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3min chapter
Why America's obsession with rights is wrong
The Gray Area with Sean Illing
The Seeds of a System That Takes Proportionality More Seriously
The seeds of a system that takes proportion ity more seriously, already exist in the american legal system. What we tend to do is try to figure out what category to put a particular kind of rights conflict into. And boxes have firm edges and those edges end up distorting the underlying conflict. Judges should be rights mediators and acknowledge that there are rights and important values and interests on all sides of disputes.
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