"On the global development of legislation, treaty negotiations, constitutional measures, and litigation resulting in legal recognition of Rights of Nature (RoN), including the cultural and political influences that determined how these legal rights were framed, the method of adoption and, importantly, the evolution of RoN enforcement through judicial decisions and growing cultural familiarity with the new legal concept"--

A groundbreaking analysis that sheds new light on global governance

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 Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

This book focuses on Michel Foucault's late work on rights in order to address broader questions about the politics of rights in the contemporary era. As several commentators have observed, something quite remarkable happens in this late work. In his early career, Foucault had been a great critic of the liberal discourse of rights. Suddenly, from about 1976 onward, he makes increasing appeals to rights in his philosophical writings, political statements, interviews, and journalism. He not only defends their importance; he argues for rights new and as-yet-unrecognized. Does Foucault simply revise his former positions and endorse a liberal politics of rights? Ben Golder proposes an answer to this puzzle, which is that Foucault approaches rights in a spirit of creative and critical appropriation. He uses rights strategically for a range of political purposes that cannot be reduced to a simple endorsement of political liberalism. Golder develops this interpretation of Foucault's work while analyzing its shortcomings and relating it to the approaches taken by a series of current thinkers also engaged in considering the place of rights in contemporary politics, including Wendy Brown, Judith Butler, and Jacques Rancière.

In The Politics of White Rights, Joseph Bagley recounts the history of school desegregation litigation in Alabama, focusing on the malleability and durability of white resistance. He argues that the litigious battles of 1954–73 taught Alabama’s segregationists how to fashion a more subtle defense of white privilege, placing them in the vanguard of a new conservatism oriented toward the Sunbelt, not the South. Scholars have recently begun uncovering the ways in which segregationists abandoned violent backlash and overt economic reprisal and learned how to rearticulate their resistance and blind others to their racial motivations. Bagley is most interested in a creedal commitment to maintaining “law and order,” which lay at the heart of this transition. Before it was a buzz phrase meant to conjure up fears of urban black violence, “law and order” represented a politics that allowed self-styled white moderates to begrudgingly accept token desegregation and to begin to stake their own claims to constitutional rights without forcing them to repudiate segregation or white supremacy. Federal courts have, as recently as 2014, agreed that Alabama’s property tax system is crippling black education. Bagley argues that this is because, in the late 1960s, the politics of law and order became a politics of white rights, which supported not only white flight to suburbs and private schools but also nominally color-blind changes in the state’s tax code. These changes were designed to shield white money from the needs of increasingly black public education. Activists and courts have been powerless to do anything about them, because twenty years of desperate litigious combat finally taught Alabama lawmakers how to erect constitutional bulwarks that could withstand a legal assault.

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.

“A fascinating story . . . worth the attention of every student of modern China.” —The Journal of Asian Studies China’s 1911 Revolution was a momentous political transformation. Its leaders, however, were not rebellious troublemakers on the periphery of imperial order. On the contrary, they were a powerful political and economic elite deeply entrenched in local society and well-respected both for their imperially sanctioned cultural credentials and for their mastery of new ideas. The revolution they spearheaded produced a new, democratic political culture that enshrined national sovereignty, constitutionalism, and the rights of the people as indisputable principles. Based upon previously untapped Qing and Republican sources, The Politics of Rights and the 1911 Revolution in China is a nuanced and colorful chronicle of the revolution as it occurred in local and regional areas. Xiaowei Zheng explores the ideas that motivated the revolution, the popularization of those ideas, and their animating impact on the Chinese people at large. The focus of the book is not on the success or failure of the revolution, but rather on the transformative effect that revolution has on people and what they learn from it.

The Politics of Human Rights provides a systematic introductory overview of the nature and development of human rights. At the same time it offers an engaging argument about human rights and their relationship with politics. The author argues that human rights have only a slight relation to natural rights and they are historically novel: In large part they are a post-1945 reaction to genocide which is, in turn, linked directly to the lethal potentialities of the nation-state. He suggests that an understanding of human rights should nonetheless focus primarily on politics and that there are no universally agreed moral or religious standards to uphold them, they exist rather in the context of social recognition within a political association. A consequence of this is that the 1948 Universal Declaration is a political, not a legal or moral, document. Vincent goes on to show that human rights are essentially reliant upon the self-limitation capacity of the civil state. With the development of this state, certain standards of civil behavior have become, for a sector of humanity, slowly and painfully more customary. He shows that these standards of civility have extended to a broader society of states. At their best human rights are an ideal civil state vocabulary. The author explains that we comprehend both our own humanity and human rights through our recognition relations with other humans, principally via citizenship of a civil state. Vincent concludes that the paradox of human rights is that they are upheld, to a degree, by the civil state, but the point of such rights is to protect against another dimension of this same tradition (the nation-state). Human rights are essentially part of a struggle at the core of the state tradition.

This book addresses a puzzle in political economy: why is it that political instability does not necessarily translate into economic stagnation or collapse? In order to address this puzzle, it advances a theory about property rights systems in many less developed countries. In this theory, governments do not have to enforce property rights as a public good. Instead, they may enforce property rights selectively (as a private good), and share the resulting rents with the group of asset holders who are integrated into the government. Focusing on Mexico, this book explains how the property rights system was constructed during the Porfirio Díaz dictatorship (1876-1911) and then explores how this property rights system either survived, or was reconstructed. The result is an analytic economic history of Mexico under both stability and instability, and a generalizable framework about the interaction of political and economic institutions.

This volume assesses one of the most important developments in contemporary Latin American women's movements: the engagement with rights-based discourses. Organised women have played a central role in the continued struggle for democracy in the region and with it gender justice. The foregrounding of human rights, and within them the recognition of women's rights, has offered women a strategic advantage in pursuing their goals of an inclusive citizenship. The country-based chapters analyse specific bodies of rights: rights and representation, domestic violence, labour rights, reproductive rights, legal advocacy, socio-economic rights, rights and ethnicity, and rights, the state and autonomy.