The Myth of Rights

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  • The Myth of Rights Book Detail

  • Author : Ashutosh Bhagwat
  • Release Date : 2012-04-19
  • Publisher : OUP USA
  • Genre : Law
  • Pages : 0
  • ISBN 13 : 9780199897742
  • File Size : 43,43 MB

The Myth of Rights by Ashutosh Bhagwat PDF Summary

Book Description: 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 role of constitutional rights in our society is structural. These rights restrain governmental power so as to maintain a balance between citizens and government, and an appropriately limited role for the State. Professor Bhagwat applies a structural approach to analyze many difficult constitutional controversies, and explains why this approach illuminates these disputes in ways that an autonomy-based approach cannot.

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