The constitution of interests
The constitution of interests: beyond the politics of rights John Brigham
Publisher: New York : New York University, c1996.
ISBN: 0814712851
DDC: 349.73
LCC: KF384
Edition: (acid-free paper)
Summary:
Clearly, the structure of authority in this country rests on how
Americans understand the nature and relationship of law and politics.
Law consists of pronouncements from the courts, but also of what we
think of these pronouncements: should abortion be a choice or is it
murder? Law is formed as much through the dynamic tensions that
govern how these laws are received as through their official decree.
Legal forms - contracts, property, rights - similarly do not reflect
pre-existing or natural categories but themselves constitute social
and political life because they dictate how we conceptualize our
world. Even activists who seek reform inadvertently reinforce the
traditional legal remedies against which they rally, oftentimes
relying on legal institutions while claiming to be free of them. John
Brigham's book focuses on four particular ideological movements and
their strategies, including the emphasis placed by gay men on their
rights during the legal struggle over the closing of gay bathhouses
in the early years of the AIDS crisis and the radical feminist use of
rage and radical consciousness in anti-pornography campaigns. The
effect of law in politics, Brigham convincingly reveals, is
constitutive precisely when political life finds its meaning in
various legal forms.
Notes:
Includes bibliographical references (p. 197-217) and index.
Ch. 1. Legal Forms: Toward a Constitutive Theory -- Ch. 2. Rights to
Profligacy? Sex and AIDS, the Early Years -- Ch. 3. Professions of
Realism: An Institutional Form -- Ch. 4. Remedial Law: The Ideology
of Informalism -- Ch. 5. Radical Legal Consciousness: Sex and Rage --
Ch. 6. The Constitution of Interests: Rethinking Legalism.
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