8.3.3 |
SOCIAL AND ECONOMIC RIGHTS |
Those who contrast political and civil rights with social
and economic rights usually regard rights in the first category
as active and those in the second as passive. While
it is not always true or clear that so-called 'political and
civil' rights are active, or active only, it is not that simple
either that so-called 'socioeconomic' rights are always passive,
or passive in every respect.
Socioeconomic rights are closely associated with the right to
property. Altho historically the right to or of property has
usually been mentioned in the same breath with 'basic' rights
as the right to life and liberty, it may be considered a
socioeconomic right itself. It has also been subjected to
diverse interpretations in the course of history. Some of these
interpretations are: a right 'in or to material things', a right
'to a revenue', a right 'not to be excluded from access to the
means of labor' and --it has been claimed-- a right 'to a kind
of society essential to a fully human life'. The latter right or
interpretation of the right of property can hardly be divorced
(if at all) from such socioeconomic alleged rights as the right
'to live decently', 'to a standard of living adequate for one's
health and well-being', 'to social security', 'to be rescued
from impending death', 'to work' and 'to education'. It is most,
or all, of these rights which have been labeled
"welfare-rights".
Insofar as the right to or of property and (other) socioeconomic
rights demand only other people's noninterference, they
may be conceived of as
extrinsic general rights correlating with
a purely nonactivating duty. Property in the right of
property as a moral right must then be understood in the
normative sense. Thus the extrinsic right of or to property
applies solely to noninterference with what is morally or
normatively speaking one's own. Interference with what may be
legally or traditionally 'one's own', or 'one's own' according
to some factual system of social norms, need not be interference
in the normative sense of an
extrinsic right-duty constellation.
It may be an action which concerns something that truly belongs
to someone else or to the whole community, or to all people to
start with. Of course, it would be ideal if everything that is
property in the normative sense would also be legal or social
property, and vice versa, yet this is only contingently so. In
the next chapter
we will examine what property could mean in
the normative sense, but so far as an extrinsic right of or to
property and other socioeconomic rights are concerned, they must
certainly not rest on principles which are 'doctrinal' in the sense of
non-metadoctrinal.
This encompasses what has been called "the right to
treatment as an equal", that is, "to equal concern and respect
in the decision about how goods and opportunities are to be
distributed". Note, however, that also this right is only
extrinsic insofar as the goods and opportunities may be considered
natural givens, whose existence and availability does not
depend on anyone's or any agency's active performance.
Let us assume that everyone would possess and control what
'e
does own from the extrinsic normative perspective. Then it might
be that everyone's revenues would be sufficient to keep
'im alive, to pay for
'er own or 'er children's healthcare
and education, and maybe, even for a few luxuries. It might also be
that, even tho everyone possessed and controlled what 'e 'extrinsically'
owned, some people would still die of starvation.
However unfortunate this is from a doctrinal point of
view, it remains a contingent matter how much everyone would own,
especially whether this is enough for a 'decent living' or not.
In this respect the extrinsic right of or to property is not
moral at all; it is 'metamoral', so to say. (Even appealing to
the extrinsic rights to life or liberty does not help, as they
are discretionary rights. And the principles of life and liberty
are doctrinal principles which only indirectly generate an
intrinsic right to life and an intrinsic right to liberty.)
Intrinsic socioeconomic rights guarantee a certain standard
of living. This may be a 'minimum' standard of living, an equal
standard or something in between, whether this standard can
be obtained by means of what one already possessed oneself or
not. According to these rights the standard is not contingent on
what one happens to own from an extrinsic normative perspective,
or for that matter, legally, traditionally or socially. This
makes them into intrinsic general rights, primarily because they
may (and in practise do) require activation of others to bring
the standard of living of everyone up to a 'minimum' level, the
same level or somewhere in between. On the basis of a teleological
principle of beneficence, of equality, or similar principles,
those people or groups who are wealthy have the general
intrinsic, activating duty to do good and to give; the poor who
live under substandard conditions have the general intrinsic
right to a minimum to equal welfare and to what is given to them
to attain this. Maybe, they also had the extrinsic right to
control and use what is given to them, because they were already
the normative owners of the goods concerned (or of the equivalent
share of capital), but in this context that is merely of
secondary significance.
Those who are or will be disadvantaged by the transfer of
goods from the rich to the poor, or the poorest, have the
intrinsic duty and the half-right to accept this disadvantage.
On an international scale one indirect right accompanying this
duty is a disadvantaged country's right to (and greater chance
of) a peaceful international community; on a national scale, a
disadvantaged group or person's right to a peaceful society. All
these socioeconomic duties and rights, and accompanying duties
and rights, are general in that they are not addressed to any
person, group or country by name or in particular.
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