Individual rights raise endless conflicts and spawn intricate
standards and policies. Increasing involvement by courts has added
still greater complexity. It would seem that few meaningful
principles can unite an area of law plagued by such uncertainty. In
this book the author argues that a fixed structure underlies that
complexity, determining the kinds of arguments that can be made
about individual rights. Examples are drawn from the world's oldest
and most intricate body of law on civil rights and liberties: the
case law of the United States Supreme Court. Yet the model is
designed to account for any legal system that recognizes civil
rights and liberties. The author applies techniques of logical
analysis (although no prior knowledge of logic is required) to
identify a deeper discursive structure. He shows how simple
concepts of harm and consent, which do not ordinarily appear to be
relevant in all cases, provide unity within and across regimes of
individual rights.
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