Sunstein on Rights
By Max Hocutt
This article appeared in the Summer 2005 issue of The Independent Review


In The Second Bill of Rights (2004), Cass Sunstein, distinguished professor of jurisprudence at the University of Chicago, argues that economic security should be a governmentally protected right with the same status as the right to own property and speak one’s mind. Sunstein’s argument rests on a faulty understanding of the distinction between positive rights, which obligate individuals to do something, and negative rights, which obligate them to not do something.

Other Independent Review articles by Max Hocutt
    Fall 2013   The Fruits and Fallacies of Fred Skinner on Freedom
    Summer 2012   Rights: Rhetoric versus Reality
    Winter 2008   In Defense of Herbert Spencer
[View All (7)]

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