Is health care a right, as Bernie Sanders claims?
This episode explores what this kind of assertion of right implies, how “rights talk” has come to dominate this sort of political discourse, the ways in which such rights have historically been won, and why they continue to be contested.
Our guests today are all scholars of legal history, whose writing, taken together, explores the changing ways — that is, the structures and the means by which — Americans have made claims upon one another, asserted their belonging in communities ranging from the local to the national, and argued over the meaning, applicability, and proper enforcement of legal rights.
Felice Batlan teaches at the IIT Chicago-Kent College of Law. Her book, Women and Justice for the Poor: A History of Legal Aid 1863-1945, published by Cambridge University Press, has recently won the prestigious 2016 Willard Hurst Prize.
Sophia Lee teaches at the University of Pennsylvania Law School. Her book is entitled The Workplace Constitution from the New Deal to the New Right, and is available now from Cambridge University Press.
Karen Tani teaches at the University of California-Berkeley Law School. Her book, States of Dependency: Welfare, Rights, and American Governance, has just been released by Cambridge University Press.