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What's Wrong with Rights? (Paperback)
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What's Wrong with Rights? (Paperback)
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Are natural rights 'nonsense on stilts', as Jeremy Bentham
memorably put it? Must the very notion of a right be
individualistic, subverting the common good? Should the right
against torture be absolute, even though the heavens fall? Are
human rights universal or merely expressions of Western
neo-imperial arrogance? Are rights ethically fundamental, proudly
impervious to changing circumstances? Should judges strive to
extend the reach of rights from civil Hamburg to anarchical Basra?
Should judicial oligarchies, rather than legislatures, decide
controversial ethical issues by inventing novel rights? Ought human
rights advocates learn greater sympathy for the dilemmas facing
those burdened with government? These are the questions that What's
Wrong with Rights? addresses. In doing so, it draws upon resources
in intellectual history, legal philosophy, moral philosophy, moral
theology, human rights literature, and the judgments of courts. It
ranges from debates about property in medieval Christendom, through
Confucian rights-scepticism, to contemporary discussions about the
remedy for global hunger and the justification of killing. And it
straddles assisted dying in Canada, the military occupation of
Iraq, and genocide in Rwanda. What's Wrong with Rights? concludes
that much contemporary rights-talk obscures the importance of
fostering civic virtue, corrodes military effectiveness, subverts
the democratic legitimacy of law, proliferates publicly onerous
rights, and undermines their authority and credibility. The
solution to these problems lies in the abandonment of
rights-fundamentalism and the recovery of a richer public discourse
about ethics, one that includes talk about the duty and virtue of
rights-holders.
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