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 ⓘ
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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Full triples — surface form annotated when it differs from this entity's canonical label.

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