[VOL. 48: 773, 2011]
Socioeconomic Rights and Theories ofJustice
SAN DIEGO LAW REVIEW
resources that are morally theirs or out of ill-gotten resources that are
"theirs" only in the shallowest of legal senses.
In general, theories of justice do not seem to be designed for the real
world. But the socioeconomic rights that people talk about are. They
are designed exactly to operate in a real world that does not answer to
ideal models of the philosophers. "[T]he right of everyone to an adequate
standard of living for himself and his family" laid down in Article 11(1)
of the ICESCR is supposed to apply in real world situations, whether or
not those situations are properly governed by the strictures of whatever
turns out to be the best theory of justice.8 0 True, accounts of
socioeconomic rights are sometimes accused of being utopian. (We
considered this above in Part III.) But assuming that what these rights
require can be done, the position of their proponents is that it ought to be
done without further ado, and certainly without waiting for the rest of an
ideal theory of justice to swing cumbersomely into application.
On the other hand, the thought that socioeconomic rights ought to
have this immediate real-world application does not mean that they can
be considered entirely apart from theories of justice. Most theorists of
justice defend their emphasis on ideal theory because they think it
illuminates and provides the best basis for approaching issues of nonideal
theory. Rawls is typical:
I examine the principles of justice that would regulate a well-ordered society.
Everyone is presumed to act justly and to do his part in upholding just
institutions. ... Thus I consider primarily what I call strict compliance as
opposed to partial compliance theory. The latter studies the principles that
govern how we are to deal with injustice.. . . Obviously the problems of partial
compliance theory are the pressing and urgent matters. These are the things that
we are faced with in everyday life. The reason for beginning with ideal theory
is that it provides, I believe, the only basis for the systematic grasp of
these more pressing problems.
. .
.
At least, I shall assume that a deeper
understanding can be gained in no other way. 8 1
The need for a "systematic grasp" is important. The disordered world in
front of us is certainly the product of injustice. But which aspects of the
disorder that we see are to be attributed to injustice? If the existing
situation is unjust, then something needs to be done about it. But what?
And are we sure we can distinguish intuitively and without theoretical
80. G.A. Res. 2200 (XXI) A, supra note 2, at 50.
81. RAWLS, supra note 4, at 7-8 (citations omitted). But see AMARTYA SEN, THE
IDEA OF JUSTICE vii-xii (2009), for a more aggressive insistence on focusing on
perceptions of injustice in the first instance.
801
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