The path to power: The evolution of rights discourse in the twentieth century United States

This thesis is an empirical examination of rights discourse in twentieth century United States. This historical study analyzes four law reviews--Harvard, Columbia, Northwestern and University of Virginia, on a rotating yearly basis, from 1900-1994. Rights are operationalized via due process. A thematic content analysis reveals how the nature and tone of our discussions about rights have changed. The data reveal: a shift from negative to positive rights; the perception of rights as having changed from tools of law to tools of justice; the shift from property or market concerns to non-market, personal liberty and privacy, or policy concerns; and, the expression of our concerns about governance phrased in the language of rights. The proliferation of rights talk, and twentieth century transformation of rights is a product of other twentieth century changes in governance, notably centralization and the rise of the administrative state. Rights discourse speaks to the delegation of authority and power. This research explicates the changes in meanings of the term "rights" from which we can infer facets of culture and cultural, societal and institutional change.