated as legally recognized rights, while conservatives fear that it creates unrealistic expectations of entitlement. Drawing on a remarkable cache of Depression-era complaint letters written by ordinary Americans to the Justice Department, George I. Lovell challenges these common claims. Although the letters were written prior to the emergence of the modern civil rights movement—which most people assume is the origin of rights talk—many contain novel legal arguments, including expansive demands for new entitlements that went beyond what authorities had regarded as legitimate or required by law. Lovell demonstrates that rights talk is more malleable and less constraining than is generally believed. Americans, he shows, are capable of deploying idealized legal claims as a rhetorical tool for expressing their aspirations for a more just society while retaining a realistic understanding that the law often falls short of its own ideals.
She Took Justice: The Black Woman, Law, and Power – 1619 to 1969 proves that The Black Woman liberated herself. Readers go on a journey from the invasion of Africa into the Colonial period and the Civil Rights Movement. The Black Woman reveals power, from Queen Nzingha to Shirley Chisholm. In She Took Justice, we see centuries of courage in the face of racial prejudice and gender oppression. We gain insight into American history through The Black Woman's fight against race laws, especially criminal injustice. She became an organizer, leader, activist, lawyer, and judge – a fighter in her own advancement. These engaging true stories show that, for most of American history, the law was an enemy to The Black Woman. Using perseverance, tenacity, intelligence, and faith, she turned the law into a weapon to combat discrimination, a prestigious occupation, and a platform from which she could lift others as she rose. This is a book for every reader.
The act of converting people to certain beliefs or values is highly controversial in today's postcolonial, multicultural world. Proselytization has been viewed by some as an aggressive act of political domination. 'Proselytization Revisited' offers a comprehensive overview of the many arguments for and against proselytization in different regions and contexts. Proselytization is examined in the context of rights talk, globalisation and culture wars. The volume brings together essays demonstrating the global significance of proselytization, ranging from Christians in India to Turkish Islamic Movements and the Wiccan use of modern media technologies. The cross-cultural and multidisciplinary nature of this collection of essays provides a fresh perspective and the book will be of value to readers interested in the dynamic interaction of beliefs, ideas and cultures.
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 Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.
Histories of rights have too often marginalized Native Americans and African Americans. Addressing this lacuna, Native Land Talk expands our understanding of freedom by examining rights theories that Indigenous and African-descended peoples articulated in the eighteenth and nineteenth centuries. As settlers began to distrust the entitlements that the English used to justify their rule, the colonized and the enslaved formulated coherent logics of freedom and belonging. By anchoring rights in nativity, they countered settlers' attempts to dispossess and disenfranchise them. Drawing on a plethora of texts, including petitions, letters, newspapers, and official records, Yael Ben-zvi analyzes nativity's unsettling potentials and its discursive and geopolitical implications. She shows how rights were constructed in relation to American, African, and English spaces, and explains the obstacles to historic solidarity between Native American and African American struggles.
Positive Rights in a Republic of Talk will appeal to philosophers and social scientists interested in issues of rights and social justice, and to graduate students and journalists seeking a critical survey of the field. Innumerable recent books have addressed the issues of rights and social justice, but none combines the comprehensiveness, disinterestedness, and brevity found in this work. Positive Rights in a Republic of Talk: -is unique in its critical, let-the-chips-fall-where-they-may approach; -is untainted with special pleading for specific philosophical schools or social policies; -is distinctive in its range, examining the views of classical as well as contemporary thinkers and trendy as well as more established approaches; -is relentless in its confrontation of the abstract with the concrete; -discusses positive rights in such contexts as health care, education, foreign aid, homelessness, welfare, and disaster relief policies; -is distinctive in its prose, which is vivid, engaging, clear, occasionally funny, and never pompous or engorged with jargon; -can be read and enjoyed by serious non-specialists as well as specialists.