How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart

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"How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart" is a book by legal scholar Jamal Greene that critiques the American legal system’s absolutist approach to rights and argues for a more balanced, context-sensitive way of resolving rights conflicts.

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Predicate Object
instanceOf book
addresses equality and discrimination disputes
free speech conflicts
judicial review in the United States
religious liberty conflicts
arguesAgainst view of rights as absolute trumps
zero-sum framing of rights conflicts
arguesFor a comparative perspective that learns from other constitutional systems
context-sensitive adjudication of rights claims
incremental and negotiated solutions to rights disputes
author Jamal Greene
countryOfPublication United States of America
surface form: United States
criticizes absolutist approach to constitutional rights in U.S. law
rights discourse that frames disputes as winners versus losers
strong judicial preference for categorical rules over balancing tests
genre legal scholarship
nonfiction
political theory
hasForm audiobook
e-book
printed book
influencedBy comparative constitutional law
proportionality analysis used in foreign constitutional courts
language English
mainSubject American legal system
civil rights
conflicts of rights
constitutional interpretation
constitutional law
judicial decision-making
rights discourse in the United States
notableFor critique of American rights exceptionalism
proposal to reframe rights as tools for compromise rather than weapons of conflict
proposes a more pluralistic understanding of rights in American constitutional law
a proportionality-style balancing of rights and interests
greater judicial attention to context in rights cases
targetAudience general readers interested in constitutional issues
law students
legal scholars
policy makers
thesis Absolutist rights adjudication contributes to political and social polarization in the United States.
Courts should adopt a more balanced, context-sensitive approach to resolving rights conflicts.
Rights should be understood as interests to be balanced rather than trumps that automatically defeat competing claims.
The American legal system treats rights in an overly absolutist, all-or-nothing way.
workOf Jamal Greene

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Jamal Greene notableWork How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart