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

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Item specifics

Condition
Very Good: A book that has been read and does not look new, but is in excellent condition. No ...
Book Title
The Myth of Rights: The Purposes and Limits of Constitutional Rig
ISBN
9780199897742

About this product

Product Identifiers

Publisher
Oxford University Press, Incorporated
ISBN-10
0199897743
ISBN-13
9780199897742
eBay Product ID (ePID)
112597378

Product Key Features

Number of Pages
310 Pages
Language
English
Publication Name
Myth of Rights : the Purposes and Limits of Constitutional Rights
Subject
Civil Rights, General
Publication Year
2012
Type
Textbook
Subject Area
Law, Political Science
Author
Ashutosh Bhagwat
Format
Trade Paperback

Dimensions

Item Height
0.6 in
Item Weight
15.2 Oz
Item Length
6.1 in
Item Width
9.2 in

Additional Product Features

Intended Audience
Scholarly & Professional
TitleLeading
The
Dewey Edition
23
Dewey Decimal
342.7308
Table Of Content
1. The Myth of Rights: Of Aliens, Corporations, and Guns2. The Nature of Rights: A Theoretical and Historical Overview3. Constitutional Rights and the Structure of Government4. How Constitutional Rights Limit Government Power5. Free Speech and Self-Governance6. The Religion Clauses: Reconciling Accommodation and Separation7. Property Rights and Economic Regulation8. Racial Discrimination and Affirmative Action: The Meaning of Equal Protection9. Discrimination on the Basis of Sex, Sexual Orientation, and Other Characteristics: Translating Equal Protection10. The Nontextual Constitution: Privacy and Other Unenumerated Rights11. Structural Rights and the War on Terror
Synopsis
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., 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 theState 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 protectindividual 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 manyother 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 whileconstitutional rights play a critical role in our legal and political system, it is a very different role from what is commonly assumed., 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 Bhagwatapplies 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., 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.
LC Classification Number
KF4749.B48 2012

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  • 2***a (45)- Feedback left by buyer.
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    Amazing deal! The description said like new but the box and cards inside were still wrapped in plastic so it had never been used or opened. There was one little corner on the box that was not perfect but I’ve received brand new decks like that before just from shipping. I will definitely purchase from this seller again.
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    Past 6 months
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    Not exactly as described. Condition on listing "very good; damaged". Item has puncture/tear in middle of box. Wish used actual pictures instead of stock photo and "shelving wear on corners" to see actual damage. Luckily, not gifting to anyone. Shipping time was reasonable. Shipping packaging was lacking; padded envelope ONLY for a box kit, no protection. Otherwise no damage to actual kit parts. Overall satisfied with this transaction because of price for condition.
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    Fast shipper, item was well packed for shipping, item received was not in great condition. But seller quickly responded to the problem, and could not have been more helpful, I would gladly buy from this seller again.