Rights and Obligations: Framing Social Relations

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In this modules reading assignment from Legal Traditions of the World, Glenn briefly touches on an idea sacred in the American psyche – individual rights. Our Declaration of Independence lists unalienable rights, and our Constitution contains a Bill of Rights. The frame of rights is held up against the frame of obligations, as seen, for exle, in the Talmudic legal traditions concept of tikkun olam (see De Lange) or the Islamic legal traditions zakat (p. 205). Glenn makes the case that even if obligations imply rights, the frames of each arent quite the same thing. In this assignment, you will weigh the similarities and differences between rights and obligations, and how they impact our understanding of dispute resolution. You will also be given an opportunity to apply your explanation to your own dispute resolution practices.

DIRECTIONS: Write an essay addressing the following prompts:

  • Name and briefly discuss two potential benefits that come from focusing on rights in disputes. Then, name two potential costs or drawbacks from this focus.
  • Name and briefly discuss two benefits that come from focusing on obligations in disputes. Then, name two potential costs or drawbacks from this focus.
  • The concept of tikkun olam is represented in daily prayer in some expressions of Judaism. How would keeping this concept of repairing the world at the front of ones mind impact ones understanding of disputes? Consider in your response applications of this concept to both disputes in which one is a direct part and also conflict get
  • nerally.
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