[VoL. 48: 773, 2011]
Socioeconomic Rights and Theories ofJustice
SAN DIEGO LAW REVIEW
argumentation about justice; we may find a given theoretical position
plausible or implausible-intuitively plausible or implausible as we
say-because of its consonance or dissonance with one or more of these
considered judgments.
These judgments need not be just the sentiments of private individuals.
They may have the status among us of "precepts ofjustice"--commonsense
truths shared to a certain extent in the culture even among philosophers. 9
There is no doubt that claims about socioeconomic rights are supported
by many of these judgments and precepts. Many of us believe, for
example, that if a child is in danger of starvation in a society with a
prosperous economy and if the child's parents are incapable of supporting
it, then there ought to be some provision for social support and that staterun agencies have a responsibility to see that this is provided. Many of
us would regard it as a serious objection to a theory of justice if it implied
that this need not be done or that it should not be done.20
Of course, nobody's considered judgments are self-validating. For
one thing, considered judgments about provision for need may have to
be reconciled with other considered judgments of ours that seem to pull
in an opposite direction. Many people hold the view, pretheoretically,
that individuals are entitled to the fruits of their labor-such as the
income that others have paid them for work they have done-and they
19. See id. at 31-32.
20. A lot of the early hostility to Robert Nozick's theory stemmed from the fact
that Nozick gave the impression that such provision might be unjust or at any rate not
required by justice. People thought that if Nozick's was just one theory competing for
our attention, this might be a reason to look elsewhere for theoretical illumination on the
topic of justice. See Brian Barry, Book Review, 3 POL. THEORY 331, 331-32 (1975)
(reviewing NOZICK, supra note 10).
[T]he intellectual texture is of a sort of cuteness that would be wearing in a
graduate student and seems to me quite indecent in someone who, from the
lofty heights of a professorial chair, is proposing to starve or humiliate ten
percent or so of his fellow citizens (if he recognizes the word) by eliminating
all transfer payments through the state, leaving the sick, the old, the disabled,
the mothers with young children and no breadwinner, and so on, to the tender
mercies of private charity, given at the whim and pleasure of the donors and on
any terms that they choose to impose.
This is, no doubt, an emotional response, but there are, I believe, occasions
when an emotional response is the only intellectually honest one. . . . [A] book
whose argument would entail the repeal of even the Elizabethan Poor Law
must either be regarded as a huge joke or as a case of trahison des clercs,
giving spurious intellectual respectability to the reactionary backlash that is
already visible in other ways in the United States.
Id.
781