[VOL. 48: 773, 2011]
Socioeconomic Rights and Theories ofJustice
SAN DIEGO LAW REVIEW
Of course, existing philosophical defenses of socioeconomic rights
already do a fair bit of this.' 3 They defend such rights against some of
the more obvious criticisms, and they seek either to discredit property,
desert, and other fiscal priorities or to show that these are much less
important than they claim to be. It is not hard to make a rhetorically
convincing case along these lines, precisely because socioeconomic rights
purport to address the claims of direst need directly and vividly-and
often as a last resort-whereas the importance of these other competing
claims-about property, markets, desert, and fiscal and macroeconomic
concerns-is presented a little further back from the margins of life and
death. Or to put it more crudely: it is easy for defenders of socioeconomic
rights to make their opponents sound heartless. But just that advantage
should put us on warning that it might be worth exploring the competition
between these various sorts of claims from other angles too, if only as a
sort of reality check to ensure that our use of the rhetoric of dire need is
not just a way of browbeating our opponents, bullying the moderates,
and intoxicating ourselves with our own righteousness.
On the other hand, I do not want to leave the impression that the
disparity between the tone and rhetoric of argument for socioeconomic
rights-intense, concrete, and passionately concerned-and the tone and
rhetoric of argument for theories of justice-dry, detached, abstract, and
impossibly elaborate-is just a matter of personal style as between, say,
welfare advocates and philosophers. I certainly do not mean to suggest
that defenders of socioeconomic rights cheat on their arguments or sell
short the sort of fundamental values, like respect for persons, human
dignity, autonomy, and basic equality, that ought to anchor our views about
justice. On the contrary, defenders of socioeconomic rights are second to
none in their taking these fundamental premises seriously and in their
determination to bring out the practical implications that they really
have for the concrete predicament of impoverished men, women, and
children in the world. They rightly convey that arguing from premises
like these cannot be regarded as a game or as a mere academic exercise.
The disparity that interests me is not so much in the premises that are
used but in the conclusions that the respective bodies of argument are
aiming at. Although defenders of socioeconomic rights are interested in
13. See, e.g., David Copp, The Right to an Adequate Standardof Living: Justice,
Autonomy, and the Basic Needs, in EcoNoMic RIGHTS 231, 232-34 (Ellen Frankel Paul
et al. eds., 1992).
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