This Is Not Civil Rights
Discovering Rights Talk in 1939 America
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This Is Not Civil Rights
Discovering Rights Talk in 1939 America
Since at least the time of Tocqueville, observers have noted that Americans draw on the language of rights when expressing dissatisfaction with political and social conditions. As the United States confronts a complicated set of twenty-first-century problems, that tradition continues, with Americans invoking symbolic events of the founding era to frame calls for change. Most observers have been critical of such “rights talk.” Scholars on the left worry that it limits the range of political demands to those that can be articulated as legally recognized rights, while conservatives fear that it creates unrealistic expectations of entitlement.
Drawing on a remarkable cache of Depression-era complaint letters written by ordinary Americans to the Justice Department, George I. Lovell challenges these common claims. Although the letters were written prior to the emergence of the modern civil rights movement—which most people assume is the origin of rights talk—many contain novel legal arguments, including expansive demands for new entitlements that went beyond what authorities had regarded as legitimate or required by law. Lovell demonstrates that rights talk is more malleable and less constraining than is generally believed. Americans, he shows, are capable of deploying idealized legal claims as a rhetorical tool for expressing their aspirations for a more just society while retaining a realistic understanding that the law often falls short of its own ideals.
280 pages | 1 halftone | 6 x 9 | © 2012
Chicago Series in Law and Society
Law and Legal Studies: Law and Society
Political Science: American Government and Politics, Judicial Politics
Reviews
Table of Contents
Preface
Acknowledgments
Acknowledgments
Chapter 1. Voices from Peoria
Chapter 2. The CRS’s Legal and Political Strategies for Improving Civil Rights Protections
Chapter 3. Dead Dogs, Bad Divorces, and, Dope-Peddling Sheriffs: The Subject Matter of Civil Rights Complaint Letters
Chapter 4. The Common Place of Lawyering: Using Legal and Constitutional Arguments to Support Novel Civil Rights Claims
Chapter 5. Underlying Commitments of Rights Claiming: Extralegal Persuasive Claims and Citizen Understandings of Law
Chapter 6. In Defense of Extravagant Rights Talk
Chapter 2. The CRS’s Legal and Political Strategies for Improving Civil Rights Protections
Chapter 3. Dead Dogs, Bad Divorces, and, Dope-Peddling Sheriffs: The Subject Matter of Civil Rights Complaint Letters
Chapter 4. The Common Place of Lawyering: Using Legal and Constitutional Arguments to Support Novel Civil Rights Claims
Chapter 5. Underlying Commitments of Rights Claiming: Extralegal Persuasive Claims and Citizen Understandings of Law
Chapter 6. In Defense of Extravagant Rights Talk
Appendix: Notes on the Archival Sources
Notes
Bibliography
Index
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