comprising all of these aspects taken together will have on the life
prospects of various individuals.
Of course specific public policy prescriptions will focus on particular
topics; they will not themselves be holistic. And claims of socioeconomic
rights are like them in this regard. So we may say that the socioeconomic
rights represent-or are very close to-policy outputs, and that a
mistake has been made in this Article by comparing them to principles
of justice that are not identifiable with output prescriptions in the same
way. That is fair as far as it goes. The trouble is that claims of right
often present themselves not just as specific policy demands but as each
sitting on its own bottom, so to speak, with its own separate foundations.
Rights present themselves as separable in their formulation and in their
foundations. Just as the principle of free speech is justified in a way that
is quite separate from, say, the right not to be tortured, the idea is that
Article 11 of the ICESCR will have its own justification, Article 12 will
have a somewhat different justification, and so on. Each right stands on
its own and demands attention. In that regard, rights differ quite radically
from the policy prescriptions that emerge from the application of a theory
of justice like Rawls's theory. Superficially they may resemble
one another. But what the Rawlsian theory generates regarding what is
required in the way of, say, education will emerge from a process in
which both the competition between education and other demands on
resources and the relation between education and other arrangements'
impact on people's life prospects have been properly considered
together. That is unlikely to be true of the socioeconomic rights.
Let me emphasize that I do not rule out the possibility that some
claims that are both particular and more or less absolute may emerge
from a theory of justice. (We considered this in Part V.) Maybe elementary
education, for example, is so important in and of itself to children's life
prospects that even taking into account other impacts and other demands
that compete for the same resources, it must emerge in its own right as
an uncompromising demand. That is certainly a possibility and-I am
saying-that is the way to establish that there are socioeconomic rights.
Just consulting a list is not.
Turning now to the institutional context, we might note that one
advantage of working through these issues in the context of a theory of
justice is that it postpones as long as possible commitment to any
particular political or institutional process. Introducing the language of
rights tends to tilt matters decisively towards judicial rather than
legislative or executive processes. In many political systems, rights are
entrusted as a matter of course to courts for administration or enforcement.
It is true that sometimes legislation may be devoted to a scheme for the
implementation of people's rights: one thinks of the Civil Rights Acts in
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