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Rights in Context: A Global Perspective
This chapter contrasts American and global approaches to rights, highlighting how U.S. courts often frame rights as absolute 'trumps' leading to polarization, while other nations adopt a more nuanced, context-driven perspective. It explores the historical ties between rights and political institutions, emphasizing the complexities of rights claims amidst evolving societal norms. The discussion further examines the intersection of economic rights and judicial interpretations in the U.S. and India, raising concerns about the implications of libertarian thinking on welfare protections.