Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (1991)

Though written in what now feels like an entirely different epoch, this carefully argued book addresses a problem that still plagues us. Since the 1950s, more and more of our politics has been defined and argued over in terms of individual rights, which ostensibly are absolute, inhere in solitary rights-bearers, and imply no corresponding responsibilities. As a result, Glendon argues, complexity gives way to black-or-white thinking, legal conflict over these all-or-nothing stakes replaces compromise, and politics as the art of negotiation withers. The emphasis on hyperindividualistic rights fostered in our legal system subsequently shapes talk - and thought - in politics and everyday life. Occasionally the book addresses cultural and social changes, for example, the decline of civil society organizations. But mainly Glendon focuses on the early modern philosophical origins of rights talk and, especially, on the decisions of prominent American jurists. British and American law first deviated from continental law in this regard when Hobbes and Locke painted pictures of monadic individuals asserting their rights, while Rousseau retained more of the classical and Biblical traditions that had always paired responsibilities with rights. This distinction was wholly new to me. A further step on the American path to hyperindividualist conceptions of rights was taken by Oliver Wendell Holmes, Jr., who argued that law has no basis in morality. An especially valuable part of the book are Glendon's detailed comparisons of American and European or Canadian rulings on issues such as abortion or the legal duty to come to the aid of strangers. Rights Talk nicely complements the work of Michael Sandel, whom Glendon acknowledges as an influence, and other communitarian thinkers.