Beyond the Rights Debate

Abstract

ITHIN SOCIO-LEGAL theory, much has been written about the 'politics of rights', legal academics lining up to either defend or attack VV the struggle for rights in liberal democracies. Most progressive legal theorists agree that 'rights' (as objectives and rhetoric) are potentially problematic, for a variety of reasons. The main point of disagreement, as I read it, is between those who characterize 'rights' as abstract, individualistic, disempowering and obfuscatory (Freeman

The Citizen's Charter and Radical Democracy: Empowerment and Exclusion Within Citizenship Discourse

“…Indeed, in many ways the citizenship debate raises similar issues to those emerging within legal discourse over the connected problematic of rights (see Herman, 1993;Waters, 1989). For sections of the community denied forms of citizenship, its achievement may be of value in raising their status and increasing their social power (Watney, 1990).…”

A Theoretically Critical Gaze on the Canadian Equal Marriage Debate: Breaking the Binaries

“…"Homophobic prejudice, like sexism and racism, unjustly distorts the idea of human rights applicable to both private and public life" (Richards, 1998, p. 347), and the equal rights debate is uniquely positioned to mobilize a marginalized population and draw attention to the broader systemic experiences of prejudice and discrimination (Bakan & Smith, 1995). Thus, the value of the Charter and equal rights litigation may not reside so much in its measurable outcomes but rather in its ability to mobilize and empower marginalized groups and offer them symbolic strength (Herman, 1993;Marx, 1996). The tension between "rights seeking" and "participatory social movement" actors may, in reality, be a false dichotomy that fractures and restrains the movement, thus keeping it from becoming a real threat to hegemony.…”

“…Controversy and debate surrounding the value of rights discourse have been equally rampant. While many activists, academics, and subjugated citizens regard rights-based activism as an integral and fundamental (albeit partial and inadequate) instrument of social change (i.e., Herman, 1993;Lahey, 1999;Valdes, 2003;Williams, 1991;Yamamoto, 1997), many others counter that rights claims offer little more than empty promises and hollow hope for redressing social inequality (i.e., Cossman, 2002;Eskridge, 2000;Fudge & Glasbeek, 1992;Hutchinson, 1999;Kennedy, 2002;Roithmayr, 2001;Tushnet, 1984). In light of these competing, and often vitriolic, perspectives, it is undoubtedly a debate worthy of consideration.…”

Rights, Nationalism and Social Movements in Canadian Constitutional Politics

“…Its strategists must have known that by condemning the expansion of collective powers as an illegitimate conferral of 'government rights' and using the phrase 'hierarchy of rights' NAC risked being misunderstood as taking traditional liberal positions. That risk, however, may have been considered worth taking given the power of anti-government themes to attract publicity and media attention (see Herman, 1993).…”