You are on page 1of 8

Are Socioeconomic Rights a matter of Distributive Justice?

Patricio Espinoza Lucero MA Legal and Political Theory 25th, May 2011

A concept of socioeconomic rights Socioeconoic Rights: moral or legal?

OUTLINE

Two possible answers


Towards a comprehensive conception

Strategy
2

Right to public provision of certain goods (Ferrajoli, 1999)

A CONCEPT OF SOCIO ECONOMIC RIGHTS

Positive action by the state


Provision of basic goods What for? Social justification: Equal access to certain valuable human things

Legal Rights

SOCIO ECONOMIC RIGHTS MORAL OR LEGAL? TWO POSSIBLE ANSWERS


4

John Rawls, Ronald Dworkin, Jeremy Waldron

Distributive Justice Moral Rights

Amartya Sen, Martha Nussbaum, Cecile Fabre

Core: moral rights

TOWARDS A COMPREHENSIVE PROTECTION


Implementation: legal rights, legislation

Samuel Shefflers conception

every person has a natural right to a sufficient share of every distributable good whose enjoyment is necessary condition of the person s having a reasonable chance of living a decent and fulfilling life
(Sheffler, 1981:153)

Challenge Rawlsian difference principle by including the core of social claims in the first principle

STRATEGY:
THE COMPREHENSIVE CONCEPTION

Give an account about whether and how socioeconomic rights can be considered as moral rights Argue in favour of a test that socioeconomic claims need to pass in order to be allocated as rights or principles of distributive justice

Thank you Any further question please contact me at p.espinoza@ucl.ac.uk

You might also like