Academic literature on the topic 'Jane L. Stewart'

-Hy Van Luong, John R. Rickford, Dimensions of a Creole continuum: history, texts, and linguistic analysis of Guyanese Creole. Palo Alto: Stanford University Press, 1987. xix + 340 pp.-John Stewart, Charles V. Carnegie, Afro-Caribbean villages in historical perspective. Jamaica: African-Caribbean Institute of Jamaica, 1987. x + 133 pp.-David T. Edwards, Jean Besson ,Land and development in the Caribbean. London: Macmillan Caribbean, 1987. xi + 228 pp., Janet Momsen (eds)-David T. Edwards, John Brierley ,Small farming and peasant resources in the Caribbean. Winnipeg, Canada: University of Manitoba, 1988. xvii + 133., Hymie Rubenstein (eds)-Diane J. Austin-Broos, Anthony J. Payne, Politics in Jamaica. London and New York: C. Hurst and Company, St. Martin's Press, 1988. xii + 196 pp.-Carol Yawney, Anita M. Waters, Race, class, and political symbols: rastafari and reggae in Jamaican politics. New Brunswick, New Jersey: Transaction Books, 1985. ix + 343 pp.-Judith Stein, Rupert Lewis ,Garvey: Africa, Europe, the Americas. Jamaica: Institute of Social and Economic Research, 1986. xi + 208 pp., Maureen Warner-Lewis (eds)-Robert L. Harris, Jr., Sterling Stuckey, Slave culture: nationalist theory and the foundations of Black America. New York: Oxford University Press, 1987. vii + 425 pp.-Thomas J. Spinner, Jr, Chaitram Singh, Guyana: politics in a plantation society. New York: Praeger Publishers, 1988. xiv + 156 pp.-T. Fiehrer, Paul Buhle, C.L.R. James: The artist as revolutionary. New York & London: Verso, 1988. 197 pp.-Paul Buhle, Khafra Kambon, For bread, justice and freedom: a political biography of George Weekes. London: New Beacon Books, 1988. xi + 353 pp.-Robin Derby, Richard Turits, Bernardo Vega, Trujillo y Haiti. Vol. 1 (1930-1937). Santo Domingo, Dominican Republic: Fundación Cultural Dominicana, 1988. 464 pp.-James W. Wessman, Jan Knippers Black, The Dominican Republic: politics and development in an unsovereign state. Boston, London and Sidney: Allen & Unwin, 1986. xi + 164 pp.-Gary Brana-Shute, Alma H. Young ,Militarization in the non-Hispanic Caribbean. Boulder, Colorado: Lynne Rienner Publishers, Inc., 1986. ix + 178 pp., Dion E. Phillips (eds)-Genevieve J. Escure, Mark Sebba, The syntax of serial verbs: an investigation into serialisation in Sranan and other languages. Amsterdam and Philadelphia: John Benjamins Publishing Company, Creole Language Library = vol. 2, 1987. xii + 228 pp.-Dennis Conway, Elizabeth McClean Petras, Jamican labor migration: white capital and black labor, 1850-1930. Boulder and London: Westview Press, 1988. x + 297 pp.

Sally Price & Richard Price; Romare Bearden: The Caribbean Dimension (J. Michael Dash)J. Lorand Matory; Black Atlantic Religion: Tradition, Transnationalism, and Matriarchy in the Afro-Brazilian Candomblé (Stephan Palmié)Dianne M. Stewart; Three Eyes for the Journey: African Dimensions of the Jamaican Religious Experience (Betty Wood)Toyin Falola & Matt D. Childs (eds.); The Yoruba Diaspora in the Atlantic World (Kim D. Butler)Silvio Torres-Saillant; An Intellectual History of the Caribbean (Anthony P. Maingot)J.H. Elliott; Empires of the Atlantic World: Britain and Spain in America 1492-1830 (Aaron Spencer Fogleman)Elizabeth Mancke & Carole Shammmmas (eds.); The Creation of the British Atlantic World (Peter A. Coclanis)Adam Hochschild; Bury the Chains: Prophets and Rebels in the Fight to Free an Empire’s Slaves (Cassssandra Pybus)Walter Johnson (ed.); The Chattel Principle: Internal Slave Trades in the Americas (Gregory E. O’Malley)P.C. Emmer; The Dutch Slave Trade, 1500-1850 (Victor Enthoven)Philip Beidler & Gary Taylor (eds.); Writing Race Across the Atlantic World, Medieval to Modern (Eric Kimball)Felix Driver & Luciana Martins (eds.); Tropical Visions in an Age of Empire (Peter Redfield)Elizabeth A. Bohls & Ian Duncan (eds.); Travel Writing, 1700-1830: An Anthology (Carl Thompson)Alison Donnell; Twentieth-Century Caribbean Literature: Critical Moments in Anglophone Literary History (Sue N. Greene)Luís Madureira; Cannibal Modernities: Postcoloniality and the Avant-garde in Caribbean and Brazilian Literature (Lúcia Sá)Zilkia Janer; Puerto Rican Nation-Building Literature: Impossible Romance (Jossianna Arroyo)Sherrie L. Baver & Barbara Deutsch Lynch (eds.); Beyond Sun and Sand: Caribbean Environmentalisms (Rivke Jaffe)Joyce Moore Turner, with the assistance of W. Burghardt Turner; Caribbean Crusaders and the Harlem Renaissance (Gert Oostindie)Lisa D. McGill; Constructing Black Selves: Caribbean American Narratives and the Second Generation (Mary Chamberlain)Mark Q. Sawyer; Racial Politics in Post-Revolutionary Cuba (Alejandra Bronfman)Franklin W. Knight & Teresita Martínez-Vergne (eds.); Contemporary Caribbean Cultures and Societies in a Global Context (R. Charles Price)Luis A. Figueroa; Sugar, Slavery, and Freedom in Nineteenth-Century Puerto Rico (Astrid Cubano Iguina)Rosa E. Carrasquillo; Our Landless Patria: Marginal Citizenship and Race in Caguas, Puerto Rico, 1880-1910 (Ileana M. Rodriguez-Silva) Michael Largey; Vodou Nation: Haitian Art Music and Cultural Nationalism (Julian Gerstin)Donna P. Hope; Inna di Dancehall: Popular Culture and the Politics of Identity in Jamaica (Daniel Neely)Gloria Wekker; The Politics of Passion: Women’s Sexual Culture in the Afro-Surinamese Diaspora (W. van Wetering)Claire Lefebvre; Issues in the Study of Pidgin and Creole Languages (Salikoko S. Mufwene)

Sally Price & Richard Price; Romare Bearden: The Caribbean Dimension (J. Michael Dash)J. Lorand Matory; Black Atlantic Religion: Tradition, Transnationalism, and Matriarchy in the Afro-Brazilian Candomblé (Stephan Palmié)Dianne M. Stewart; Three Eyes for the Journey: African Dimensions of the Jamaican Religious Experience (Betty Wood)Toyin Falola & Matt D. Childs (eds.); The Yoruba Diaspora in the Atlantic World (Kim D. Butler)Silvio Torres-Saillant; An Intellectual History of the Caribbean (Anthony P. Maingot)J.H. Elliott; Empires of the Atlantic World: Britain and Spain in America 1492-1830 (Aaron Spencer Fogleman)Elizabeth Mancke & Carole Shammmmas (eds.); The Creation of the British Atlantic World (Peter A. Coclanis)Adam Hochschild; Bury the Chains: Prophets and Rebels in the Fight to Free an Empire’s Slaves (Cassssandra Pybus)Walter Johnson (ed.); The Chattel Principle: Internal Slave Trades in the Americas (Gregory E. O’Malley)P.C. Emmer; The Dutch Slave Trade, 1500-1850 (Victor Enthoven)Philip Beidler & Gary Taylor (eds.); Writing Race Across the Atlantic World, Medieval to Modern (Eric Kimball)Felix Driver & Luciana Martins (eds.); Tropical Visions in an Age of Empire (Peter Redfield)Elizabeth A. Bohls & Ian Duncan (eds.); Travel Writing, 1700-1830: An Anthology (Carl Thompson)Alison Donnell; Twentieth-Century Caribbean Literature: Critical Moments in Anglophone Literary History (Sue N. Greene)Luís Madureira; Cannibal Modernities: Postcoloniality and the Avant-garde in Caribbean and Brazilian Literature (Lúcia Sá)Zilkia Janer; Puerto Rican Nation-Building Literature: Impossible Romance (Jossianna Arroyo)Sherrie L. Baver & Barbara Deutsch Lynch (eds.); Beyond Sun and Sand: Caribbean Environmentalisms (Rivke Jaffe)Joyce Moore Turner, with the assistance of W. Burghardt Turner; Caribbean Crusaders and the Harlem Renaissance (Gert Oostindie)Lisa D. McGill; Constructing Black Selves: Caribbean American Narratives and the Second Generation (Mary Chamberlain)Mark Q. Sawyer; Racial Politics in Post-Revolutionary Cuba (Alejandra Bronfman)Franklin W. Knight & Teresita Martínez-Vergne (eds.); Contemporary Caribbean Cultures and Societies in a Global Context (R. Charles Price)Luis A. Figueroa; Sugar, Slavery, and Freedom in Nineteenth-Century Puerto Rico (Astrid Cubano Iguina)Rosa E. Carrasquillo; Our Landless Patria: Marginal Citizenship and Race in Caguas, Puerto Rico, 1880-1910 (Ileana M. Rodriguez-Silva) Michael Largey; Vodou Nation: Haitian Art Music and Cultural Nationalism (Julian Gerstin)Donna P. Hope; Inna di Dancehall: Popular Culture and the Politics of Identity in Jamaica (Daniel Neely)Gloria Wekker; The Politics of Passion: Women’s Sexual Culture in the Afro-Surinamese Diaspora (W. van Wetering)Claire Lefebvre; Issues in the Study of Pidgin and Creole Languages (Salikoko S. Mufwene)

-Sidney W. Mintz, Paget Henry ,C.L.R. James' Caribbean. Durham: Duke University Press, 1992. xvi + 287 pp., Paul Buhle (eds)-Allison Blakely, Jan M. van der Linde, Over Noach met zijn zonen: De Cham-ideologie en de leugens tegen Cham tot vandaag. Utrecht: Interuniversitair Instituut voor Missiologie en Oecumenica, 1993. 160 pp.-Helen I. Safa, Edna Acosta-Belén ,Researching women in Latin America and the Caribbean. Boulder CO: Westview, 1993. x + 201 pp., Christine E. Bose (eds)-Helen I. Safa, Janet H. Momsen, Women & change in the Caribbean: A Pan-Caribbean Perspective. Bloomington: Indiana University Press; Kingston: Ian Randle, 1993. x + 308 pp.-Paget Henry, Janet Higbie, Eugenia: The Caribbean's Iron Lady. London: Macmillan, 1993. 298 pp.-Kathleen E. McLuskie, Moira Ferguson, Subject to others: British women writers and Colonial Slavery 1670-1834. New York: Routledge, 1992. xii + 465 pp.-Samuel Martínez, Senaida Jansen ,Género, trabajo y etnia en los bateyes dominicanos. Santo Domingo: Instituto Tecnológico de Santo Domingo, Programa de Estudios se la Mujer, 1991. 195 pp., Cecilia Millán (eds)-Michiel Baud, Roberto Cassá, Movimiento obrero y lucha socialista en la República Dominicana (desde los orígenes hasta 1960). Santo Domingo: Fundación Cultural Dominicana, 1990. 620 pp.-Paul Farmer, Robert Lawless, Haiti's Bad Press. Rochester VT: Schenkman Press, 1992. xxvii + 261 pp.-Bill Maurer, Karen Fog Olwig, Global culture, Island identity: Continuity and change in the Afro-Caribbean Community of Nevis. Chur, Switzerland: Harwood Academic Publishers, 1993. xi + 239 pp.-Viranjini Munasinghe, Kevin A. Yelvington, Trinidad Ethnicity. Knoxville: University of Tennesee Press, 1993. vii + 296 pp.-Kevin K. Birth, Christine Ho, Salt-water Trinnies: Afro-Trinidadian Immigrant Networks and Non-Assimilation in Los Angeles. New York: AMS Press, 1991. xvi + 237 pp.-Steven Gregory, Andrés Isidoro Pérez y Mena, Speaking with the dead: Development of Afro-Latin Religion among Puerto Ricans in the United States. A study into the Interpenetration of civilizations in the New World. New York: AMS Press, 1991. xvi + 273 pp.-Frank Jan van Dijk, Mihlawhdh Faristzaddi, Itations of Jamaica and I Rastafari (The Second Itation, the Revelation). Miami: Judah Anbesa Ihntahnah-shinahl, 1991.-Derwin S. Munroe, Nelson W. Keith ,The Social Origins of Democratic Socialism in Jamaica. Philadelphia: Temple University Press, 1992. xxiv + 320 pp., Novella Z. Keith (eds)-Virginia Heyer Young, Errol Miller, Education for all: Caribbean Perspectives and Imperatives. Washington DC: Inter-American Development Bank, 1992. 267 pp.-Virginia R. Dominguez, Günter Böhm, Los sefardíes en los dominios holandeses de América del Sur y del Caribe, 1630-1750. Frankfurt: Vervuert, 1992. 243 pp.-Virginia R. Dominguez, Robert M. Levine, Tropical diaspora: The Jewish Experience in Cuba. Gainesville: University Press of Florida, 1993. xvii + 398 pp.-Aline Helg, John L. Offner, An unwanted war: The diplomacy of the United States and Spain over Cuba, 1895-1898. Chapel Hill: University of North Carolina Press, 1992. xii + 306 pp.-David J. Carroll, Eliana Cardoso ,Cuba after Communism. Cambridge MA: MIT Press, 1992. xiii + 148 pp., Ann Helwege (eds)-Antoni Kapcia, Ian Isadore Smart, Nicolás Guillén: Popular Poet of the Caribbean. Columbia: University of Missouri Press, 1990. 187 pp.-Sue N. Greene, Moira Ferguson, The Hart Sisters: Early African Caribbean Writers, Evangelicals, and Radicals. Lincoln: University of Nebraska Press, 1993. xi + 214 pp.-Michael Craton, James A. Lewis, The final campaign of the American revolution: Rise and fall of the Spanish Bahamas. Columbia: University of South Carolina Press, 1991. xi + 149 pp.-David Geggus, Clarence J. Munford, The black ordeal of slavery and slave trading in the French West Indies, 1625-1715. Lewiston NY: The Edwin Mellen Press, 1991. 3 vols. xxii + 1054 pp.-Paul E. Sigmund, Timothy P. Wickham-Crowley, Guerillas and Revolution in Latin America: A comparative Study of Insurgents and Regimes since 1956. Princeton: Princeton University Press, 1992. xx + 424 pp.-Robert E. Millette, Patrick A.M. Emmanuel, Elections and Party Systems in the Commonwealth Caribbean, 1944-1991. St. Michael, Barbados: Caribbean Development Research Services, 1992. viii + 111 pp.-Robert E. Millette, Donald C. Peters, The Democratic System in the Eastern Caribbean. Westport CT: Greenwood Press, 1992. xiv + 242 pp.-Pedro A. Cabán, Arnold H. Liebowitz, Defining status: A comprehensive analysis of United States Territorial Relations. Boston & Dordrecht: Martinus Nijhoff, 1989. xxii + 757 pp.-John O. Stewart, Stuart H. Surlin ,Mass media and the Caribbean. New York: Gordon & Breach, 1990. xviii + 471 pp., Walter C. Soderlund (eds)-William J. Meltzer, Antonio V. Menéndez Alarcón, Power and television in Latin America: The Dominican Case. Westport CT: Praeger, 1992. 199 pp.

Abstract Background:The WISDOM Study is a preference-tolerant pragmatic study, comparing annual mammograms to a risk-based screening. Eligibility includes women ages 40-74 years with no history of breast cancer or DCIS. Participants are enrolled to one study arm: annual screening or risk-based screening (includes genetic testing). Pragmatic trials often involve gathering real-time data over multiple time points. Collecting real-time data sequentially can limit enrollment, delay study assignments, and reduce participant engagement. The WISDOM Study has identified such bottlenecks and has implemented parallel workflows, reducing the overall wait time for participants to complete required study steps. These data highlight how moving participants through the study more efficiently can improve enrollment and retention and inform other pragmatic trials. Methods: WISDOM participants have the option to either choose their study arm or be randomized into one as part of the preference tolerant randomized trial design. Participants then complete breast health questionnaires and genetic testing (if in the risk-based arm). This information is analyzed by the WISDOM breast cancer risk assessment algorithm, the result of which is then communicated to the participant through a screening assignment letter (SAL). Specific data elements, such as breast density found participants’ mammogram reports and genetic testing results are required for study randomization process and risk assessment calculations, respectively. The WISDOM randomization algorithm is stratified by several factors, including breast cancer risk estimated using the Breast Cancer Surveillance Consortium (BCSC) model, which uses mammographic density as a key input variable. The study team changed the workflow to allow participants to proceed to randomization without specific information by imputing both density and risk. Additionally, a parallel workflow improvement process was implemented to obtain mammogram reports while genetic testing was being completed. Results: Before the weighted BCSC and imputed density algorithms were introduced, it took an average of 47 days to randomize participants after completion of the baseline enrollment questionnaires. Now, participants are randomized immediately which has reduced delays by 100%. Prior to implementing the parallel workflow for genetic testing and mammogram ascertainment, genetic testing kits were sent only after mammogram reports were collected and validated. The expected turnaround time for genetic testing results was 30-60 days and on average, results were returned to participants in 42 days. Streamlining the study design to obtain mammogram reports while participants complete their genetic testing has shortened the time for participants to receive their screening assignment letters (SALs) from an average of 160 days to 78 days, a reduction by 49%. In comparison, participants in the annual arm of the study who do not complete genetic testing, receive their SALs after an average of 38 days from enrollment. This is due to long wait times to obtain mammographic densities from outside medical facilities. Conclusions: Creating parallel data ascertainment workflows and reducing sequential steps in the study process has increased completion of individual enrollment activities. Participants now are randomized immediately upon joining the study and have access to their SALs and genetic results more rapidly. This approach eliminated randomization wait times and improved efficiency of the early in the enrollment process. We are evaluating the impact on participant retention going forward. Workflow efficiency is critical to improve the patient experience, and our learnings can inform future trial design, particularly for studies requiring data from outside sources. Citation Format: Tomiyuri Lewis, Stephanie Flores, Leah Sabacan, Patricia Choy, Halle Thannickal, Yiwey Shieh, Jeffrey Tice, Elad Ziv, Lisa Madlensky, Martin Eklund, Christina Yau, Amie Blanco, Barry Tong, Deborah Goodman, Nancy Anderson, Heather Harvey, Steele Fors, Hannah L Park, Samrrah Raouf, Skye Stewart, Janet Wernisch, Barbara Koenig, Celia Kaplan, Robert Hiatt, Neil Wenger, Vivian Lee, Diane Heditsian, Susie Brain, Dolores Moorehead, Barbara A Parker, Alexander Borowsky, Hoda Anton-Culver, Arash Naeim, Andrea Kaster, Laura van ‘t Veer, Andrea Z LaCroix, Olufunmilayo I Olopade, Deepa Sheth, Agustin Garcia, Rachel Lancaster, Michael Plaza, Wisdom Study, Athena Breast Health Network Investigators, Advocate Partners, Allison S Fiscalini, Laura Esserman. The WISDOM study: Reducing sequential steps and implementing parallel workflows in pragmatic trials [abstract]. In: Proceedings of the 2021 San Antonio Breast Cancer Symposium; 2021 Dec 7-10; San Antonio, TX. Philadelphia (PA): AACR; Cancer Res 2022;82(4 Suppl):Abstract nr P5-19-04.

06–300Andrew, Michael D. (U New Hampshire, USA), Casey D. Cobb & Peter J. Giampietro, Verbal ability and teacher effectiveness. Journal of Teacher Education (Sage) 56.4 (2005), 343–354.06–301Arnold, Nike (U Tennessee, USA; mnarnold@utk.edu) & Lara Ducate, Future foreign language teachers' social and cgnitive collaboration in an online environment. Language Learning & Technology (http://llt.msu.edu/intro.html) 10.1 (2006), 42–66.06–302Ballet, Katrijn, Geert Kelchtermans (U Leuven, Belgium) & John Loughran, Beyond intensification towards a scholarship of practice: Analysing changes in teachers' work lives. Teachers and Teaching: Theory and Practice (Routledge/Taylor & Francis) 12.2 (2006), 209–229.06–303Borg, Michaela (Northumbria U, UK; mborg13@yahoo.com), A case study of the development in pedagogic thinking of a pre-service teacher. TESL-EJ (www.tesl-ej.org) 9.2 (2005), 30 pp.06–304Burton, Jill (U South Australia; Jill.Burton@unisa.edu.au), The importance of teachers writing on TESOL. TESL-EJ (www.tesl-ej.org) 9.2 (2005), 18 pp.06–305Curtis, Andy (Queen's U, Canada; curtisa@post.queensu.ca) & Margit Szestay, The impact of teacher knowledge seminars: Unpacking reflective practice. TESL-EJ (www.tesl-ej.org) 9.2 (2005), 16 pp.06–306Day, Christopher, Gordan Stobart, Pam Sammons & Alison Kington (U Nottingham, UK), Variations in the work and lives of teachers: Relative and relational effectiveness. Teachers and Teaching: Theory and Practice (Routledge/Taylor & Francis) 12.2 (2006), 169–192.06–307Develotte, Christine (Ecole Normale Supérieure Lettres et Sciences Humaines, Lyon, France; cdevelotte@ens-lsh.fr), Francois Mangenot & Katerina Zourou, Situated creation of multimedia activities for distance learners: Motivational and cultural issues. ReCALL (Cambridge University Press) 17.2 (2005), 229–244.06–308Gebhard, Jerry G. (Indiana U Pennsylvania; jgebhard@iup.edu), Teacher development through exploration: Principles, ways, and examples. TESL-EJ (www.tesl-ej.org) 9.2 (2005), 15 pp.06–309Gordon, June A. (U California-Santa Cruz, USA), The crumbling pedestal: Changing images of Japanese teachers. Journal of Teacher Education (Sage) 56.5 (2005), 459–470.06–310Gorsuch, Greta J. (Texas Technical U, USA; greta.gorsuch@ttu.edu), Discipline-specific practica for international teaching assistants. English for Specific Purposes (Elsevier) 25.1 (2006), 90–108.06–311Hanson, Jane L. 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Introduction“Chav” is a social phenomenon that gained significant popular media coverage and attention in the United Kingdom in the early 2000s. Chavs are often characterised, by others, as young people from a background of low socioeconomic status, usually clothed in branded sportswear. All definitions of Chav position them as culturally anomalous, as Other.This article maps out a multidisciplinary definition of the Chav, synthesised from 21 published academic publications: three recurrent themes in scholarly discussion emerge. First, this research presents whiteness as an assumed and essential facet of Chav identity. When marginalising Chavs because of their “incorrect whiteness”, these works assign them a problematic and complex relationship with ethnicity and race. Second, Chav discourse has previously been discussed as a form of intense class-based abhorrence. Chavs, it would seem, are perceived as anomalous by their own class and those who deem themselves of a higher socioeconomic status. Finally, Chavs’ consumption choices are explored as amplifying such negative constructions of class and white ethnic identities, which are deemed as forming an undesirable aesthetic. This piece is not intended to debate whether or not Chav is a subculture, clubculture or neotribe. Although Greg Martin’s discussion around the similarities between historical subcultures and Chavs remains pertinent and convincing, this article discusses how young people labelled as Chavs are excluded on a variety of fronts. It draws a cross-disciplinary mapping of the Chav, providing the beginnings of a definition of a derogatory label, applied to young people marking them anomalous in British society.What Is a Chav?The word Chav became officially included in the English language in the UK in 2003, when it was inducted into the Oxford English Dictionary (OED). The current OED entry offers many points for further discussion, all centred upon a discriminatory positioning of Chav:chav, n. Etymology: Probably either < Romani čhavo unmarried Romani male, male Romani child (see chavvy n.), or shortened < either chavvy n. or its etymon Angloromani chavvy. Brit. slang (derogatory). In the United Kingdom (originally the south of England): a young person of a type characterized by brash and loutish behaviour and the wearing of designer-style clothes (esp. sportswear); usually with connotations of a low social status.Chav was adopted by British national media as a catch-all term encompassing regional variants. Many discussions have likened Chav to groups such as “Bogans” in Australia and “Trailer Trash” in the US. Websites such as UrbanDictionary and Chavscum have often, informally, defined Chav through a series of derogatory “backcronyms” such as Council Housed And Violent or Council House Associated Vermin, positioning it as a derogatory social label synonymous with notions of perceived criminality, poverty, poor taste, danger, fear, class, and whiteness.Chav came to real prominence in the early 2000s in mainstream British media, gaining visibility through television shows such as Shameless (2004-2013), Little Britain (2003-2006), and The Catherine Tate Show (2004-2009). The term exploded across the tabloid press, as noted by Antoinette Renouf in 2005. Extensive tabloid press coverage drove the phenomenon to front-page coverage in TIME magazine in 2008. Chavs were observed as often wearing Burberry check-patterned clothing. For the first time since its founding in 1856, and due to the extent of Chav’s negative media coverage, Burberry decided to largely remove its trademark check pattern between 2001 and 2014 from sale. Chavs in AcademiaThe rubric of the Chav did not emerge in academia with the same vigour as it did in popular media, failing to gain the visibility of previous youth social formations such as Punks, Mods, et al. Rather, there has been a modest but consistent number of academic publications discussing this subject: 1-3 publications per year, published between 2006-2015. Of the 22 academic texts explicitly addressing and discussing Chavs, none were published prior to 2006. Extensive searches on databases such as EBSCO, JSTOR and ProQuest, yielded no further academic publications on this subject since Joanne Heeney’s 2015 discussion of Chav and its relationship to contested conceptualisations of disability.From a review of the available literature, the following key thematic groupings run through the publications: Chavs’ embodiment of a "wrong" type of white identity; their embodiment of a "wrong" type of working-class identity; and finally, their depiction as flawed consumers. I will now discuss these groupings, and their implications for future research, in order to chart a multidisciplinary conceptualisation of the Chav. Ultimately, my discussion will evidence how "out of place" Chavs appear to be in terms of race and ethnicity, class, and consumption choices. Chavs as “Wrong” WhitesThe dividing practices (Foucault) evident in UK popular media and websites such as Urbandictionary in the early 2000s distinctly separated “hypervisible ‘filthy whites’” (Tyler) from the “respectable whiteness” of the British middle-class. As Imogen Tyler puts it, “the cumulative effect of this disgust is the blocking of the disenfranchised white poor from view; they are rendered invisible and incomprehensible”, a perspective revisited in relation to the "celebrity chav" by Tyler and Joe Bennett. In a wider discussion of ethnicity, segregation and discrimination, Colin Webster discusses Chav and “white trash”, within the context of discourses that criminalise certain forms of whiteness. The conspicuous absence of whiteness in debates regarding fair representation of ethnicity and exclusion is highlighted here, as is the difficulty that social sciences often encounter in conceptualising whiteness in terms exceeding privilege, superiority, power, and normality. Bennett discusses Chavspeak, as a language conceived as enacting combinations of well-known sociolinguistic stereotypes. Chavspeak derives from an amalgamation of Black English vernaculars, potentially identifying its speakers as "race traitors". Bennett's exploration of Chavs as turncoats towards their own whiteness places them in an anomalous position of exclusion, as “Other” white working-class people. A Google image search for Chav conducted on 8th July 2020 yielded, in 198 of the first 200 images, the pictures of white youth. In popular culture, Chavs are invariably white, as seen in shows such as Little Britain, The Catherine Tate Show and, arguably, also in Paul Abbott’s Shameless. There is no question, however, that whiteness is an assumed and essential facet of Chav identity. Explorations of class and consumption may help to clarify this muddy conceptualisation of ethnicity and Chavs. Chavs as “Wrong” Working ClassChav discourse has been discussed as addressing intense class-based abhorrence (Hayward and Yar; Tyler). Indeed, while focussing more upon the nexus between chavs, class, and masculinity, Anoop Nayak’s ethnographic approach identifies a clear distinction between “Charver kids” (a slang term for Chav found in the North-East of England) and “Real Geordies” (Geordie is a regional term identifying inhabitants from that same area, most specifically from Newcastle-upon-Tyne). Nayak identified Chavs as rough, violent and impoverished, against the respectable, skilled and upwardly mobile working-class embodied by the “Real Geordies” (825). Similar distinctions between different types of working classes appear in the work of Sumi Hollingworth and Katya Williams. In a study of white, middle-class students from English urban state comprehensive schools in Riverside and Norton, the authors found that “Chav comes to represent everything about whiteness that the middle-classes are not” (479). Here, Chav is discussed as a label that school-age children reserve for “others”, namely working-class peers who stand out because of their clothing, their behaviour, and their educational aspirations. Alterity is a concept reinforced by Bennett’s discussion of Chavspeak, as he remarks that “Chavs are other people, and Chavspeak is how other people talk” (8). The same position is echoed in Sarah Spencer, Judy Clegg, and Joy Stackhouse’s study of the interplay between language, social class, and education in younger generations. Chavspotting is the focus of Bennett’s exploration of lived class experiences. Here, the evocation of the Chav is seen as a way to reinforce and reproduce dominant rhetoric against the poor. Bennett discusses the ways in which websites such as Chavscum.com used towns, cities and shopping centres as ideal locations to practice Chav-spotting. What is evident, however, is that behind Chavspotting lies the need for recontextualisation of normalising social practices which involve identification of determinate social groups in social spaces. This finding is supported by the interviews conducted by Ken McCullock et al (548) who found the Chav label, along with its regional variant of Charva, to be an extension of these social practices of identification, as it was applied to people of lower socioeconomic status as a marker of difference: “Chav/Charva … it’s what more posh people use to try and describe thugs and that” (McCulloch et al., 552).The semi-structured interview data gathered by Spencer, Clegg, and Stackhouse reveals how the label of Chav trickled down from stereotypes in popular culture to the real-life experiences of school-aged children. Here, Chavs are likened by school children to animals, “the boys are like monkeys, and the girls are like squeaky squirrels who like to slap people if they even look at you” (136) and their language is defined as lacking complexity. It bears relevance that, in these interviews, children in middle-class areas are once again “othering” the Chav, applying the label to children from working-class areas. Heeney’s discussion of the Chav pivots around questions of class and race. This is particularly evident as she addresses the media contention surrounding glamour model Katie Price, and her receipt of disability welfare benefits for her son. Ethnicity and class are key in academic discussion of the Chav, and in this context they prove to be interwoven and inexorably slippery. Just as previous academic discussions surrounding ethnicity challenge assumptions around whiteness, privilege and discrimination, an equally labyrinthine picture is drawn on the relationship between class and the Chavs, and on the practices of exclusion and symbolic to which they are subject. Chavs as “Wrong” ConsumersKeith Hayward and Majid Yar’s much-cited work points to a rethinking of the underclass concept (Murray) through debates of social marginality and consumption practices. Unlike previous socio-cultural formations (subcultures), Chavs should not be viewed as the result of society choosing to “reject or invert mainstream aspirations or desires” but simply as “flawed” consumers (Hayward and Yar, 18). The authors remarked that the negative social construction and vilification of Chav can be attributed to “a set of narrow and seemingly irrational and un-aesthetic consumer choices” (18). Chavs are discussed as lacking in taste and/or educational/intelligence (cultural capital), and not in economic capital (Bourdieu): it is the former and not the latter that makes them the object of ridicule and scorn. Chav consumption choices are often regarded, and reported, as the wrong use of economic capital. Matthew Adams and Jayne Rainsborough also discuss the ways in which cultural sites of representation--newspapers, websites, television--achieve a level of uniformity in their portrayal of Chavs as out of place and continually framed as “wrong consumers", just as Nayak did. In their argument, they also note how Chavs have been intertextually represented as sites of bodily indiscretion in relation to behaviours, lifestyles and consumption choices. It is these flawed consumption choices that Paul Johnson discusses in relation to the complex ways in which the Chav stereotype, and their consumption choices, are both eroticised and subjected to a form of symbolic violence. Within this context, “Council chic” has been marketed and packaged towards gay men through themed club events, merchandise, sex lines and escort services. The signifiers of flawed consumption (branded sportswear, jewellery, etc), upon which much of the Chav-based subjugation is centred thus become a hook to promote and sell sexual services. As such, this process subjects Chavs to a form of symbolic violence, as their worth is fetishised, commodified, and further diminished in gay culture. The importance of consumption choices and, more specifically, of choices which are considered to be "wrong" adds one final piece to this map of the Chav (Mason and Wigley). What was already noted as discrimination towards Chavs centred upon notions of class, socioeconomic status, and, ethnicity, is amplified by emphasis on consumption choices deemed to be aesthetically undesirable. This all comes together through the “Othering” of a pattern of consumerist choices that encompasses branded clothes, sportswear and other garments typically labelled as "chavvy". Chav: Not Always a LabelIn spite of its rare occurrence in academic discourse on Chavs, it is worth noting here that not all scholarly discussions focus on the notion of Chav as assigned identity, as the work of Kehily, Nayak and Young clearly demonstrates.Kehily and Nayak’s performative approach to Chav adopts an urban ethnography approach to remark that, although these socio-economic-racial labels are felt as pejorative, they can be negotiated within immediate contexts to become less discriminatory and gain positive connotations of respectability in given situations. Indeed, such labels can be enacted as a transitional identity to be used and adopted intermittently. Chav remains an applied label, but a flexible label which can be negotiated and adapted. Robert Young challenges many established conceptualisations of Chav culture, paying particular attention to notions of class and self-identification. His study found that approximately 15% of his 3,000 fifteen-year old respondents, all based in the Glasgow area, self-identified as Chav or "Ned" (a Scottish variant of Chav). The cultural criminological approach taken by Young does not clearly specify what options were given to participants when selecting "Neds or popular" as self-identification. Young’s work is of real value in the discussion of Chav, since it constitutes the only example of self-identification as Chav (Ned); future work reasserting these findings is required for the debate to be continued in this direction. Conclusion: Marginalised on All Fronts?Have Chavs been ostracised for being the wrong type of white person? Much has been discussed around the problematic role of ethnicity in Chav culture. Indeed, many scholars have discussed how Chav adopted the language, dress and style of ethnic minority groups. This assimilation of non-white identities leaves the Chav stranded on two fronts: (1) they are marked as Other by predominantly white social groups and vilified as race/ethnicity traitors (Bennett, Chavspeak); (2) they stand apart from ethnic minority identities through a series of exaggerated and denigrated consumption choices – adopting a bricolage identity that defines them against other groups surrounding them. Are Chavs the wrong type of white, working-class consumer? We know from the seminal works of Dick Hebdige and Stuart Hall that subcultural styles can often convey a range of semiotic messages to the outside world. If one were to bear in mind the potentially isolated nature of those considered Chavs, one could see in their dress a consumption of "status" (McCulloch et al., 554). The adoption of a style predominantly consisting of expensive-looking branded clothes, highly-visible jewellery associated with an exaggerated sporting lifestyle, stands as a symbol of disposable income and physical prowess, a way of ‘fronting up’ to labels of poverty, criminality and lack of social and cultural capital.As my charting process comes to a conclusion, with the exclusion of the studies conducted by Young, Kehily and Nayak, Chav is solely discussed as an “Othering” label, vastly different from the self-determined identities of other youth subcultures. As a matter of fact, a number of studies portray the angry reactions to such labelling (Hollingworth and Williams; Bennett; Mason and Wigley). So are Chavs vilified because of their whiteness, their class, or their consumption choices? More likely, they are vilified because of a combination of all of the above. Therefore, we would not be mistaken in identifying Chavs as completely lacking in identity capital. What is apparent from the literature discussed is that the Chav exists in an anomalous “no man's land”. ReferencesAdams, Matthew, and Jayne Raisborough. "The Self-Control Ethos and the Chav: Unpacking Cultural Representations of the White Working Class." Culture & Psychology 17.1 (2011): 81-97.Bennett, Joe. "‘And What Comes Out May Be a Kind of Screeching’: The Stylisation of Chavspeak in Contemporary Britain." Journal of Sociolinguistics 16.1 (2012): 5-27.———. "Chav-Spotting in Britain: The Representation of Social Class as Private Choice." Social Semiotics 23.1 (2013): 146-162.Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. Boston: Harvard UP, 1984.Foucault, Michel. “The Subject and Power." Michel Foucault: Beyond Structuralism and Hermeneutics. Eds. Hubert L. Dreyfus and Paul Rabinow. Brighton: Harvester, 1982. 777-795.Hayward, Keith, and Majid Yar. "The Chavphenomenon: Consumption, Media and the Construction of a New Underclass." Crime, Media, Culture 2.1 (2006): 9-28.Hebdige, Dick. Subculture: The Meaning of Style. London: Methuen, 1979. Heeney, Joanne. "Disability Welfare Reform and the Chav Threat: A Reflection on Social Class and ‘Contested Disabilities’." Disability & Society 30.4 (2015): 650-653.Hollingworth, Sumi, and Katya Williams. "Constructions of the Working-Class ‘Other’ among Urban, White, Middle-Class Youth: ‘Chavs’, Subculture and the Valuing of Education." Journal of Youth Studies 12.5 (2009): 467-482.Johnson, Paul. "’Rude Boys': The Homosexual Eroticization of Class." Sociology 42.1 (2008): 65-82.Kehily, Mary Jane, and Anoop Nayak. "Charver Kids and Pram-Face Girls: Working-Class Youth, Representation and Embodied Performance." Youth Cultures in the Age of Global Media. Eds. Sara Bragg and Mary Jane Kehily. London: Palgrave Macmillan, 2014. 150-165.Maffesoli, Michel. The Time of the Tribes: The Decline of Individualism in Mass Society. London: SAGE, 1995.Martin, Greg. "Subculture, Style, Chavs and Consumer Capitalism: Towards a Critical Cultural Criminology of Youth." Crime, Media, Culture 5.2 (2009): 123-145.Mason, Roger B., and Gemma Wigley. “The Chav Subculture: Branded Clothing as an Extension of the Self.” Journal of Economics and Behavioural Studies 5.3: 173-184.McCulloch, Ken, Alexis Stewart, and Nick Lovegreen. "‘We Just Hang Out Together’: Youth Cultures and Social Class." Journal of Youth Studies 9.5 (2006): 539-556.Murray, Charles. The Emerging British Underclass. London: IEA Health and Welfare Unit, 1990.Nayak, Anoop. "Displaced Masculinities: Chavs, Youth and Class in the Post-Industrial City." Sociology 40.5 (2006): 813-831.Oxford English Dictionary. "Chav." 20 Apr. 2015.Renouf, Antoinette. “Tracing Lexical Productivity and Creativity in the British Media: The Chavs and the Chav-Nots.” Lexical Creativity, Texts and Contexts. Ed. Judith Munat. Philadelphia: John Benjamins Publishing, 2007. 61-93. Spencer, Sarah, Judy Clegg, and Joy Stackhouse. "Language, Social Class and Education: Listening to Adolescents’ Perceptions." Language and Education 27.2 (2013): 129-143.Thornton, Sarah. Club Cultures: Music, Media and Subcultural Capital. Cambridge: Polity, 1995.Tyler, Imogen. “Chav Scum: The Filthy Politics of Social Class in Contemporary Britain”. M/C Journal 9.5 (2006). 7 July 2020 <http://www.journal.media-culture.org.au/0610/09-tyler.php>.Tyler, Imogen, and Bruce Bennett. "‘Celebrity Chav’: Fame, Femininity and Social Class." European Journal of Cultural Studies 13.3 (2010): 375-393.Webster, Colin. "Marginalized White Ethnicity, Race and Crime." Theoretical Criminology 12.3 (2008): 293-312.Young, Robert. "Can Neds (or Chavs) Be Non-Delinquent, Educated or Even Middle Class? Contrasting Empirical Findings with Cultural Stereotypes." Sociology 46.6 (2012): 1140-1160.

Photo by Patrick Tomasso on Unsplash ABSTRACT In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. This paper considers the origins of both legal and philosophical rights, arguing that rights per se do not exist naturally. Even natural rights that are constitutional or statutory came from relationships rather than existing in nature. Once agreed upon, rights develop moral influence. INTRODUCTION l. The Question of Rights The language of rights is omnipresent in current discourse in law, bioethics, and many other disciplines. Rights dialogue is frequently contentious – some thinkers take issue with various uses of rights in the modern dialogue. For example, some criticize “rights talk,” which heightens social conflict when used as a “trump” against disfavored arguments.[1] Others are displeased by what is termed “rights inflation,” where too many novel rights are developed, such that the rights these scholars view as “more important” become devalued.[2] Some solutions have been proposed: one recommendation is that rights should be restricted to extremely important or essential ones. Some Supreme Court justices make arguments for applying original meanings in legal cases.[3] Conflict over the quantity and status of rights has long been a subject of debate in law and philosophy. Even Jefferson had to balance his own strict reading of the Constitution with tendencies to exceed the plain text of the document.[4] This thread of discourse has grown in political prominence over the years, with more Supreme Court cases that suggest newly developed (or, perhaps, newly recognized) rights. The theoretical conflict between textualists and those looking to intent or context could lead to repealing rights to abortion, sterilization, or marital privacy and deeply impacts our daily lives. Bioethics is ubiquitous, and rights discourse is fundamental. This paper analyzes the assumptions that underlie the existence of rights. The law is steeped in philosophy, though philosophical theories have an often-unacknowledged role. This is especially true in cases that navigate difficult bioethical issues. As a result of this interleaving, the ontological status of rights is necessary to resolve some of the theoretical tensions. Many philosophers have either argued for or implicitly included human rights in their theories of morality and legality. However, there is no universally accepted definition of rights; various philosophers have their own approaches. For example: Louden comments, “Rights are permissions rather than requirements. Rights tell us what the bearer is at liberty to do”; Martin thinks that a right is “an established way of acting”; Hohfeld concludes that all rights are claims.[5] Similarly, there is dissent about the qualities of rights: The Declaration of Independence characterizes rights as unalienable, but not all thinkers agree. Nickel comments, “Inalienability does not mean that rights are absolute or can never be overridden by other considerations. . . Perhaps it is sufficient to say that [human] rights are very hard to lose.”[6] This discord necessitates additional analysis. “Many people tend to take the validity of. . . rights for granted. . . However, moral philosophers do not enjoy such license for epistemological complacency.”[7] Because of the fundamental impact that political and moral philosophy enacted as the law have, this paper considers the origins of both legal and philosophical rights, arguing that rights per se do not exist naturally. Even natural rights that are constitutional or statutory came from relationships rather than existing in nature. Once agreed upon, rights take on moral force. ll. Legal Rights: From Case to Constitution Bioethics and law sometimes address rights differently. Three Supreme Court cases marked the development of privacy rights in the United States: Griswold v. Connecticut (1965), Roe v. Wade (1973) and Cruzan v. Director, Missouri Department of Health (1990). These cases shape the normative dialogue and consider complex moral quandaries. Griswold v. Connecticut concerned providing contraception to married couples in contravention of state law. Justice Douglas writes for the majority that, based in “a right of privacy older than the Bill of Rights,” legally protected zones of privacy extend from the text of the Constitution. “Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.”[8] Writing in dissent, Justice Black argues that there is not a broad right to privacy included in the provisions of the Constitution, and expresses concern over “dilut[ion] or expans[ion]” of enumerated rights by terms such as privacy, which he characterizes as abstract and ambiguous – and subject to liberal reinterpretation.[9] He concludes that the government does have the right to invade privacy “unless prohibited by some specific constitutional provision.”[10] Also dissenting, Justice Stewart finetunes the argument: rather than look to community values beyond the Constitution, the Court ought to rely solely on text of the document, in which he “can find no such general right of privacy in the Bill of Rights, in any other part of the Constitution, or in any case ever decided by this court.”[11] Thus, Griswold v. Connecticut is an example of the tensions within the Supreme Court over strict textualism or broader interpretations of the Constitution that look to intent and purpose. Roe v. Wade held that there is a right to privacy found through the Due Process Clause of the Fourteenth Amendment that includes the right to make medical decisions including abortion. While the conclusion – that there is a Constitutionally protected right to abortion, with certain limits seems to expand the Griswold doctrine of privacy rights, dissent to the ruling stems from much the same concern as before. Justice Rehnquist writes: A transaction resulting in an operation such as this is not "private" in the ordinary usage of that word. Nor is the "privacy" that the Court finds here even a distant relative of the freedom from searches and seizures protected by the Fourth Amendment to the Constitution, which the Court has referred to as embodying a right to privacy.[12] However, he then departs from the stricter approach of Justices Black and Stewart: I agree… that the "liberty," against deprivation of which without due process the Fourteenth Amendment protects, embraces more than the rights found in the Bill of Rights. But that liberty is not guaranteed absolutely against deprivation, only against deprivation without due process of law.[13] This is a tempering of the stricter constructionism found earlier, where more latitude is allowed for the interpretation of the text of the Constitution, even though there are clearly limits on how far the words may be stretched, with the genesis of a new right. Later, in Planned Parenthood of Southwestern Pennsylvania v. Casey, the Court further refined Roe v. Wade implementing an “undue burden” test.[14] In Cruzan v. Director, Missouri Department of Health, the Court held that there is a general liberty interest in the refusal of medical treatment. The case continues the tradition of Griswold and Roe v. Wade ensuring a liberty that is beyond the text, but also allows states to impose a strict evidentiary burden to shape how the right is exercised. The Court affirmed the lower court’s decision that “because there was no clear and convincing evidence of Nancy [Cruzan’s] desire to have life-sustaining treatment withdrawn. . . her parents lacked authority to effectuate such a request.”[15] The Supreme Court found that the clear and convincing evidentiary burden applied by the Missouri Supreme Court was consistent with the Due Process clause. Justice Scalia notes that even though he agrees with the Court’s decision, he finds this judgment unnecessary or, perhaps counterproductive, because the philosophical underpinnings of the case “are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory” and should be left to the states to legislate as they see fit.[16] He goes on to further argue that the Due Process clause “does not protect individuals against deprivations of liberty simpliciter”; rather, it protects them from infringements of liberty that are not accompanied by due process.[17] Justice Scalia’s textualist position likely influenced his remarks.[18] Comparing these cases, I argue there is a distinct effort to make the Constitution amenable to contemporary mores and able to address present issues that is moderated by justices who adhere to the text. The legal evolution of rights that are beyond the text of the Constitution may reflect social norms as well as the framers’ intent. Rights are protected by the Constitution, but the Constitution is mutable, through both case law and legislation. Prior to the adoption of the Constitution, the Declaration of Independence declared: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.[19] The Declaration of Independence gives insight into rights prior to the Constitution by referring to a priori rights extended by a creator, sheltered and supported by the state.[20] For earlier evidence of rights, Supreme Court cases often reference English common law doctrines. The common law was informed by preexisting principles and drew on a historical body of thought: philosophy. Exploring philosophy can give insight about the evolution of law. lll. Philosophical Rights: Issues of Ontology A moral right, the precursor to many legal rights, in some ways is a claim that bears moral weight. One relevant distinction is between positive and negative rights: a positive right is a claim on another to do something for the right holder; a negative right is a claim on others to leave the rights holder alone. Some rights are per se (that is, rights that have a de novo ontological origin) and some are constructed (rights that are secondary to some other theoretical apparatus). We must appeal to the state of nature to understand the origin of rights. If rights exist in the state of nature, they are de novo; if not, they are constructed. The state of nature is the theoretical realm where there are no social conventions or no normative rules. The theoretical state of nature is stateless. Hobbes writes about the state of nature. He constructs the person within as incorporating two normative qualities: the law of nature, “whereby individuals are forbidden to do anything destructive of their lives or to omit the means of self-preservation,” and the right of nature, where the person has the “right to all things” – those things required for self-preservation.[21] Similarly, more contemporary philosophers have also inferred that the right to freedom is a natural right.[22] I argue that nature allows every person the freedom to all things, or a natural right against limitation on freedom. Every person has the capacity to do whatever they want, in accordance with their reason; liberty, rather than being a normative claim, is a component of the essence of beings. Yet both nature and other people pose some limitations. Early modern contractarians’ status theories maintain that human attributes engender rights. [23] A specific formulation of human status ethics can be found in Kantian deontology. From the autonomous and rational will, Kant evolves his Categorical Imperative: “Act only according to that maxim whereby you can at the same time will that it should become a universal law.”[24] Without (or before) law, philosophers suggested behaviors should reflect moral rights. Like Rawls, I maintain that the state of nature includes both a scarcity of resources and individuals with whom we may develop conflicts of interest.[25] Individually, we are vulnerable to others, and because of that natural vulnerability, we have an inclination toward self-interest.[26] Therefore, we eventually find the state of nature unsatisfactory and move to create a civil society. Then the subsequent pathway to creating “rights” is well known. People agree on them and act accordingly. Then, they are enshrined in the law.[27] I attribute the impetus to move from the state of nature toward government to interpersonal interaction that creates a form of the social contract. Rawls qualitatively describes this when he notes the “identity of interests” that powers interpersonal cooperation.[28] To me, the development of positive social relations has three components. The first is the human capacity for empathy. Empathy is commonly accepted by psychologists as universal.[29] Kittay deepens the concept of human empathy, arguing that there is a “register of inevitable human dependency” – a natural sense of care found in the human experience of suffering and decay and death to which we all eventually succumb, necessitating a recognition of interdependence and cooperation.[30] The second is the importance of identity in generating social cooperation.[31] There is a sense of familial resemblance that resonates when we see others in our lives, forming the base of the identification that allows us to create bonds of mutual assent. A microsociety develops when people are exposed to each other and acts as a miniaturized state, governed by what is at first an implicit social contract. An internal order is generated and can be codified. The third component of social relations is the extension of the otherness-yet-sameness beyond human adults. Mirroring connects the fully abled adult man and the woman, as well as the child, the physically and mentally disabled, and could extend to animals as well.[32] Therefore, to me, it seems that rights do not exist per se in the state of nature, but because of our human capacities, relationships yield a social contract. This contract governs interpersonal relations with normative power: rights are constructed. Once constructed based on people in micro-society and then larger groups, rights were codified. Negative rights like those found in the U.S. Constitution allow people in liberal society to codify nearly universal ground rules in certain arenas while respecting minority views and differing priorities. However, the social contract is not absolute: it may be broken by any party with the power to enforce their will upon the other and it will evolve to reflect changing standards. So, there is a subtle distinction to be made: in unequal contractual social relations, there are not constructed rights but rather privileges. In a social relationship that aims at equal status among members, these privileges are normative claims – rights that are not inherent or a priori but mandated to be equally applied by society’s governing body. In this way, I differ from Rawls. To me, justice is a fundamental moral principle only for societies that aim at cooperation, where advancing the interests of all is valued.[33] CONCLUSION From Liberty to Law Social contractualism purports to provide moral rules for its followers even when other ethical systems flounder in the state of nature. Relationships consider the needs and wants of others. Rights exist, with the stipulation that they are constructed under social contracts that aim for equality of application. I also suggest that contractualist approaches may even expand the parties who may be allowed rights, something that has significant bearing on the law and practical bioethics. The strict/loose constructionism debate that has played out in the Supreme Court’s decisions focuses on whether rights are enumerated or implied. Theoretical or implicit contracts may be change quickly, based on the power dynamics in a social relationship. Theoretical bounds of the social contract (possibly including animals, nonhumans, etc.) may be constricted by an official contract, so these concerns would need to be adjudicated in the context of the Constitution. In certain cases, strict interpretation reflects the rights determined by the social compact and limits new positive rights; in others, a broad interpretation keeps government out of certain decisions, expanding negative rights to reflect changing social norms. The negative rights afforded in the Constitution provide a framework meant to allow expansive individual choices and freedom. The underlying social compact has more to do with the norms behind societal structure than forcing a set of agreed upon social norms at the level of individual behavior. The Constitution’s text can be unclear, arbitrary, or open to multiple meanings. The literary theorist may be willing to accept contradiction or multiple meanings, but the legal scholar may not. The issue of whether the social compact is set or evolving affects constitutional interpretation. The law is itself may be stuck in a state of indeterminacy: the law, in the eyes of the framers, was centered on a discourse steeped in natural, human rights, attributed to a creator. Today, there is an impulse toward inherent human dignity to support rights. The strict/loose constructionism debate concerns interpretation.[34] In conclusion, rights have no ontological status per se, but are derived from a complex framework that springs from our relationships and dictates the appropriateness of our actions. While the Constitution establishes the negative rights reflecting a social compact, interpretations recognize the limitations on rights that are also rooted in societal relationships. The author would like to thank Stephen G. Post, PhD, and Caitlyn Tabor, JD, for providing feedback on early drafts of this paper. [1] Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (New York: Random House, 2001), 14. [2] James Griffin, On Human Rights (Oxford: Oxford University, 2008). [3] Maurice Cranston, What Are Human Rights? (London: Bodley Head, 1973). [4] Barry Balleck, “When The Ends Justify the Means: Thomas Jefferson and the Louisiana Purchase,” Presidential Studies Quarterly 22, no. 4 (1992): 679-680. [5] Robert Louden, “Rights Infatuation and the Impoverishment of Moral Theory,” Journal of Value Inquiry 17 (1983): 95; Rex Martin, A System of Rights (Oxford: Oxford University, 1993), 1; Wesley Hohfeld, Fundamental Legal Conceptions (New Haven: Yale University, 1919), 36. [6] James Nickel, "Human Rights", The Stanford Encyclopedia of Philosophy (Summer 2019 Edition), ed. Edward N. Zalta, accessed 27 April 2021, https://plato.stanford.edu/archives/sum2019/entries/rights-human/. [7] Andrew Fagan, “Human Rights,” Internet Encyclopedia of Philosophy, ed. James Fieser and Bradley Dowden, accessed 27 April 2021, https://iep.utm.edu/hum-rts/. [8] Griswold v. Connecticut 381 U.S. 479 (1965), para. 18, https://www.law.cornell.edu/supremecourt/text/381/479. [9] Griswold v. Connecticut 381 U.S. 479 (1965), para. 69 https://www.law.cornell.edu/supremecourt/text/381/479. [10] Griswold v. Connecticut 381 U.S. 479 (1965), para. 69 https://www.law.cornell.edu/supremecourt/text/381/479. [11] Griswold v. Connecticut 381 U.S. 479 (1965), para. 92 https://www.law.cornell.edu/supremecourt/text/381/479. [12] Roe v. Wade 410 U.S. 113 (1973), 172, https://www.law.cornell.edu/supremecourt/text/410/113%26amp. [13] Roe v. Wade 410 U.S. 113 (1973), 172-173, https://www.law.cornell.edu/supremecourt/text/410/113%26amp. [14] Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), https://supreme.justia.com/cases/federal/us/505/833/#:~:text=Casey%2C%20505%20U.S.%20833%20(1992)&text=A%20person%20retains%20the%20right,the%20mother%20is%20at%20risk. [15] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [16] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [17] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [18] It is worth noting that some of the Supreme Court’s conservatives – like Scalia, Thomas, Roberts – have expressed explicit disdain for the right to privacy introduced in Griswold. Jamal Greene, “The So-Called Right to Privacy,” UC Davis Law Review 43 (2010): 715-747, https://scholarship.law.columbia.edu/faculty_scholarship/622. [19] National Archives. “Declaration of Independence: A Transcription.” July 4, 1776; reviewed July 24, 2020, https://www.archives.gov/founding-docs/declaration-transcript. [20] However, the reference to a creator has come to mean a natural right and a priori best describes it rather than a religious underpinning. To borrow from Husserl, this approach will be bracketed out. [21] DJC Carmichael, “Hobbes on Natural Right in Society: The ‘Leviathan’ Account,” Canadian Journal of Political Science 23, no. 1 (1990): 4-5. [22] HLA Hart, “Are There Any Natural Rights?” The Philosophical Review 64, no. 2 (1955): 175. [23] Warren Quinn, Morality and Action (Cambridge: Cambridge UP, 1993), 170. [24] Immanuel Kant, Groundwork of the Metaphysic of Morals, trans. James Ellington, 3rd ed. (Indianapolis: Hackett, 1993), 30. [25] John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 109. [26] JS Mill, Remarks on Bentham’s Philosophy, in Collected Works of John Stuart Mill, Vol. X, ed. JM Robson (Toronto: U of Toronto Press, 1985), 13-14. [27] Rex Martin, A System of Rights (Oxford: Oxford University, 1993), 1; Kenneth Baynes, “Kant on Property Rights and the Social Contract,” The Monist 72, no. 3 (1989): 433-453. [28] John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 109. [29] Frederik von Harbou, “A Remedy Called Empathy: The Neglected Element of Human Rights Theory,” Archives for Philosophy of Law and Social Philosophy 99, no. 2 (2013): 141. [30] Eva Feder Kittay. Learning from My Daughter: The Value and Care of Disabled Minds (Oxford: Oxford UP, 2019), 145-146. [31] Jane Gallop, “Lacan’s ‘Mirror Stage’: Where to Begin,” SubStance 11, no. 4 (1983): 121; Lacan, Jacques. The Seminar of Jacques Lacan: Book X: Anxiety: 1962-1963, trans. Cormac Gallagher, 26-27, https://www.valas.fr/IMG/pdf/THE-SEMINAR-OF-JACQUES-LACAN-X_l_angoisse.pdf. (In Lacanian psychoanalytic theory, human development necessitates both recognition of the Self and the separation of the Self from the Other.) [32] Lacan, Jacques. The Seminar of Jacques Lacan: Book X: Anxiety: 1962-1963, trans. Cormac Gallagher, 27-28, https://www.valas.fr/IMG/pdf/THE-SEMINAR-OF-JACQUES-LACAN-X_l_angoisse.pdf. [33] There is an interesting discussion to be had about whether social contract theory allows for this gradation in quality of contracts, or whether the two are fundamentally different phenomena. I cannot answer this question here; John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 102-103. [34] Ruthellen Josselson, “The Hermeneutics of Faith and the Hermeneutics of Suspicion,” Narrative Inquiry 14, no. 1 (2004): 2-4.