The Myth of Rights


Book Description

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed. Professor Bhagwat brings clarity to many difficult controversies with a structural approach towards constitutional rights. Issues discussed include flag-burning, the ongoing debates over affirmative action and same-sex marriage, and the great battles over executive power fought during the second Bush Administration. The Myth of Rights addresses the constitutional issues posed in these and many other areas of law and public policy, and explains why a structural approach to constitutional rights illuminates these disputes in ways that an autonomy-based approach cannot. Readers will understand that while constitutional rights play a critical role in our legal and political system, it is a very different role from what is commonly assumed.




Refugees and the Myth of Human Rights


Book Description

Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.




Myth of Universal Human Rights


Book Description

In this groundbreaking and provocative new book, philosopher of science David N. Stamos challenges the current conceptions of human rights, and argues that the existence of universal human rights is a modern myth. Using an evolutionary analysis to support his claims, Stamos traces the origin of the myth from the English Levellers of 1640s London to our modern day. Theoretical defenses of the belief in human rights are critically examined, including defenses of nonconsensus concepts. In the final chapter Stamos develops a method of naturalized normative ethics, which he then applies to topics routinely dealt with in terms of human rights. In all of this Stamos hopes to show that there is a better way of dealing with matters of ethics and justice, a way that involves applying the whole of our evolved moral being, rather than only parts of it, and that is fiction-free.




The Myth of Rights


Book Description

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed.




The Myth of American Religious Freedom


Book Description

In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.




Southern Rights


Book Description

During the civil war that followed, not a day would pass when Confederate military prisons did not contain political prisoners."--BOOK JACKET.




Social Rights and the Politics of Obligation in History


Book Description

This pioneering volume explores the long-neglected history of social rights, from the Middle Ages to the present. It debunks the myth that social rights are 'second-generation rights' – rights that appeared after World War II as additions to a rights corpus stretching back to the Enlightenment. Not only do social rights stretch back that far; they arguably pre-date the Enlightenment. In tracing their long history across various global contexts, this volume reveals how debates over social rights have often turned on deeper struggles over social obligation – over determining who owes what to whom, morally and legally. In the modern period, these struggles have been intertwined with questions of freedom, democracy, equality and dignity. Many factors have shaped the history of social rights, from class, gender and race to religion, empire and capitalism. With incomparable chronological depth, geographical breadth and conceptual nuance, Social Rights and the Politics of Obligation in History sets an agenda for future histories of human rights.




The Myth of Digital Democracy


Book Description

Matthew Hindman reveals here that, contrary to popular belief, the Internet has done little to broaden political discourse in the United States, but rather that it empowers a small set of elites - some new, but most familiar.




The Myth of Rights


Book Description

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases, i.e. that rights protect autonomy. That understanding, however, is wrong and is, indeed, 'The Myth of Rights'. This book addresses the constitutional issues posed in these and many other areas of law and public policy.




The Myth of International Protection


Book Description

In this viscerally intense, ethnographically-based work, Claudia Seymour, a former child protection advisor and human rights investigator for the United Nations, chronicles the heart-wrenching stories of young people in the Democratic Republic of Congo—young people who live on the front lines of conflict, in neighborhoods and villages destroyed by war, and on the streets in conditions of poverty and destitution. Seymour shares her personal journey, one that begins with the will to do good yet ends with the realization of how international aid can contribute to greater harm than good. The idea of protection and universalized human rights is turned on its head as Seymour uncovers the complicities and hypocrisies of the aid world—that in its promotion of “inalienable human rights”, the complex historical and socio-economic dynamics that lead to the violations of such rights are ignored. The Myth of International Protection offers a new perspective to reframe how the world sees the DRC, and urges global audiences to consider their own roles in fueling the DRC’s seemingly endless violence.