Civil Rights: Rethinking their Natural Foundation

by Robin L. West

Overview

All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society.

Product Details

ISBN-13:	9781108736947
Publisher:	Cambridge University Press
Publication date:	08/01/2019
Series:	Cambridge Studies on Civil Rights and Civil Liberties
Pages:	276
Product dimensions:	6.02(w) x 8.98(h) x 0.55(d)

About the Author

Robin L. West is the Haas Professor of Law and Philosophy at Georgetown University, Washington, DC. She is a member of the Law Culture and Humanities Association, from whom she was recently honored with a lifetime achievement award. She is also a member of the Academy of Arts and Sciences. She is the author of Normative Jurisprudence: An Introduction (Cambridge, 2011) and Teaching Law (Cambridge, 2013), and is co-editor, with Cynthia Bowman, of the International Research Handbook on Feminist Jurisprudence (forthcoming).

Table of Contents

Introduction; 1. The antidiscrimination principle and its discontents; 2. Residues of injustice: formal equality and civil rights; 3. Toward a jurisprudence of civil rights; 4. A frayed quilt: our lost, imperfect, and unimagined civil rights; 5. Protecting rights to enter: constitutional rights and civil rights in conflict; Conclusion.

Editorial Reviews

‘… this is a well-researched tome that includes copious footnotes … this volume is a sound accomplishment …’ S. A. Merriman, Choice

From the Publisher