LAWS3042A - Jurisprudence - Law Assignment Help

Assignment Task

Question

‘I by no means want to idealize the importance of rights in a legal system in which rights are often selectively invoked to draw boundaries, to isolate and to limit. At the same time, it is very hard to watch the idealistic or symbolic importance of rights being diminished with reference to the disenfranchised, who experience and express their disempowerment as nothing else than the denial of rights.’

Patricia Williams ‘Alchemical Notes: Reconstructing Ideals from Deconstructed Rights’.

In the passage above Williams identifies a tension that appears to be pervasive in the different genres of critical legal theory you have studied in semester 2. Critically discuss this tension. You may draw on course material from both semesters one and two in your answer.

In your answer you could also consider the following questions:

• Are rights claims and ‘rights rhetoric’ important in struggles by oppressed groups for empowerment?

• Are rights necessarily alienating and obfuscatory?

• Do rights always entail elements of both possibility as well as limits when considered in the light of projects of ‘empowerment’ and ‘emancipation’?

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