1996
DOI: 10.2307/3054033
|View full text |Cite
|
Sign up to set email alerts
|

Rights, Remembrance, and the Reconciliation of Difference

Abstract: Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the Americans with Disabilities Act of 1990, and the personal histories of two individuals who might potentially… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1
1
1

Citation Types

0
38
0

Year Published

1999
1999
2023
2023

Publication Types

Select...
7
2

Relationship

0
9

Authors

Journals

citations
Cited by 60 publications
(38 citation statements)
references
References 40 publications
0
38
0
Order By: Relevance
“…Previous studies on the mobilization of law have focused on racial minorities, women, the disabled, and other disadvantaged groups (Bumiller 1988; Engel and Munger 1996; Nielsen 2000). This study extends this line of inquiry to examine the experiences of undocumented immigrants, another disenfranchised group in the United States (Chavez 1998; Menjívar 2006).…”
Section: Disenfranchised Groups and The (Im)mobilization Of The Law: mentioning
confidence: 99%
See 1 more Smart Citation
“…Previous studies on the mobilization of law have focused on racial minorities, women, the disabled, and other disadvantaged groups (Bumiller 1988; Engel and Munger 1996; Nielsen 2000). This study extends this line of inquiry to examine the experiences of undocumented immigrants, another disenfranchised group in the United States (Chavez 1998; Menjívar 2006).…”
Section: Disenfranchised Groups and The (Im)mobilization Of The Law: mentioning
confidence: 99%
“…The neutral label disguises subjects’ marginal status, thereby promoting a more accepting environment in which to claim their rights. Unlike the potential beneficiaries of civil rights and other rights‐granting laws who are perceived as victims when they invoke the law (Bumiller 1988; Engel and Munger 1996; Nielsen 2000), undocumented students are able to further hide their marginalized status with a label that is neutral and socially unrecognizable. When invoking the ADA, or calling for protection against sexual harassment or other legally defined discriminatory actions, subjects are directly identifying as members of marginalized groups.…”
Section: How Undocumented Students Experience the Law—instrumental Efmentioning
confidence: 99%
“…In this rendering, people may invoke and enact legality in ways neither approved nor acknowledged by the law" (Ewick and Silbey 1998,22). The legal consciousness framework understands that people interpret their experiences by drawing on a collaboration of law and other social structures (Engel and Munger 1996;Sarat 1990). These interpretations may be highly individualized, based on each person's social characteristics, previous contact with the law, and political standing (Cooper 1995).…”
Section: Legal Consciousnessmentioning
confidence: 99%
“…In excavating the history of such temporal movements, I also draw on the notion that law is located within a variety of formal and informal legal transactions (see, e.g., Merry 1990; Yngvesson 1993; Engel and Munger 1996, 2003). Filing a class‐action suit and applying for asylum through a notary both have legal effects, and the cumulative impact of these effects may reshape law, regardless of actors' legal knowledge and intentions.…”
Section: Law's Archeologymentioning
confidence: 99%