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Rights from Wrongs: A Secular Theory of the Origins of Rights - Softcover

 
9780465017140: Rights from Wrongs: A Secular Theory of the Origins of Rights
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Prominent Lawyer Alan Dershowitz delivers an original, thought-provoking and controversial examination of the age-old legal debate - what is the source of our human rights? This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are 'natural', where do theses rights come from: Does natural law really exist outside the formal structure of humanly enacted law: On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the 'rights' of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old debate. Rights, he argues, do not come from God, nature, logic or law alone. They arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This timely book will have an immediate impact on political dialogue, from the intersection of religion and law to quandaries surrounding the right to privacy, voting rights and more. It is also a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs is the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice.

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Where do our rights come from Does "natural law" really exist outside of what is written in constitutions and legal statutes If so, why are rights not the same everywhere and in all eras On the other hand, if rights are nothing more than the product
Review:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." These rights are as cherished today as when Thomas Jefferson enumerated them 231 years ago, but traditional faith isn't doing as well (witness Richard Dawkins, Sam Harris, and Christopher Hitchens). If God goes, do our rights go with him? Not according to Alan Dershowitz, who in Rights from Wrongs proposes the theory that they come not from God (theists have no monopoly on moral behavior), nature (whose first rule is selfishness), or the law itself (Dershowitz is no fan of legal positivism). Rather, he argues that, in a sense, two wrongs do make a right: that our rights are built from the ground up, in the manner of the common law: we "agree upon the least desirable ways of life and seek to protect against those evils." Dershowitz is likely to lose some readers, especially those who trend toward the right, in the book's second half, where he begins to apply his theory to issues including organ donation, separation of church and state, animal rights, and immigration. Regardless, Rights from Wrongs is a fine companion piece to the "atheist trilogy": well-argued, thought-provoking, and likely to appeal to those interested in politics and philosophy as well as religion and law. --Benjamin Lukoff

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  • PublisherBasic Books
  • Publication date2005
  • ISBN 10 0465017142
  • ISBN 13 9780465017140
  • BindingPaperback
  • Number of pages272
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9780465017133: Rights from Wrongs: The Origins of Human Rights in the Experience of Injustice

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