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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p116970_index.html Direct Link: HTML Code:

Dudas, Jeffrey. "In the Name of Equal Rights: "Special" Rights & The Politics of Resentment in Post-Civil Rights America" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p116970_index.html>

Dudas, J. R. , 2004-05-27 "In the Name of Equal Rights: "Special" Rights & The Politics of Resentment in Post-Civil Rights America" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois <Not Available>. 2009-05-26 from http://www.allacademic.com/meta/p116970_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: My paper explores the ways in which conservative activists have mobilized public and elite support in order to oppose the civil-rights claims of historically-marginalized Americans. I argue that conservative activism is propelled and shaped by its own form of rights talk, one that distinguishes legitimate claims for equal rights and equal treatment from illegitimate claims for “special rights” and preferential treatment. Interpreting the civil-rights claims of groups such as Native Americans, gays and lesbians, African-Americans, and women as claims for special rights, conservative activists emphasize that these claims threaten a variety of core American values, including equality, individual merit, and community harmony. I argue further that the successful definition of the civil-rights claims of historically-marginalized Americans as special and unfair is politically important in two, intertwined ways. First, use of the special rights logic, because of its focus upon the allegedly endangered values of equality, individual merit, and community harmony, amplifies the resentment that conservative activists feel over the political participation of historically marginalized groups. Convinced that that participation is not only unfair but also un-American, activists redouble their opposition, which is now propelled by nationalistic sentiment. Second, I find that the use of the special rights logic expands the scope of conflict; it helps activists persuade otherwise disinterested popular and elite audiences of the dangers that “special rights” present for the American community. In so doing, the special rights logic encourages those audiences to lend support to activists’ attempts to block the social changes that historically-marginalized groups seek to accomplish with their rights mobilizations. A case study of reactions against the contemporary treaty-rights claims of Native American tribal governments puts flesh on these insights. My paper would fit well on panels that explore the impacts of rights mobilizations on American politics and culture.

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