The Politics of Rights: Lawyers, Public Policy, and Political Change

CONTENTS

CONTENTS Foreword Xl Preface to the Second Edition xvii Preface to the First Edition xlix PROLOGUE 1. Legal Rights and Political Action 3 The Myth of Rights 5 The Politics of Rights 6 PART ONE: THE MYTH OF RIGHTS 2. Law as Ideology: An Introduction to the Myth of Rights 13 Legal Symbols and Political LegitimacJ 15 Legal Values and Political Values 18 In Search of the Myth of Rights 21 3. An Ideologist's Eye View of the Myth of Rights 23 The Constitution 24 Judges, Courts, and Legal Reasoning 28 Constitutional Politics 33 4. The Call of the Law: The Myth of Rights as Political Rhetoric 39 The Rhetoric of Rights: An Allegory 41 The Virtue oj Realism 46 The Virtue of Convenience 49 The Virtue of Morality 53 5. The Political Resonance of the Myth of Rights 62 Rights, Rules, and Legal Institutions 63 Cleavage and Conflict 71 viii CONTENTS PART TWO: THE POLITICS OF RIGHTS 6. Rights as Resources 83 The Political Status of Legal Rights: The Myth Reconsidered 84 The Politics of Rights 90 Litigation and Political Change 95 7. Constitutional Values and Political Goals 97 Liberal-Capitalist Directions 98 Incremental Tempos 107 The Intrusive Logic of Legal Form 110 8. The Implementation of Public Policy 117 Legal Procedures and Judicial Preference 118 The Compliance Calculation 123 9. Legal Rights and Political Mobilization 131 Political Activation 132 Political Organization 138 Political Realignment 143 PART THREE: THE STRATEGISTS OF RIGHTS 10. Legal Education and Professional Socialization: The Myth of Rights Revisited 151 Legal Analysis 153 The Narrowing Vision 158 Professional Responsibility 162 11. The Activist Bar: Programs and Prospects 170 The Range of Activist Programs 172 The Prospects of the Activist Bar 185 EPILOGUE 12. The Political Relevance of Legal Rights Mobilization and Pluralism in the American Political Arena 203 205 CONTENTS ix Legal Rights and Political Mobilization 209 The Practical and Ethical Advantages of Legal Tactics of Mobilization 213 Postscript 218 Index 221 ...