The longstanding philosophical, political, and legal debate over the nature of rights has recently sprung into a raging liberal/communitarian controversy. With this book, Leon Trakman and Sean Gatien leap into the fray, presenting a powerful critique and reconceptualization of liberal rights theory.

The authors begin by setting out the current poles in the debate over rights as liberalism conceives them. The key flaw in liberal rights, they argue, is in protecting individual autonomy at the expense of community interests, such as those that relate to aboriginal peoples and the environment. Arguing that rights are inseparable from responsibilities, they develop a balanced, dialogic approach to rights theory, then follow through by deploying their conception of rights in four topical fields: freedom of expression, reproductive autonomy, Native rights, and international environmental protection.

Challenging many time-honoured liberal assumptions, the authors present a controversial yet persuasive treatise, substantiated with sound scholarship, powerful argument, and the light of reason.

Leon Trakman is Bora Laskin National Fellow and Professor of Law at Dalhousie Law School.

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Sean Gatien is a research associate at Dalhousie University.

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