Cécile Fabre
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296751
- eISBN:
- 9780191599200
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296754.001.0001
- Subject:
- Political Science, Political Theory
The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights ...
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The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standard rights to adequate minimum income, education, housing, and health care are usually not given constitutional protection. The book argues that individuals have social rights to adequate minimum income, housing, health care, and education, and that those rights must be entrenched in the constitution of a democratic state. That is, the democratic majority should not be able to repeal them, and certain institutions (for instance, the judiciary) should be given the power to strike down laws passed by the legislature that are in breach of those rights. Thus, the book is located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributive justice. It stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of the relationship between these two values cannot be ignored.Less
The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standard rights to adequate minimum income, education, housing, and health care are usually not given constitutional protection. The book argues that individuals have social rights to adequate minimum income, housing, health care, and education, and that those rights must be entrenched in the constitution of a democratic state. That is, the democratic majority should not be able to repeal them, and certain institutions (for instance, the judiciary) should be given the power to strike down laws passed by the legislature that are in breach of those rights. Thus, the book is located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributive justice. It stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of the relationship between these two values cannot be ignored.
Cécile Fabre
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296751
- eISBN:
- 9780191599200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296754.003.0005
- Subject:
- Political Science, Political Theory
I reject the claim that bills of social rights are undemocratic and therefore unacceptable. I argue that they are indeed undemocratic in some cases, but that this is not a good reason for rejecting ...
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I reject the claim that bills of social rights are undemocratic and therefore unacceptable. I argue that they are indeed undemocratic in some cases, but that this is not a good reason for rejecting them. In the course of defending this claim, I distinguish between democratic rights, namely, those rights the respect of which is necessary for a regime to count and function as a democracy, and undemocratic rights, namely, those rights the respect of which is not necessary for a regime to count and function as a democracy. I also look at different ways in which the judiciary could protect constitutional social rights; I claim that the constitutional court should tell the government when it has breached a right and should set a deadline for the provision of remedies, but should not tell the government which remedies to provide, and how it should provide them. I thus delineate the scope for democratic decision‐making when constitutional social rights are at issue.Less
I reject the claim that bills of social rights are undemocratic and therefore unacceptable. I argue that they are indeed undemocratic in some cases, but that this is not a good reason for rejecting them. In the course of defending this claim, I distinguish between democratic rights, namely, those rights the respect of which is necessary for a regime to count and function as a democracy, and undemocratic rights, namely, those rights the respect of which is not necessary for a regime to count and function as a democracy. I also look at different ways in which the judiciary could protect constitutional social rights; I claim that the constitutional court should tell the government when it has breached a right and should set a deadline for the provision of remedies, but should not tell the government which remedies to provide, and how it should provide them. I thus delineate the scope for democratic decision‐making when constitutional social rights are at issue.
Cécile Fabre
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296751
- eISBN:
- 9780191599200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296754.003.0004
- Subject:
- Political Science, Political Theory
I argue that it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy ...
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I argue that it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well‐being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it follows that they should be constitutionalized.Less
I argue that it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well‐being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it follows that they should be constitutionalized.
Cécile Fabre
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296751
- eISBN:
- 9780191599200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296754.003.0006
- Subject:
- Political Science, Political Theory
I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot ...
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I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot constitute a solid basis for assessing governmental policy‐making. I reject this practical objection to constitutional social rights whilst taking on board some of its insights, by looking at the ways in which social rights are given specific content by institutions such as the ILO and the UN, and at the way constitutional social rights are dealt with by some domestic constitutional courts.Less
I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot constitute a solid basis for assessing governmental policy‐making. I reject this practical objection to constitutional social rights whilst taking on board some of its insights, by looking at the ways in which social rights are given specific content by institutions such as the ILO and the UN, and at the way constitutional social rights are dealt with by some domestic constitutional courts.
Tim Hayward
- Published in print:
- 2004
- Published Online:
- July 2005
- ISBN:
- 9780199278688
- eISBN:
- 9780191602757
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278687.003.0003
- Subject:
- Political Science, Political Theory
Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebutsthe claim that constitutional ...
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Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebutsthe claim that constitutional provisions relating to the human right to an adequate environment should be made only in the form of a policy statement and not as a fundamental right. Rebuts the further claim that the right to an adequate environment should be placed with those rights of a second order – the ‘social rights’ – rather than among the fundamental rights of a constitution. Problematises the distinction between fundamental and social rights, but also shows why the right to an adequate environment does not resemble a social right.Less
Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebuts
the claim that constitutional provisions relating to the human right to an adequate environment should be made only in the form of a policy statement and not as a fundamental right. Rebuts the further claim that the right to an adequate environment should be placed with those rights of a second order – the ‘social rights’ – rather than among the fundamental rights of a constitution. Problematises the distinction between fundamental and social rights, but also shows why the right to an adequate environment does not resemble a social right.
Cécile Fabre
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296751
- eISBN:
- 9780191599200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296754.003.0002
- Subject:
- Political Science, Political Theory
I argue that if one accepts the four assumptions I outlined above, one must accept the claim that individuals have social rights to adequate minimum income, housing, education, and health care, i.e. ...
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I argue that if one accepts the four assumptions I outlined above, one must accept the claim that individuals have social rights to adequate minimum income, housing, education, and health care, i.e. rights to these resources, which are necessary for us to lead what everyone would have to agree is a minimally decent life. In arguing for this conclusion, I set out in detail the conceptions of rights, autonomy, and well‐being that underpin my case for the constitutional entrenchment of social rights.Less
I argue that if one accepts the four assumptions I outlined above, one must accept the claim that individuals have social rights to adequate minimum income, housing, education, and health care, i.e. rights to these resources, which are necessary for us to lead what everyone would have to agree is a minimally decent life. In arguing for this conclusion, I set out in detail the conceptions of rights, autonomy, and well‐being that underpin my case for the constitutional entrenchment of social rights.
Cécile Fabre
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296751
- eISBN:
- 9780191599200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296754.003.0003
- Subject:
- Political Science, Political Theory
I complete the argument for social rights undertaken in Ch. 1, by looking at differences between negative rights that our autonomy and well‐being be respected, and positive rights, of which social ...
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I complete the argument for social rights undertaken in Ch. 1, by looking at differences between negative rights that our autonomy and well‐being be respected, and positive rights, of which social rights are a subset, that they be promoted. In doing so, I argue for what I call negative social rights, to wit, rights that the government does not deprive us of the four types of resources under study if we have come to reply upon them and if by so depriving us it would bring us below the threshold of a minimally decent life.Less
I complete the argument for social rights undertaken in Ch. 1, by looking at differences between negative rights that our autonomy and well‐being be respected, and positive rights, of which social rights are a subset, that they be promoted. In doing so, I argue for what I call negative social rights, to wit, rights that the government does not deprive us of the four types of resources under study if we have come to reply upon them and if by so depriving us it would bring us below the threshold of a minimally decent life.
Maurizio Ferrera
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199284665
- eISBN:
- 9780191603273
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199284660.001.0001
- Subject:
- Political Science, Political Economy
To what extent and in what ways have European integration redrawn the boundaries of national welfare states? What are the effects of such redrawing? These questions are interesting and relevant ...
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To what extent and in what ways have European integration redrawn the boundaries of national welfare states? What are the effects of such redrawing? These questions are interesting and relevant because boundaries “count”: they are a pre-requisite for bonding individuals, groups, and territorial units, and for activating or strengthening their dispositions to share. Historically, welfare state formation can be read as a process of boundary-building — essentially through the establishment of compulsory public insurance schemes. European integration has prompted a reversal of this process: free movement and competition rules have in fact started to challenge the traditional bounding prerogatives of the nation-state in the social sphere. Today, the EU constrains not only the scope and content of bounding decisions (who is entitled to share what), but also the very “right to bound” in the first place. Such constraints have far reaching economic and financial implications. But their social and political implications may be even greater, given the importance of nation-based social sharing for material life chances, cultural identities and legitimation dynamics. As shown by the chapters in this book, reshuffling the “boundaries of welfare” can destabilise the basic architecture of Europe’s national societies and political systems. In order to counter this destabilisation, a carefully designed strategy of institutional reform is needed, capable of reconciling “solidarity” and “Europe” through stronger citizenship rights and more socially friendly regulatory instruments.Less
To what extent and in what ways have European integration redrawn the boundaries of national welfare states? What are the effects of such redrawing? These questions are interesting and relevant because boundaries “count”: they are a pre-requisite for bonding individuals, groups, and territorial units, and for activating or strengthening their dispositions to share. Historically, welfare state formation can be read as a process of boundary-building — essentially through the establishment of compulsory public insurance schemes. European integration has prompted a reversal of this process: free movement and competition rules have in fact started to challenge the traditional bounding prerogatives of the nation-state in the social sphere. Today, the EU constrains not only the scope and content of bounding decisions (who is entitled to share what), but also the very “right to bound” in the first place. Such constraints have far reaching economic and financial implications. But their social and political implications may be even greater, given the importance of nation-based social sharing for material life chances, cultural identities and legitimation dynamics. As shown by the chapters in this book, reshuffling the “boundaries of welfare” can destabilise the basic architecture of Europe’s national societies and political systems. In order to counter this destabilisation, a carefully designed strategy of institutional reform is needed, capable of reconciling “solidarity” and “Europe” through stronger citizenship rights and more socially friendly regulatory instruments.
Diane Elson
- Published in print:
- 2002
- Published Online:
- January 2005
- ISBN:
- 9780199256457
- eISBN:
- 9780191601989
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256454.003.0003
- Subject:
- Political Science, Democratization
This chapter analyses the links between neo-liberal economic policies and women’s substantive enjoyment of human rights. It examines the association between two different discourses: human rights and ...
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This chapter analyses the links between neo-liberal economic policies and women’s substantive enjoyment of human rights. It examines the association between two different discourses: human rights and economic efficiency, and the experience of women, particularly poor women in the era of neo-liberal economic policies. Alternative approaches to economic policy that would promote social justice for poor women are considered.Less
This chapter analyses the links between neo-liberal economic policies and women’s substantive enjoyment of human rights. It examines the association between two different discourses: human rights and economic efficiency, and the experience of women, particularly poor women in the era of neo-liberal economic policies. Alternative approaches to economic policy that would promote social justice for poor women are considered.
Neil Gilbert
- Published in print:
- 2002
- Published Online:
- April 2004
- ISBN:
- 9780195140743
- eISBN:
- 9780199834921
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195140745.003.0007
- Subject:
- Political Science, Comparative Politics
The concept of social solidarity, and the two competing views on its source (Marshall's, which suggests that it stems from the social rights of citizenship; and Durkheim's , which suggests that it ...
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The concept of social solidarity, and the two competing views on its source (Marshall's, which suggests that it stems from the social rights of citizenship; and Durkheim's , which suggests that it stems from intellectual and moral homogeneity, and is advanced through voluntary association) are discussed. The profound implications that these two different views have for the relation between social solidarity and the welfare state are outlined, and the situation in the transition to an enabling state (where there is a contraction of the social rights of citizenship) is discussed, including the possible conflicts between different community groups that may (and do) arise. The last part of the chapter addresses the possibility of shareholding as an alternative foundation for social solidarity to citizenship rights.Less
The concept of social solidarity, and the two competing views on its source (Marshall's, which suggests that it stems from the social rights of citizenship; and Durkheim's , which suggests that it stems from intellectual and moral homogeneity, and is advanced through voluntary association) are discussed. The profound implications that these two different views have for the relation between social solidarity and the welfare state are outlined, and the situation in the transition to an enabling state (where there is a contraction of the social rights of citizenship) is discussed, including the possible conflicts between different community groups that may (and do) arise. The last part of the chapter addresses the possibility of shareholding as an alternative foundation for social solidarity to citizenship rights.
Stuart White
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199266722
- eISBN:
- 9780191601941
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266727.003.0002
- Subject:
- Political Science, Political Economy
Critics of the Third Way in welfare argue that it represents a break with the philosophy of the welfare state characteristic of mainstream social democracy. They argue that the Third Way is not ...
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Critics of the Third Way in welfare argue that it represents a break with the philosophy of the welfare state characteristic of mainstream social democracy. They argue that the Third Way is not genuinely egalitarian. They argue that it embodies ideas about personal responsibility and social duty that are incompatible with a social democratic commitment to a welfare state founded on ‘social rights’. This paper considers these claims. It argues that central Third Way claims about the balancing of rights and responsibilities do in fact fit with the mainstream traditions of social democratic welfare philosophy. However, Third Way thinkers do indeed aspire to a much less ambitious kind of egalitarianism than was aspired to by past generations of social democratic thinkers.Less
Critics of the Third Way in welfare argue that it represents a break with the philosophy of the welfare state characteristic of mainstream social democracy. They argue that the Third Way is not genuinely egalitarian. They argue that it embodies ideas about personal responsibility and social duty that are incompatible with a social democratic commitment to a welfare state founded on ‘social rights’. This paper considers these claims. It argues that central Third Way claims about the balancing of rights and responsibilities do in fact fit with the mainstream traditions of social democratic welfare philosophy. However, Third Way thinkers do indeed aspire to a much less ambitious kind of egalitarianism than was aspired to by past generations of social democratic thinkers.
Jacqueline Heinen and Stéphane Portet
- Published in print:
- 2002
- Published Online:
- January 2005
- ISBN:
- 9780199256457
- eISBN:
- 9780191601989
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256454.003.0005
- Subject:
- Political Science, Democratization
This chapter examines the difference in the status of men and women in Poland, based on the legal changes affecting employment, reproduction, and political representation. It covers the different ...
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This chapter examines the difference in the status of men and women in Poland, based on the legal changes affecting employment, reproduction, and political representation. It covers the different types of rights, the continuity/restructuring of the public-private relationship, new citizenship opportunities and increased marginalization of women, inequalities in the right to work, unemployment and limitations on social rights, prohibition of abortion, and the impact of European integration on equal rights between men and women.Less
This chapter examines the difference in the status of men and women in Poland, based on the legal changes affecting employment, reproduction, and political representation. It covers the different types of rights, the continuity/restructuring of the public-private relationship, new citizenship opportunities and increased marginalization of women, inequalities in the right to work, unemployment and limitations on social rights, prohibition of abortion, and the impact of European integration on equal rights between men and women.
Raymond Plant
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199281756
- eISBN:
- 9780191713040
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199281756.003.0013
- Subject:
- Political Science, Comparative Politics, Political Theory
This chapter focuses on the critique of rights when they extend beyond protecting negative liberty as set out in Chapter 5. First of all, if the idea of negative liberty is defective, then so too is ...
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This chapter focuses on the critique of rights when they extend beyond protecting negative liberty as set out in Chapter 5. First of all, if the idea of negative liberty is defective, then so too is a theory of rights, which limits role to the protection of such liberties. Building on the more comprehensive account of liberty set out in Chapter 10 it is argued that there is no justification for arguing that there is a categorical distinction to be drawn between negative rights to protect individuals from the coercion of others including the state and social and economic or positive rights. This claim does not depend solely upon the argument about freedom but is also based upon a critical analysis of other salient ideas which have been used to reject positive rights such as scarcity, the illusory nature of social justice, and the indefiniteness of corresponding obligations in respect of positive rights.Less
This chapter focuses on the critique of rights when they extend beyond protecting negative liberty as set out in Chapter 5. First of all, if the idea of negative liberty is defective, then so too is a theory of rights, which limits role to the protection of such liberties. Building on the more comprehensive account of liberty set out in Chapter 10 it is argued that there is no justification for arguing that there is a categorical distinction to be drawn between negative rights to protect individuals from the coercion of others including the state and social and economic or positive rights. This claim does not depend solely upon the argument about freedom but is also based upon a critical analysis of other salient ideas which have been used to reject positive rights such as scarcity, the illusory nature of social justice, and the indefiniteness of corresponding obligations in respect of positive rights.
Leah F. Vosko
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574810
- eISBN:
- 9780191722080
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574810.003.0008
- Subject:
- Business and Management, Political Economy, HRM / IR
Chapter 7 assesses three alternatives to the SER: the first advances a ‘tiered SER’ reflecting post‐1990 international labour regulations and convergent approaches within and among nation states ...
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Chapter 7 assesses three alternatives to the SER: the first advances a ‘tiered SER’ reflecting post‐1990 international labour regulations and convergent approaches within and among nation states examined in Chapters 4 to Chapters 6; the second involves creating what Bosch (2004) calls a new ‘flexible SER’; and the third aims to move ‘beyond employment’ as the basis for labour and social protection (Supiot 2001). The beyond employment option goes the furthest towards an integrated approach to regulation, recognizing that addressing precarious employment requires not only new employment norms but transformations in gender relations and citizenship boundaries. However, building beyond employment towards the elimination of the margins of the labour market necessitates combining its proposed mechanisms for de‐linking work and employment status and form from dimensions of labour market insecurity, especially notions of labour market membership and social drawing rights, with visions for transforming caregiving and community membership.Less
Chapter 7 assesses three alternatives to the SER: the first advances a ‘tiered SER’ reflecting post‐1990 international labour regulations and convergent approaches within and among nation states examined in Chapters 4 to Chapters 6; the second involves creating what Bosch (2004) calls a new ‘flexible SER’; and the third aims to move ‘beyond employment’ as the basis for labour and social protection (Supiot 2001). The beyond employment option goes the furthest towards an integrated approach to regulation, recognizing that addressing precarious employment requires not only new employment norms but transformations in gender relations and citizenship boundaries. However, building beyond employment towards the elimination of the margins of the labour market necessitates combining its proposed mechanisms for de‐linking work and employment status and form from dimensions of labour market insecurity, especially notions of labour market membership and social drawing rights, with visions for transforming caregiving and community membership.
Maxine Molyneux and Shahra Razavi (eds)
- Published in print:
- 2002
- Published Online:
- January 2005
- ISBN:
- 9780199256457
- eISBN:
- 9780191601989
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256454.001.0001
- Subject:
- Political Science, Democratization
This book features a collection of empirical and theoretical studies on developments in women’s rights in the 1990s. It is divided into four parts. Part I focuses on the different aspects of ...
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This book features a collection of empirical and theoretical studies on developments in women’s rights in the 1990s. It is divided into four parts. Part I focuses on the different aspects of liberalism and the challenges to its neo-liberal or contractarian form. Part II examines the gender implications of the tensions between orthodox macroeconomic agendas, social rights, and welfare delivery. Part III centres on the place of women’s movements in states and social movements that claim democracy as a legitimising principle. Part IV studies the conflicts between universalism and multiculturalism.Less
This book features a collection of empirical and theoretical studies on developments in women’s rights in the 1990s. It is divided into four parts. Part I focuses on the different aspects of liberalism and the challenges to its neo-liberal or contractarian form. Part II examines the gender implications of the tensions between orthodox macroeconomic agendas, social rights, and welfare delivery. Part III centres on the place of women’s movements in states and social movements that claim democracy as a legitimising principle. Part IV studies the conflicts between universalism and multiculturalism.
Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0004
- Subject:
- Political Science, Political Theory
This chapter grapples with the most controversial topic in the discourse of human rights: distributive justice. The chief questions to be addressed are (1) whether a justice‐based international legal ...
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This chapter grapples with the most controversial topic in the discourse of human rights: distributive justice. The chief questions to be addressed are (1) whether a justice‐based international legal order should include rights of distributive justice (sometimes called social and economic rights) for individuals that exceed the right to the means of subsistence that is already widely recognized in international and regional human rights instruments, and (2) whether international law should recognize not only individuals but collectivities such as states or “peoples” or nations as having rights of distributive justice. To situate these questions, the chapter begins by considering alternative explanations for widespread skepticism about the possibility that distributive justice can have a significant place in the international legal order. The remaining sections of the chapter discuss: I. The Place of Distributive Justice in International Law; II. Reasons for Rejecting a Prominent Role for Distributive Justice in International Law Today; III. Deep Distributive Pluralism; IV. Societal Distributive Autonomy; and V. Institutional Capacity and Lack of Political Will.Less
This chapter grapples with the most controversial topic in the discourse of human rights: distributive justice. The chief questions to be addressed are (1) whether a justice‐based international legal order should include rights of distributive justice (sometimes called social and economic rights) for individuals that exceed the right to the means of subsistence that is already widely recognized in international and regional human rights instruments, and (2) whether international law should recognize not only individuals but collectivities such as states or “peoples” or nations as having rights of distributive justice. To situate these questions, the chapter begins by considering alternative explanations for widespread skepticism about the possibility that distributive justice can have a significant place in the international legal order. The remaining sections of the chapter discuss: I. The Place of Distributive Justice in International Law; II. Reasons for Rejecting a Prominent Role for Distributive Justice in International Law Today; III. Deep Distributive Pluralism; IV. Societal Distributive Autonomy; and V. Institutional Capacity and Lack of Political Will.
Mark Bell
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.003.0006
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to ...
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This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to bring about equality by giving individuals a right to challenge discrimination through litigation before courts or other adjudicatory bodies. In contrast, the promotion of social inclusion has been more typically linked with policy-based mechanisms, not amenable to judicial enforcement. A dichotomy thus arises between two pathways for advancing equality: antidiscrimination and social inclusion. The chapter begins by reviewing in more detail the characteristics, strengths, and pitfalls of each of these two approaches. It then seeks to explore whether these approaches might be brought together and, to this end, it examines the European Social Charter, which appears to marry some of the qualities of both approaches. It is an instrument of international law, yet it has a holistic outlook on social rights and their implementation in practice. In order to make a more concrete assessment of the Charter's potential to promote equality, two discrete case studies are considered, focusing on the social situation of Travellers in Ireland and Roma in Italy.Less
This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to bring about equality by giving individuals a right to challenge discrimination through litigation before courts or other adjudicatory bodies. In contrast, the promotion of social inclusion has been more typically linked with policy-based mechanisms, not amenable to judicial enforcement. A dichotomy thus arises between two pathways for advancing equality: antidiscrimination and social inclusion. The chapter begins by reviewing in more detail the characteristics, strengths, and pitfalls of each of these two approaches. It then seeks to explore whether these approaches might be brought together and, to this end, it examines the European Social Charter, which appears to marry some of the qualities of both approaches. It is an instrument of international law, yet it has a holistic outlook on social rights and their implementation in practice. In order to make a more concrete assessment of the Charter's potential to promote equality, two discrete case studies are considered, focusing on the social situation of Travellers in Ireland and Roma in Italy.
Amir Paz-Fuchs
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199237418
- eISBN:
- 9780191717192
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237418.003.0002
- Subject:
- Law, Employment Law
This chapter focuses on the intersection between the two fundamental pillars under investigation: the social contract and the welfare state. The social contract provides the normative platform for ...
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This chapter focuses on the intersection between the two fundamental pillars under investigation: the social contract and the welfare state. The social contract provides the normative platform for conditionality as it is expressed with respect to the relationship between the individual and the state. In addition, social contract paradigm has jurisprudential implications, that concern the conceptualization of rights and the legitimacy of placing conditions upon them. This new construction has the potential to make a significant impact on the value ascribed to rights in society. The critiques that the choice and interest theories of rights have levelled against each other are helpful in introducing this point. The fear is that rights will be seen to reflect no more than the aggregate of interests in a particular context, leaving them conceptually redundant.Less
This chapter focuses on the intersection between the two fundamental pillars under investigation: the social contract and the welfare state. The social contract provides the normative platform for conditionality as it is expressed with respect to the relationship between the individual and the state. In addition, social contract paradigm has jurisprudential implications, that concern the conceptualization of rights and the legitimacy of placing conditions upon them. This new construction has the potential to make a significant impact on the value ascribed to rights in society. The critiques that the choice and interest theories of rights have levelled against each other are helpful in introducing this point. The fear is that rights will be seen to reflect no more than the aggregate of interests in a particular context, leaving them conceptually redundant.
Jochen Clasen
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199270712
- eISBN:
- 9780191603266
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199270716.003.0002
- Subject:
- Political Science, Political Economy
The chapter puts the book into the context of the contemporary discussion on welfare state reform, and reflects on major concepts and guiding notions, such as retrenchment, re-calibration, and ...
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The chapter puts the book into the context of the contemporary discussion on welfare state reform, and reflects on major concepts and guiding notions, such as retrenchment, re-calibration, and restructuring. It argues in favour of a robust conceptualisation and operationalisation of the ‘dependent variable’, combining both quantitative parameters, such as social spending, with qualitative ‘social rights’ indicators. Furthermore, the chapter underlines the interest both in capturing changes in policy direction (expansion or retrenchment) as well as in assessing policy profiles or patterns of change.Less
The chapter puts the book into the context of the contemporary discussion on welfare state reform, and reflects on major concepts and guiding notions, such as retrenchment, re-calibration, and restructuring. It argues in favour of a robust conceptualisation and operationalisation of the ‘dependent variable’, combining both quantitative parameters, such as social spending, with qualitative ‘social rights’ indicators. Furthermore, the chapter underlines the interest both in capturing changes in policy direction (expansion or retrenchment) as well as in assessing policy profiles or patterns of change.
Richard Youngs
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199274468
- eISBN:
- 9780191602030
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274460.003.0005
- Subject:
- Political Science, Democratization
This chapter discusses the evolution of Western actors’ democracy-related strategies. Governments, businesses and NGOs all showed increased concern for democratic trends, but their strategies were ...
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This chapter discusses the evolution of Western actors’ democracy-related strategies. Governments, businesses and NGOs all showed increased concern for democratic trends, but their strategies were beset by uncertainty and ambivalence. A general feature to emerge was a common concern for encouraging islands of liberal rights protection, combined with a reluctance to link this to primary and overarching macro-level action on democracy.Less
This chapter discusses the evolution of Western actors’ democracy-related strategies. Governments, businesses and NGOs all showed increased concern for democratic trends, but their strategies were beset by uncertainty and ambivalence. A general feature to emerge was a common concern for encouraging islands of liberal rights protection, combined with a reluctance to link this to primary and overarching macro-level action on democracy.
