Rejecting Rights

ISBN-13: 9780521518284 / Angielski / Twarda / 2009 / 220 str.

Sonu Bedi

Opis

The language of rights is ubiquitous. It shapes the way we construct our debates over issues such as abortion, affirmative action and sexual freedom. This provocative new study challenges the very concept of rights, arguing that they jeopardize our liberty and undermine democratic debate. By re-conceptualizing our ideas about limited government, it suggests that we can limit the reasons or rationales on which the polity may act. Whereas we once used the language of rights to thwart democratic majorities, Bedi argues that we should now turn our attention to the democratic state's reason for acting. This will permit greater democratic flexibility and discretion while ensuring genuine liberty. Deftly employing political theory and constitutional law to state its case, the study radically rethinks the relationship between liberty and democracy, and will be essential reading for scholars and students of political and legal philosophy.

Recenzje

'Provocative, deeply original, and lucid: this book makes a powerful case for downplaying liberalism's focus on individual rights in favor of a more nimble requirement of public justification in the face of encroachments on liberty. Sonu Bedi's Rejecting Rights should provoke a fresh reconsideration of liberal constitutionalism. An impressive achievement.' Stephen J. Macedo, Princeton University

Spis treści

Introduction; Part I. Rights: 1. The classic conception of rights: the 'democratic deficit'; 2. Reflexive rights: jeopardizing freedom, equality, and democratic debate; Part II. Justification in Theory: 3. The turn to justification; 4. A theory of justification: specifying the appropriate legislative purpose; 5. Rejecting rights; Part III. Justification in Practice: 6. Rejecting the constitutional rights to property and religion; 7. Rejecting the constitutional right to privacy; 8. Equal protection and judicial review; Conclusion; Bibliography.