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/lp/springer-journals/a-critical-legal-examination-of-liberalism-and-liberal-rights-the-miHg0wS82d
- Publisher
- Springer International Publishing
- Copyright
- © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020
- ISBN
- 978-3-030-61024-1
- Pages
- 137 –165
- DOI
- 10.1007/978-3-030-61025-8_3
- Publisher site
- See Chapter on Publisher Site
Abstract
[In the last chapter I discussed a number of critical theories and how they approached liberalism as an inegalitarian and hegemonic tradition which imposed serious and unjustified limitations on people. Some of these objections were framed in the language of rights, with critics contending liberalism was inconsistent in its extension of equal rights to all. It often prevented racialized minorities, women, and LGBTQ individuals from enjoying the same right, or at least enjoying them to the same degree. Other critics objected to rights discourse as well, claiming the whole of liberalism needed to be thrown out. A few cosmetic fixes weren’t going to cut it. What I did not discuss were the serious efforts of liberals to counter these objections through a variety of theoretical and practical tricks. Some of these were quite profound, and provide serious lessons even to those of us who insist we need to think our way past liberalism. I will discuss some of these developments here, along with what can be taken away from them.]
Published: Nov 24, 2020