The Myth Of Rights

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The Myth of Rights

Author : Ashutosh Bhagwat
Publisher : Oxford University Press
ISBN 13 : 0199703426
Total Pages : 311 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Myth of Rights by : Ashutosh Bhagwat

Download or read book The Myth of Rights written by Ashutosh Bhagwat and published by Oxford University Press. This book was released on 2010-03-10 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed. Professor Bhagwat brings clarity to many difficult controversies with a structural approach towards constitutional rights. Issues discussed include flag-burning, the ongoing debates over affirmative action and same-sex marriage, and the great battles over executive power fought during the second Bush Administration. The Myth of Rights addresses the constitutional issues posed in these and many other areas of law and public policy, and explains why a structural approach to constitutional rights illuminates these disputes in ways that an autonomy-based approach cannot. Readers will understand that while constitutional rights play a critical role in our legal and political system, it is a very different role from what is commonly assumed.

The Myth of American Religious Freedom

Author : David Sehat
Publisher : Oxford University Press
ISBN 13 : 0199793115
Total Pages : 368 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Myth of American Religious Freedom by : David Sehat

Download or read book The Myth of American Religious Freedom written by David Sehat and published by Oxford University Press. This book was released on 2011-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

Refugees and the Myth of Human Rights

Author : Emma Larking
Publisher : Routledge
ISBN 13 : 1317069285
Total Pages : 208 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Refugees and the Myth of Human Rights by : Emma Larking

Download or read book Refugees and the Myth of Human Rights written by Emma Larking and published by Routledge. This book was released on 2016-04-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.

The Myth of Rights

Author : Howard Bell
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781548549442
Total Pages : 302 pages
Book Rating : 4.5/5 (494 download)

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Book Synopsis The Myth of Rights by : Howard Bell

Download or read book The Myth of Rights written by Howard Bell and published by Createspace Independent Publishing Platform. This book was released on 2017-05-08 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed.

Myth of Universal Human Rights

Author : David N. Stamos
Publisher : Routledge
ISBN 13 : 131725578X
Total Pages : 306 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Myth of Universal Human Rights by : David N. Stamos

Download or read book Myth of Universal Human Rights written by David N. Stamos and published by Routledge. This book was released on 2015-11-17 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking and provocative new book, philosopher of science David N. Stamos challenges the current conceptions of human rights, and argues that the existence of universal human rights is a modern myth. Using an evolutionary analysis to support his claims, Stamos traces the origin of the myth from the English Levellers of 1640s London to our modern day. Theoretical defenses of the belief in human rights are critically examined, including defenses of nonconsensus concepts. In the final chapter Stamos develops a method of naturalized normative ethics, which he then applies to topics routinely dealt with in terms of human rights. In all of this Stamos hopes to show that there is a better way of dealing with matters of ethics and justice, a way that involves applying the whole of our evolved moral being, rather than only parts of it, and that is fiction-free.

The Myth of Digital Democracy

Author : Matthew Hindman
Publisher : Princeton University Press
ISBN 13 : 0691138680
Total Pages : 199 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Myth of Digital Democracy by : Matthew Hindman

Download or read book The Myth of Digital Democracy written by Matthew Hindman and published by Princeton University Press. This book was released on 2009 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matthew Hindman reveals here that, contrary to popular belief, the Internet has done little to broaden political discourse in the United States, but rather that it empowers a small set of elites - some new, but most familiar.

The Myth of International Protection

Author : Claudia Seymour
Publisher : University of California Press
ISBN 13 : 0520299833
Total Pages : 192 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis The Myth of International Protection by : Claudia Seymour

Download or read book The Myth of International Protection written by Claudia Seymour and published by University of California Press. This book was released on 2019-03-26 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this viscerally intense, ethnographically-based work, Claudia Seymour, a former child protection advisor and human rights investigator for the United Nations, chronicles the heart-wrenching stories of young people in the Democratic Republic of Congo—young people who live on the front lines of conflict, in neighborhoods and villages destroyed by war, and on the streets in conditions of poverty and destitution. Seymour shares her personal journey, one that begins with the will to do good yet ends with the realization of how international aid can contribute to greater harm than good. The idea of protection and universalized human rights is turned on its head as Seymour uncovers the complicities and hypocrisies of the aid world—that in its promotion of “inalienable human rights”, the complex historical and socio-economic dynamics that lead to the violations of such rights are ignored. The Myth of International Protection offers a new perspective to reframe how the world sees the DRC, and urges global audiences to consider their own roles in fueling the DRC’s seemingly endless violence.

The Politics of Myth

Author : Robert Ellwood
Publisher : State University of New York Press
ISBN 13 : 1438402023
Total Pages : 232 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis The Politics of Myth by : Robert Ellwood

Download or read book The Politics of Myth written by Robert Ellwood and published by State University of New York Press. This book was released on 1999-08-26 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Myth examines the political views implicit in the mythological theories of three of the most widely read popularizers of myth in the twentieth century, C. G. Jung, Mircea Eliade, and Joseph Campbell. All three had intellectual roots in the anti-modern pessimism and romanticism that also helped give rise to European fascism, and all three have been accused of fascist and anti-Semitic sentiments. At the same time, they themselves tended toward individualistic views of the power of myth, believing that the world of ancient myth contained resources that could be of immense help to people baffled by the ambiguities and superficiality of modern life. Robert Ellwood details the life and thought of each mythologist and the intellectual and spiritual worlds within which they worked. He reviews the damaging charges that have been made about their politics, taking them seriously while endeavoring to put them in the context of the individual's entire career and lifetime contribution. Above all, he seeks to extract from their published work the view of the political world that seems most congruent with it.

Rights at Work

Author : Michael W. McCann
Publisher : University of Chicago Press
ISBN 13 : 9780226555713
Total Pages : 704 pages
Book Rating : 4.5/5 (557 download)

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Book Synopsis Rights at Work by : Michael W. McCann

Download or read book Rights at Work written by Michael W. McCann and published by University of Chicago Press. This book was released on 1994-07-15 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades. Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse--the understanding of legal rights and their constraints--for defining and advancing their cause.

The Myth of the Litigious Society

Author : David M. Engel
Publisher : University of Chicago Press
ISBN 13 : 022630504X
Total Pages : 241 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis The Myth of the Litigious Society by : David M. Engel

Download or read book The Myth of the Litigious Society written by David M. Engel and published by University of Chicago Press. This book was released on 2016-09-16 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the United States is often called the Land of the Law Suit, in reality Americans hardly sue at all. In fact, when it comes to physical injuries, over 90% of the time, we--as David M. Engel points out in his engaging and provocative book--simply lump it, making no claims against either the injurers or their insurance companies. Bringing to bear an impressive array of research and data, Engel firmly and persuasively demolishes the pervasive myth of the litigious American. But why don t most people sue whey they have been wrongfully physically injured? We have in fact a mystery, what Engel calls The Case of the Missing Plaintiff. The solution his investigation leads us to is as fascinating as it is unexpected. Engel reconstructs how people who suffer injuries actually react to them. When real people experience physical injuries, their lives, thoughts, and emotions are profoundly disrupted and compromised. They often have difficulty thinking clearly and acting decisively. Human nature, our immediate friends and families, and broader social and cultural factors all tend again injury victims making claims. And as often as one might have heard of victim-blaming, self-blame is one of the most common reactions of victims to their injuries. Ultimately Engel shows that the proliferation of law and regulations in our society is not the problem. The real problem is the law s failure to protect those who suffer wrongful injuries. Tort law is usually said to serve three purposes that even those who want to curtail law suits would agree on: to compensate losses suffered by injury victims, to deter unnecessarily risky and harmful behavior, and to correct the moral injustice that results when one person or group injures another. Engel s book clearly and powerfully shows that none of these purposes is being met and concludes his investigation with recommendations for how they might be."

The Myth of Rights

Author : Ashutosh Bhagwat
Publisher :
ISBN 13 : 0195377788
Total Pages : 311 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Myth of Rights by : Ashutosh Bhagwat

Download or read book The Myth of Rights written by Ashutosh Bhagwat and published by . This book was released on 2010-04-08 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases, i.e. that rights protect autonomy. That understanding, however, is wrong and is, indeed, 'The Myth of Rights'. This book addresses the constitutional issues posed in these and many other areas of law and public policy.

Tear Down This Myth

Author : Will Bunch
Publisher : Simon and Schuster
ISBN 13 : 1416597638
Total Pages : 304 pages
Book Rating : 4.4/5 (165 download)

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Book Synopsis Tear Down This Myth by : Will Bunch

Download or read book Tear Down This Myth written by Will Bunch and published by Simon and Schuster. This book was released on 2010-02-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges popular conceptions about the 40th president's administration and legacy, arguing that subsequent presidents and conservative policymakers have exploited the country's misunderstandings of Reagan's achievements to promote risky agendas. Reprint.

The Myth of Choice

Author : Kent Greenfield
Publisher : Yale University Press
ISBN 13 : 0300178875
Total Pages : 316 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Myth of Choice by : Kent Greenfield

Download or read book The Myth of Choice written by Kent Greenfield and published by Yale University Press. This book was released on 2011-09-15 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of choice is at the core of the American story. But what if choice is fake?Americans are fixated on the idea of choice. Our political theory is based on the consent of the governed. Our legal system is built upon the argument that people freely make choices and bear responsibility for them. And what slogan could better express the heart of our consumer culture than "Have it your way"?In this provocative book, Kent Greenfield poses unsettling questions about the choices we make. What if they are more constrained and limited than we like to think? If we have less free will than we realize, what are the implications for us as individuals and for our society? To uncover the answers, Greenfield taps into scholarship on topics ranging from brain science to economics, political theory to sociology. His discoveries—told through an entertaining array of news events, personal anecdotes, crime stories, and legal decisions—confirm that many factors, conscious and unconscious, limit our free will. Worse, by failing to perceive them we leave ourselves open to manipulation. But Greenfield offers useful suggestions to help us become better decision makers as individuals, and to ensure that in our laws and public policy we acknowledge the complexity of choice.

The Myth of Seneca Falls

Author : Lisa Tetrault
Publisher : UNC Press Books
ISBN 13 : 1469614278
Total Pages : 296 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis The Myth of Seneca Falls by : Lisa Tetrault

Download or read book The Myth of Seneca Falls written by Lisa Tetrault and published by UNC Press Books. This book was released on 2014 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Myth of Seneca Falls: Memory and the Women's Suffrage Movement, 1848-1898

The Myth of Natural Rights

Author : L. A. Rollins
Publisher :
ISBN 13 :
Total Pages : 62 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Myth of Natural Rights by : L. A. Rollins

Download or read book The Myth of Natural Rights written by L. A. Rollins and published by . This book was released on 1983 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The End of the Myth

Author : Greg Grandin
Publisher : Metropolitan Books
ISBN 13 : 1250179815
Total Pages : 256 pages
Book Rating : 4.2/5 (51 download)

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Book Synopsis The End of the Myth by : Greg Grandin

Download or read book The End of the Myth written by Greg Grandin and published by Metropolitan Books. This book was released on 2019-03-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF THE PULITZER PRIZE A new and eye-opening interpretation of the meaning of the frontier, from early westward expansion to Trump’s border wall. Ever since this nation’s inception, the idea of an open and ever-expanding frontier has been central to American identity. Symbolizing a future of endless promise, it was the foundation of the United States’ belief in itself as an exceptional nation – democratic, individualistic, forward-looking. Today, though, America hasa new symbol: the border wall. In The End of the Myth, acclaimed historian Greg Grandin explores the meaning of the frontier throughout the full sweep of U.S. history – from the American Revolution to the War of 1898, the New Deal to the election of 2016. For centuries, he shows, America’s constant expansion – fighting wars and opening markets – served as a “gate of escape,” helping to deflect domestic political and economic conflicts outward. But this deflection meant that the country’s problems, from racism to inequality, were never confronted directly. And now, the combined catastrophe of the 2008 financial meltdown and our unwinnable wars in the Middle East have slammed this gate shut, bringing political passions that had long been directed elsewhere back home. It is this new reality, Grandin says, that explains the rise of reactionary populism and racist nationalism, the extreme anger and polarization that catapulted Trump to the presidency. The border wall may or may not be built, but it will survive as a rallying point, an allegorical tombstone marking the end of American exceptionalism.

The Myth of Democratic Failure

Author : Donald A. Wittman
Publisher : University of Chicago Press
ISBN 13 : 9780226904238
Total Pages : 244 pages
Book Rating : 4.9/5 (42 download)

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Book Synopsis The Myth of Democratic Failure by : Donald A. Wittman

Download or read book The Myth of Democratic Failure written by Donald A. Wittman and published by University of Chicago Press. This book was released on 1995 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Myth of Democratic Failure, Donald A. Wittman refutes one of the cornerstone beliefs of economics and political science: that economic markets are more efficient than the processes and institutions of democratic government.