The Gray Area with Sean Illing Why America's obsession with rights is wrong
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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.
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American vs. Other Countries’ Approach to Rights
- American courts treat rights as absolute and inviolable, leading to polarized, all-or-nothing outcomes.
- Other countries prioritize factual context and consider rights on all sides using proportionality.
Founding Fathers’ View on Rights
- The Founding Fathers viewed rights as communitarian and determined through political institutions, not solely courts.
- This vision, though flawed due to its exclusivity, prioritized community deliberation in shaping rights.
Challenges to the Founders’ Vision
- The Founding Fathers' vision faced challenges due to its limitations regarding inclusion and the growing scale of the US.
- These challenges hindered the practical application of localized, deliberative democracy in a larger, diverse nation.
