Law & Humanities Blog

---

The Myth of Rights Posted: 18 Aug 2011 09:34 AM PDT Jeffrey Dudas, University of Connecticut Department of Political Science, has published 'A Madman Full of Paranoid Guile': The Myth of Rights in the Modern American Mind, as an APSA 2011 Annual Meeting paper. Here is the abstract. Stuart Scheingold's path-breaking The Politics of Rights ignited scholarly interest in the political mobilization of rights. The book was a challenge to the reigning popular and scholarly common sense regarding the supposedly self-executing nature of rights (what Scheingold called the "myth of rights"). Rights, Scheingold argued, could be resources for the pursuit of social change; but their realization in court doctrine and legislative output was not itself tantamount to meaningful social change. Thus embedded in The Politics of Rights is skepticism (or at least ambivalence) about the utility of rights politics for social movements. Scheingold was not ambivalent about the moral or normative value of rights themselves, although he did argue that the realization of rights was not by itself enough to overcome the manifold inequalities that structure modern life. The Politics of Rights, accordingly, is clear-eyed, but not cynical about rights advocacy. It is thus surprising, and keenly revealing, that Scheingold's final work – The Political Novel, which is ostensibly not about rights at all – points to mass cynicism, alienation, and the collapse of faith in governing institutions and logics as the animating elements of modern liberal democracies, including especially the United States. That rights are a vital part of the civic mythology whose collapse defines modern times suggests that the civil rights context of aspiration and struggle in which Scheingold, and nearly all of his followers (this author included), have conceived rights may be unnecessarily narrow. Rights may also be embedded, that is, in the modern condition of alienation, despair, and felt powerlessness.