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Product details
File Size: 627 KB
Print Length: 274 pages
Publisher: Basic Books (April 20, 2009)
Publication Date: April 20, 2009
Sold by: Hachette Book Group
Language: English
ASIN: B003ULOBUG
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Rights From Wrongs: A Secular Theory of the Origins of Rights by Alan M. Dershowitz"Rights From Wrongs" is a very interesting book on the source of our rights from a welcomed secular point of view. Preeminent legal scholar and renowned criminal lawyer, Alan M. Dershowitz provides the readers with a lucid, engaging account on the secular origin of rights. Despite being broken out into three parts this book is really about two: the first half focuses on the origins of rights while the second half is the application of said theory of rights to specific controversies. This enlightening 274-page book is composed of twenty chapters and is broken out in the following three parts: I. The Sources of Rights, II. Some Challenges to Experience as the Source of Rights, and III. Applying the Experiential Theory of Rights to Specific Controversies.Positives:1. A well-written, well-researched book that is accessible to the masses.2. A fascinating topic in the hands of a preeminent legal mind.3. A welcomed and more compelling secular point of view. Engaging, coherent, well reasoned book.4. This book addresses to satisfaction the question, "Where do rights come from?"5. A direct challenge to the approach to rights taken by both classical natural law and legal positivism. Throughout the book, Dershowitz states a who's who behind the classical approaches and provides a fair treatment of their perspectives. He also proposes a third approach, one based on human experiences.6. Thought-provoking book. The author weaves a fine web of legal brain teasers.7. The implications of rights being a product solely of human invention. A recurring theme, human experiences as the source of rights.8. Provides a thorough debunking of the notion of "God-given" and natural rights. "There are no divine laws of morality, merely human laws claiming the authority of God".9. Great quotes throughout, "The complex relationship between the "is" of nature and the "ought" of morality must be mediated by human experience. The history of rights illustrates this complexity".10. The function of rights. Great stuff.11. Pressing the hot button topics with glee, Dershowitz style: gun ownership, abortion, gay marriage, censorship, the separation of church and state, the right to emigrate, animal rights, .12. Learning from past injustices. Many great examples provided: slavery and the Holocaust to name a couple.13. The notion that there may be multiple rights in a given situations...interesting.14. Rights as they relate to restriction on governmental power. Basic rights.15. A welcomed perspective on morality. The interplay between morality and experience. Very good examples including slavery.16. The purpose of the Bill of Rights. The original intent of the framers.17. A very good chapter on organ donation. What needs to be done.18. Lessons for the future.Negatives:1. Not an in-depth book. Many topics get the quick over. As an example, the issue of separation of church and state.2. Drives the main thesis home repeatedly. Rights come from wrongs.3. Sometimes the author purposely leaves the reader hanging.4. A couple of minor formatting issues.5. No formal bibliography.In summary, I really enjoyed this book and in fact wanted more. Dershowitz does a wonderful job of making this complex topic accessible to the masses and does so with the panache that characterizes him. This is not an in-depth tome and at times can be repetitive. That being said, this is a welcomed secular narrative. In a nutshell, the main premise of this book is that the best way to build an effective foundation of rights is on agreed-upon wrongs of the past that we should avoid. In other words, from human experiences. If you are looking for a worthwhile concise book on the origin of rights, you won't find many books better. I highly recommend it!Further suggestions: "Congress Shall Make No Law Respecting an Establishment of Religion" by Robert Boston, "The Conservative Assault on the Constitution" by Erwin Chemerinsky, "The Oath: The Obama White House and the Supreme Court" by Jeffrey Toobin, "Nonbeliever Nation: The Rise of Secular Americans" by David Niose, "What Money Can't Buy: The Moral Limits of Markets" by Michael J. Sandel, "Making Our Democracy Work: A Judge's View" by Stephen Breyer, "Matter of Interpretation : Federal Courts and the Law" by Antonin Scalia, "The Majesty of the Law: Reflections of a Supreme Court Justice" by Sandra Day O'Connor, and "America's Unwritten Constitution: The Precedents and Principles We Live By" by Akhil Reed Amar.
great read
Alan M. Dershowitz is probably one of the most intellectual men in the business of law and is able to describe to other just what is going on with the law and why. Here he writes about right from wrongs. Get it read it, understand it. Great reading of course.
The author does exactly what he associates with the typical lawyer's approach in that he only presents as much argument as he feels will support his position, and then stops before his argument reaches 'the rest of the story'. As he explores the theory of the origin of rights. he actually stops short of the rational, logical 'real' next step to the source of rights, and specifically refuses to acknowledge an independent and absolute higher power.His treatment of the 'rights' of minorities fails to consider the vast dangers our society is currently experiencing and failing to recognize. In our society, 'rights' are being defined by the vocal minority and the bleeding heart liberal legal system while trampling the will of the silent majority who are allowing this to happen.I invested the one-cent price plus shipping I found on Amazon to keep myself informed regarding what some current 'thinkers' are thinking. This author definitely has his own agenda which determines the content of his theory.I would highly recommend this book for thinking people who will draw their own conclusions instead of simply nodding their heads in blind agreement. His argument will help you in further refining your own.Oops, now he's WAY over the line. Wait 'till you read his position or organ transplant 'donations'. According to him, YOU don't own your body, your FAMILLY doesn't own your body. The GOVERNMENT does. Talk about the slippery slope. I sure hope THIS isn't in Obie-care. The panels will ALWAYS find you beyond hope in order to maintain the supply of transplant organs. They'll make you an offer you can't refuse - 'cause you're dead!
The California Constitution begins with a statement that all rights arise from God. The Federal Constitution makes nomention of God at all. The Declaration of Independence relies on a philosophy of natural rights...eg. the rights to life, liberty and happiness. Professor Dershowitz argues for a "theory of rights" that derive from a community's experience of harm or injustice. I would agree that he correctly determines the "source of rights", but, I think, different communities will have different perceptions of injustices as well as conflicting solutions. (I might add that human nature is imperfect and many societies use scapegoats to address a problem). So when the Germans were crippled by the peace terms with the Allied powers after the conclusion of World War I, what should the solution have been? Or in abortion cases, do we place emphasis on the right of the fetus to life or the right of the woman to choose? Therefore, there can be no universal system of rights, even though most societies punish murder, theft, and adultery.Historically, there will also be an interrelationship between a community's religion and law, a determination of rights thatDershowitz studiously avoids. For example, in many Moslem cultures, the Koran will influence the determination of rights - e.g. the rights belonging to someone who practices Islam versus, let's say, the rights of someone who worships idols.Nevertheless, Professor Dershowitz forces us to think about these great issues and develop new rights or expand old ones if communities can minimize injustice. A worthy read.
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