hostile to socioeconomic rights like that of Robert Nozick's? Moral
philosophers may be preoccupied with the delicacies of Nozick's or
Rawls's model-theoretic conceptions. But these conceptions are so
remote in their abstraction from the compelling matters that proponents
of socioeconomic rights have to address-life and death, sickness and
health, poverty and human flourishing-that they are best left to languish in
their ivory towers where they will not distract us from the more urgent
concerns of human well-being.
I think saying that would be a mistake. The structural relation between
socioeconomic rights and theories of justice is certainly a fascinating
intellectual conundrum. But it is of more than academic interest. The
claim that there are socioeconomic rights, that they really are human
rights, that they deserve to be taken as seriously as, say, civil and political
rights, and that the failure to fulfill them is in the same normative
category as rights violations like torture, censorship, disenfranchisement,
or detention without trial is controversial even on its own ground.
Politically it is attacked by those who claim priority for property rights
and market structures, by those who deplore the way in which welfare
provision privileges the lazy and the feckless over the responsible and
the deserving, as well as by those who simply believe in other fiscal or
macroeconomic priorities in what they say is a world of limited resources.
These attacks cannot be dismissed; they require-and in my view, they
can be given-an answer. But they are not adequately answered just by
saying that the case for welfare provision is urgent and should command
a very high place in the order of moral priorities. Even if one can defend
the claim that socioeconomic rights are important, the nature of their
priority over other concerns is not self-evident. There are all sorts of
priorities in this area of moral and political life, and we need to develop
an articulate account of what kind of priority we are talking about.
For example, nobody these days seriously imagines an economy,
either at the national level or at the international level, in which private
property and markets do not loom large, or in which the question of
incentives for and rewards to the deserving are not thought important, or
in which there is not a multitude of other claims on the public purse-or
a host of other macroeconomic concerns-competing with demands for
welfare provision. Though these considerations obviously compete with
claims about socioeconomic rights, they are not to be dismissed simply
on account of their being inimical to the latter claims. They need to be
given their due in an overall account of what the organization of the
basic structure of a society, national or international, ought to respond to.
Formulating such an account, articulating and elaborating it, is precisely
the task of a theory of justice.
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