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I am fascinated by social
contract theory and its application to morals.
Fred has pointed out that it may give us a
solid foundation that metaphysics, conceptual
analysis, and science cannot provide. But I
don't want to leave you with the impression
that I think that the only way to argue for a
right to be provided with a modest level of
basic material resources is by positing a
social contract.
I have already mentioned
that Alan Gewirth argued that we had to
acknowledge a right to freedom and well-being
if we were to avoid contradicting ourselves.
Now I want to add that James Griffin also
argued for a right to what he called a right
to welfare. Recall that he bases his theory of
rights on the concept of personhood.
Personhood or moral agency is what we value,
and human rights are the means of protecting
it. Listen to what he says about welfare
rights.
The intuitive
case for a human right to
welfare goes something like this.
Human rights are protections of human
standing. We attach a high value to
our living as normative agents -- our
autonomously choosing and freely
pursuing our conception of a
worthwhile life. Then it is not
surprising that we should include
among human rights, as indeed the
tradition did from the start, not only
a right to liberty but also a right to
life. If human rights are protections
of a form of life that is autonomous
and free, they should protect life as
well as that form of it. But if they
protect life, must they not also
ensure the wherewithal to keep body
and soul together -- that is, some
minimum material provision? And as
mere subsistence -- that is, keeping
body and soul together -- is too
meagre to ensure normative agency,
must not human rights guarantee also
whatever leisure and education and
access to the thought of others that
are also necessary to being a
normative agent? [James Griffin, On
Human Rights, p. 179.]
Now, Griffin is not arguing
for as much as I included in my ideal society.
I believe that we should develop a system of
rights, including property rights, that gives
each person the basic resources that will
allow that person, with significant effort, to
develop his or her capacities and pursue his
or her notion of a good life. Nevertheless,
Griffin's argument gives us another road to a
more limited right to whatever is necessary to
maintain our status as normative agents. I
think his theory provides for a minimum, while
my ideal goes beyond that minimum to advocate
something more. Even if you reject a
contractarian basis for a right to material
resources, you still have to deal with
Griffin's argument.
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