(socioeconomic rights) must be abandoned as impossible. There is no
reason to suppose that there are not enough resources in the world, say,
to feed, house, or provide basic medical care to everybody in it, as
Articles 11 and 12 of ICESCR require. 2 8 The difficulty is that there are
also other demands on these resources-other fiscal priorities and other
uses that individuals and firms might have for the income and wealth
that would have to be taxed or otherwise accessed if fiscal capacity were
to be increased. If it did follow from scarcity in this sense that we
should abandon some subset of the demands that are placed upon scarce
resources, then we would need to hear arguments back and forth about
which subset of demands this should be. For example, weapons and
military demands compete fiscally with demands for socioeconomic
provision. Why not abandon the former rather than the latter? I do not
mean this as a rhetorical question. I mean to ask for an answer and to
ask also for the hard work-including hard work in our theory of
justice-that would be necessary to explain and defend a given answer.
These points are particularly important when it comes to thinking
about the relation between socioeconomic claims and property rights.
The alleged impossibility of socioeconomic claims-the difficulty with
the idea that ought implies can-is often based on an assumption that the
existing distribution of property is to remain largely undisturbed. When
a conservative government in the West says, for example, in response to
some plea for welfare provision, "The money simply isn't there," what is
usually meant is that it would be impolitic to try and raise it from
existing income earners by taxation. But if resources are scarce relative
to human wants, any system of rights or entitlements will seem
demanding to those who are constrained by it. If an economic system
includes provision for welfare assistance, that may seem overly
demanding to taxpayers. But if it does not include that provision, then
the system of property rights in such an economy will seem overly
demanding to the poor, requiring as it does that they refrain from making
use of resources that they need in order to survive. As usual, the
question is not whether we are to have a system of demanding rights but
how the costs of the demands are to be distributed.
Robert Nozick may be guilty of a fallacy along these lines when he
voices the following general misgiving about socioeconomic rights 2 9:
The major objection to speaking of everyone's having a right to various
things such as equality of opportunity, life, and so on, and enforcing this right,
is that these "rights" require a substructure of things and materials and
actions; and other people may have rights and entitlements over these. No
28.
29.
784
See G.A. Res. 2200 (XXI) A, supra note 2, at 50-52.
The remainder of this Part is adapted from Waldron, supra note 10.