The Gray Area with Sean Illing

Why America's obsession with rights is wrong

Sep 2, 2021

In a thought-provoking conversation, Jamal Greene, a Dwight Professor of Law at Columbia, discusses themes from his book How Rights Went Wrong. He critiques America's infatuation with absolute rights, arguing it empowers judges at the expense of common sense solutions. Greene highlights the detrimental effects of this obsession on legal discourse and political polarization, especially regarding contentious issues like abortion. By contrasting U.S. rights frameworks with more nuanced international approaches, he calls for honest dialogue and a reevaluation of how society interprets rights.

58:26

Episode guests

Jamal Greene

Highlights

AI Chapters

Episode notes

The American Approach to Rights Conflicts

00:40

The Virtue of Citizens in "r"epublican Thinking

01:08

Intro

3min

Rights in Context: A Global Perspective

17min

Judicial Honesty and the Politics of Rights

3min

Judiciary, Rights, and Political Dynamics

14min

Comparative Perspectives on Abortion Rights: The U.S., Germany, and Canada

6min

Polarized Perspectives on Abortion and Rights

12min

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.

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)
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)

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This episode was made by:

Producer: Erikk Geannikis
Editor: Amy Drozdowska
VP, Vox Audio: Liz Kelly Nelson

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