The Dialectic of Rights and Politics: Perspectives from the Women’s Movement [1986]

The idea that legal rights have some intrinsic value is widespread in our culture. A rights claim can make a statement of entitlement that is universal and categorical. Critical legal studies (CLS) scholars question whether rights claims and rights discourse can facilitate social reconstruction. The CLS critique has several interrelated themes which flow from a more general critique of liberalism. CLS scholars argue that liberalism is premised on dichotomies, such as individual and community or self and other, that divide the world into two mutually exclusive spheres. CLS scholars criticize the use of rights claims by social movement groups on related grounds. Feminist theory emphasizes the value of direct and personal experience as the place that theory should begin, as embodied in the phrase "the personal is political". Looking at the gains and losses together, the chapter concludes that the struggles around legal rights have moved the women's movement forward and reinforced a sense of collective experience for the movement.