The Gray Area with Sean Illing

Best of: Why America's obsession with rights is wrong

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.

59:40

Episode guests

Jamal Greene

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Episode notes

Intro

4min

Contrasting Rights: U.S. vs. Global Perspectives

17min

Economic Liberties and Judicial Transparency

6min

Judicial Discretion and Constitutional Rights

15min

Exploring Abortion Rights: A Global Perspective

5min

Navigating the Abortion Rights Divide

13min

In this episode originally recorded in July 2021, Vox's Zack Beauchamp talks with Columbia law professor Jamal Greene about his book How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart. They discuss how the US obsession with rights and their protections gives too much power to judges and the courts, makes it difficult for ordinary citizens to find reasonable solutions to legitimate problems, and has made this country's legal system not only nonsensical but dangerous.

Vox Conversations will return on Thursday, Oct. 13th — but under a new name, and with a new look. Stay tuned for The Gray Area with Sean Illing: a philosophical take on culture, politics, and everything in between.

Host: Zack Beauchamp (@zackbeauchamp), Senior Correspondent, Vox

Guest: Jamal Greene (@jamalgreene), Dwight Professor of Law, Columbia Law School

References:

How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart by Jamal Greene (HMH Books; 2021)
"From Guns to Gay Marriage, How Did Rights Take Over Politics?" by Kelefa Sanneh (New Yorker; May 24, 2021)
Lochner v. New York, 198 US 45 (1905)
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 US __ (2018)
District of Columbia v. Heller, 554 US 570 (2008)
"Texas's radical anti-abortion law, explained" by Ian Millhiser (Vox; Sept. 2, 2021)

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This episode was made by:

Producer: Erikk Geannikis
Editor: Amy Drozdowska
Engineer: Patrick Boyd
Deputy Editorial Director, Vox Talk: A.M. Hall

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