Books and journals Case studies Expert Briefings Open Access
Advanced search

The right's revolution?: Conservatism and the meaning of rights in modern America

Thomas Hilbink

Special Issue Revisiting Rights

ISBN: 978-1-84855-930-1, eISBN: 978-1-84855-931-8

ISSN: 1059-4337

Publication date: 2 September 2009

Abstract

While many see the 1960s as the era of a “rights revolution” in American law, this article looks back from the present moment of conservative legal dominance to better understand the ways in which conservative ideas began to grow during the heyday of legal liberalism. Using recent histories of post-1945 grassroots conservatism, the author argues that conservative rights claims – while often legally questionable – constituted for many a powerful and persuasive understanding of the Constitution. Due to this popular conservative jurisprudence's endurance and influence, its existence in the 1960s forces reconsideration of understandings of the 1960s as the era of the “rights revolution.”

Citation

Hilbink, T. (2009), "The right's revolution?: Conservatism and the meaning of rights in modern America", Sarat, A. (Ed.) Special Issue Revisiting Rights (Studies in Law, Politics, and Society, Vol. 48), Emerald Group Publishing Limited, Bingley, pp. 43-67. https://doi.org/10.1108/S1059-4337(2009)0000048005

Download as .RIS

Publisher

:

Emerald Group Publishing Limited

Copyright © 2009, Emerald Group Publishing Limited

Please note you do not have access to teaching notes

You may be able to access teaching notes by logging in via Shibboleth, Open Athens or with your Emerald account.
Login
If you think you should have access to this content, click the button to contact our support team.
Contact us

To read the full version of this content please select one of the options below

You may be able to access this content by logging in via Shibboleth, Open Athens or with your Emerald account.
Login
If you think you should have access to this content, click the button to contact our support team.
Contact us
Emerald Publishing
  • Opens in new window
  • Opens in new window
  • Opens in new window
  • Opens in new window
© 2021 Emerald Publishing Limited

Services

  • Authors Opens in new window
  • Editors Opens in new window
  • Librarians Opens in new window
  • Researchers Opens in new window
  • Reviewers Opens in new window

About

  • About Emerald Opens in new window
  • Working for Emerald Opens in new window
  • Contact us Opens in new window
  • Publication sitemap

Policies and information

  • Privacy notice
  • Site policies
  • Modern Slavery Act Opens in new window
  • Chair of Trustees governance statement Opens in new window
  • COVID-19 policy Opens in new window
Manage cookies

We’re listening — tell us what you think

  • Something didn’t work…

    Report bugs here

  • All feedback is valuable

    Please share your general feedback

  • Member of Emerald Engage?

    You can join in the discussion by joining the community or logging in here.
    You can also find out more about Emerald Engage.

Join us on our journey

  • Platform update page

    Visit emeraldpublishing.com/platformupdate to discover the latest news and updates

  • Questions & More Information

    Answers to the most commonly asked questions here