## Metadata - Author: [[Jamal Greene and Jill Lepore]] - Full Title: How Rights Went Wrong - Category: #books ## Highlights - The Frenchman Alexis de Tocqueville wrote in 1835 that “scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.” That was hyperbole in his time, but it rings true in our own. Rights are the commandments of our civic religion. ([Location 95](https://readwise.io/to_kindle?action=open&asin=B08B3JM1CV&location=95)) - The law can respond to the proliferation of competing rights in one of three ways: it can minimize rights, it can discriminate between them, or it can mediate them. Only the last of these choices makes sense in a diverse and complex society. ([Location 154](https://readwise.io/to_kindle?action=open&asin=B08B3JM1CV&location=154)) - We need a different strategy for responding to competing rights, a strategy of rights mediation. U.S. courts recognize relatively few rights, but strongly. They should instead recognize more rights, but weakly. ([Location 189](https://readwise.io/to_kindle?action=open&asin=B08B3JM1CV&location=189))