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The Politics of Rights: Lawyers, Public Policy, and Political Change
2004, 2nd Edition, With a New Preface by the author, and a New Foreword by Malcolm Feeley Stuart A. Scheingold
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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
"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.
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Cover
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Title
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Copyright
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Dedication
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CONTENTS
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Foreword
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Preface to the Second Edition
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Preface to the First Edition
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PROLOGUE
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1. Legal Rights and Political Action
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The Myth of Rights
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The Politics of Rights
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PART ONE: THE MYTH OF RIGHTS
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2. Law as Ideology: An Introduction to the Myth of Rights
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Legal Symbols and Political Legitimacy
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Legal Values and Political Values
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In Search of the Myth of Rights
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3. An Ideologist’s Eye View of the Myth of Rights
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The Constitution
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Judges, Courts, and Legal Reasoning
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Constitutional Politics
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4. The Call of the Law: The Myth of Rights as Political Rhetoric
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The Rhetoric of Rights: An Allegory
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The Virtue of Realism
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The Virtue of Convenience
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The Virtue of Morality
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5. The Political Resonance of the Myth of Rights
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Rights, Rules, and Legal Institutions
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Cleavage and Conflict
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PART TWO: THE POLITICS OF RIGHTS
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6. Rights as Resources
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The Political Status of Legal Rights: The Myth Reconsidered
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The Politics of Rights
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Litigation and Political Change
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7. Constitutional Values and Political Goals
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Liberal-Capitalist Directions
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Incremental Tempos
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The Intrusive Logic of Legal Form
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8. The Implementation of Public Policy
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Legal Procedures and Judicial Preference
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The Compliance Calculation
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9. Legal Rights and Political Mobilization
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Political Activation
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Political Organization
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Political Realignment
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PART THREE: THE STRATEGISTS OF RIGHTS
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10. Legal Education and Professional Socialization: The Myth of Rights Revisited
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Legal Analysis
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The Narrowing Vision
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Professional Responsibility
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11. The Activist Bar: Programs and Prospects
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The Range of Activist Programs
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The Prospects of the Activist Bar
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EPILOGUE
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12. The Political Relevance of Legal Rights
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Mobilization and Pluralism in the American Political Arena
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Legal Rights and Political Mobilization
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The Practical and Ethical Advantages of Legal Tactics of Mobilization
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Postscript
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Index
Citable Link
Published: 2004
Publisher: University of Michigan Press
- 978-0-472-02553-4 (ebook)
- 978-0-472-03005-7 (paper)