JOIN THE ROLLING OUT BOOK CLUB! GET LIT! SIGN UP TODAY!
The Myth of Rights: The Purposes and Limits of Constitutional Rights by Bhagwat, Ashutosh
  • SKU: 9780199897742
  • Availability: in stock Many in stock Out of stock You can purchase this product but it's out of stock

The Myth of Rights: The Purposes and Limits of Constitutional Rights

$51.00
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 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.


Binding Type: Paperback
Author: Bhagwat, Ashutosh
Published: 02/10/2012
Publisher: Oxford University Press, USA
ISBN: 9780199897742
Pages: 310
Weight: 0.97lbs
Size: 9.21h x 6.14w x 0.65d
ADDITIONAL INFORMATION
Color: Blue, Purple, White
Size: 20, 24
Material: 100% Polyester
REVIEWS

RELATED PRODUCTS

BACK TO TOP