A distinguished constitutional scholar exposes how the surge of rights is dividing America, and demonstrates how we can develop a much better system of justice. You can stay quiet and the right to complimentary speech.
The right to praise, and to question. The right to be devoid of discrimination, and to dislike. The right to wed and to divorce; to have kids and to end a pregnancy. The right to life, and the right to own a weapon.
Rights are a spiritual part of American identity. They were an afterthought for the Framers, and early American courts hardly ever implemented them. Just as an outcome of the racial strife that took off throughout the Civil War– and a series of resulting mistakes by the Supreme Court– did rights get such outsized power.
The outcome is a system of legal absolutism that misshapes our law and debases our politics. Over and once again, courts have actually dealt with rights disputes as zero-sum video games in which awarding rights to one side indicates rejecting rights to others.
As distinguished legal scholar Jamal Greene displays in How Rights Failed, we require to recouple rights with justice– prior to they tear society apart.
http://criminaljusticecourses.net/how-rights-failed-why-our-fascination-with-rights-is-tearing-america-apart/
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