Theoretical and Empirical Studies of Rights

Description

This important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights. Cover Half Title Title Page Copyright Page Table of Contents Acknowledgements Series Preface Dedication Introduction Part I Historical and Philosophical Perspectives on Theories of Rights 1 United Nations (1948), 'Universal Declaration of Human Rights', UN website at www.un.org, pp. 71-79 2 John Locke (1967), 'Of Property', in John Locke: Second Treatise of Government, in T.P. Peardon (ed), London: Cambridge University Press, pp. 16-30 3 Jürgen Habermas (2001), 'Constitutional Democracy: A Paradoxical Union of Contradictory Principles?', Political Theory, 29, pp. 766-81 4 Ronald M. Dworkin (1967), 'The Model of Rules', University of Chicago Law Review, 35, pp. 14-46 Part II Conflicts of and about Rights 5 Charles A. Reich (1964), 'The New Property', Yale Law Journal, 73, pp. 733-87 6 Jeremy Waldron (1989), 'Rights in Conflict', Ethics, 99, pp. 503-19 7 Martha Minow (1987), 'Interpreting Rights: An Essay for Robert Cover', Yale Law Journal, 96, pp. 1860-1915 8 Mark Tushnet (1984), 'An Essay on Rights', Texas Law Review, 62, pp. 1363-403 Part III Rights in Empirical Relief 9 William L.F. Felstiner, Richard L. Abel and Austin Sarat (1980), 'The Emergence and Transformation of Disputes: Naming, Blaming, Claiming ...', Law and Society Review, 15, pp. 631-54, 883-910 Rights and Individuals 10 David M. Engel and Frank W. Munger (1996), 'Rights, Remembrance, and the Reconciliation of Difference', Law and Society Review, 30, pp. 7-53. 11 Laura Beth Nielsen (2000), 'Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens about Law and Street Harassment', Law and Society Review, 34, pp. 1055-90. Rights in Organizations 12 Lauren B. Edelman, Howard S. Erlanger and John Lande (1993), 'Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace', Law and Society Review, 27, pp. 497-534. 13 Catherine R. Albiston (2005), 'Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights', Law and Society Review, 39, pp. 11-49. Rights in Social Movements 14 Michael W. McCann (1993), 'Reform Litigation on Trial', Law and Social Inquiry, 17, pp. 715-43. 15 Gerald N. Rosenberg (1993), 'Hollow Hopes and Other Aspirations: A Reply to Feeley and McCann', Law and Social Inquiry, 17, pp. 761-78. Rights in Global Contexts 16 Katharina C. Heyer (2002), 'The ADA on the Road: Disability Rights in Germany', Law and Social Inquiry, 27, pp. 723-62. 17 Sally Engle Merry (2001), 'Rights, Religion, and Community: Approaches to Violence Against Women in the Context of Globalization', Law and Society Review, 35, pp. 39-88. Name Index