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Elizabeth Kingdom, "Transforming Rights:
Feminist Political Heuristics", Res Publica Vol.II no.1 (1996),
63-75: The phrase "transforming rights" refers to: (a) the processes
whereby the specification of rights in formal declarations such as the European
Social Charter can initiate a legal "career" with results which
go against women's interests, leading to disillusion with rights as incorporated
into constitutional politics; (b) the grounds, exemplified by radical feminism,
debates around the class politics of new social movements, and communitarian
theory, for hostility to the claim that appealing to rights can contribute
to the transformation of society; (c) strategies for the transformation
of rights. Despite reservations about the efficacy of rights discourse for
feminist and progressive legal politics, the reconceptualisation of "women's
rights" as "feminist political heuristics" is proposed. Rights
are seen as heuristics, in the sense that they provide guidelines or directives
for developing research programmes. In this way, the appeal to rights is
no longer the statement of a moral imperative but a mechanism for initiating
the processes leading to the formulation of feminist policy objectives or
draft legislation. This proposal is exemplified by an analysis of the conflict
between conceptualising women's rights to social benefits on an employment
model and conceptualising them on a welfare model.
Author's address: Department of Sociology, Social Policy and Social Work
Studies, University of Liverpool, Eleanor Rathbone Building, Bedford Street
North, Liverpool L69 7Z, e-mail: Kingdom@liverpool.ac.uk
Elizabeth Kingdom, "Right without might: liberal
minority politics", Res Publica Vol.III no.l (1997), 115-119:
Can liberals justify minority rights and retain their traditional commitment
to human rights and individual rights? Will Kymlicka argues that a liberal
commitment to freedom of choice and to personal autonomy demands a concern
with cultural membership and requires the promotion of minority rights.
His criticism of traditional doctrines of human rights is not that they
provide the wrong answers relating to questions concerning cultural minorities
but that they provide no answers at all. But communitarians, feminists and
Marxists have made precisely that cridcism of all rights claims, and their
critique can just as easily - and in logic has to be - applied to Kymlicka's
own doctrine of minority rights. e-mail: Kingdom@liverpool.ac.uk
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