The Gray Area with Sean Illing Best of: Why America's obsession with rights is wrong
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Oct 6, 2022 Jamal Greene, Dwight Professor of Law at Columbia Law School and author of 'How Rights Went Wrong,' dives into America's complicated relationship with rights. He argues that the intense focus on absolute rights often empowers judges at the expense of ordinary citizens, hindering sensible legal solutions. Greene contrasts U.S. rights with systems in Canada and Germany, highlighting the polarization in American courts. He also explores the complexities of abortion rights, advocating for more nuanced discussions that could bridge societal divides.
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American vs. Other Countries' Approach to Rights
- American courts treat rights as absolute and inviolable, leading to polarized legal battles.
- Other countries focus on balancing competing rights and interests through proportionality.
Founding Fathers' View on Rights
- The Founding Fathers viewed rights as communitarian and realized through political institutions, not solely courts.
- They believed political societies, legislatures, juries, and churches played key roles in defining rights.
Shift in US Approach to Rights
- The rise of industrialization and racial discrimination shifted the US approach to rights.
- Courts became more involved in protecting certain rights, leading to a two-track system (economic vs. racial).
