
Culture of Rights
James Benjamin
With the passage into law of the Canadian Charter of Rights and Freedoms in 1982, rights took on new legal, political, and social significance in Canada. In the decades following, Canadian jurisprudence has emphasised the importance of rights, determining their shape and asserting their centrality to legal ideas about what Canada represents. At the same time, an increasing number of Canadian novels have also engaged with the language of human rights and civil liberties, reflecting, like their counterparts in law, the possibilities of rights and the failure of their protection.
In A Culture of Rights, Benjamin Authers reads novels by authors including Joy Kogawa, Margaret Atwood, Timothy Findley, and Jeanette Armstrong alongside legal texts and key constitutional rights cases, arguing for the need for a more complex, interdisciplinary understanding of the sources of rights in Canada and elsewhere. He suggests that, at present, even when rights are violated, popular insistence on Canada’s rights-driven society remains. Despite the limited scope of our rights, and the deferral of more substantive rights protections to some projected, ideal Canada, we remain keen to promote ourselves as members of an entirely just society.
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About James Benjamin
Reviews for Culture of Rights
G.A. McBeath
Choice, vol 54:04:2016
"For readers interested in delving into how the values of the Charter are represented and understood in Canadian culture, A Culture of Rights provides an excellent introduction."
Jianna Rieder
Saskatchewan Law Review
"A Culture of Rights is an insightful contribution to Canadian cultural criticism and opens more space for readings of the relationship between literature and politics."
Jeremy Haynes, McMaster University
University of Toronto Quarterly, vol 87 3, Summer 2018
"This book is a fascinating exploration of the rights revolution in Canada through legal and literary approaches…The unique interdisciplinary approach (law and literature) of this book highlights the wonderful scholarly benefits that can be produced from taking such a perspective. I wholeheartedly recommend it to both specialists and general readers alike."
Jatinder Mann, Hong Kong Baptist University
British Journal of Canadian Studies, vol 31 no 1