Jump to ContentJump to Main Navigation
The Myth of RightsThe Purposes and Limits of Constitutional Rights$
Users without a subscription are not able to see the full content.

Ashutosh Bhagwat

Print publication date: 2010

Print ISBN-13: 9780195377781

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195377781.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 23 January 2019

The Nature of Rights

The Nature of Rights

A Theoretical and Historical Overview

(p.23) 2 The Nature of Rights
The Myth of Rights


Oxford University Press

It is often said that the United States is the home of individual liberty and rights. But what is a “right”? What does it mean to say that someone has a “right,” or that her “rights” have been violated? This chapter shows that there are many possible answers to these questions, and that the widely accepted answers have changed substantially over the course of American history. But at the same time, today among the American people it seems that there is a fairly wide consensus about what constitutes a “right,”and what it means to have rights. The American people know what individual rights are, they know that the Constitution gives them rights, and they know that those rights cannot be taken away from them. The problem is that this consensus is fundamentally wrong.

Keywords:   individual rights, American people, U.S. Constitution, constitutional rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .