David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Within the catalogue of rights, whether conceived in constitutional or international terms, economic and social rights are said to be especially indeterminate. This Article inquires into the conceptual foundations of a minimum core of economic and social rights. The concept of the minimum core has been applied to provide determinacy and even justiciability to the rights to food, health, housing, and education, and also (most ambitiously) to give substance to minimum legal obligations in both national and global distributive justice debates. This Article brings together the methodological insights of comparative constitutional law and international human rights, and traces the ways in which concepts are borrowed from each field. By doing so, this Article disaggregates three contrasting approaches to giving content to the minimum core - that of ascertaining the normative essence, minimum consensus or minimum obligation of economic and social rights. This Article further demonstrates how each approach is ultimately unable to provide an account that satisfies the proclaimed aims of the minimum core's proponents. It ends by gesturing towards alternative ways of approaching a universalized discourse of minimums in economic and social rights.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Hani Ofek-Ghendler (2009). Globalization and Social Justice: The Right to Minimum Wage. Law and Ethics of Human Rights 3 (2):267-300.
Glen Whitman (1996). Myth, Measurement, and the Minimum Wage: Sound and Fury Signifying What? Critical Review 10 (4):607-619.
Marcelo Neves (2007). The Symbolic Force of Human Rights. Philosophy and Social Criticism 33 (4):411-444.
R. T. Meulen (2011). How 'Decent' Is a Decent Minimum of Health Care? Journal of Medicine and Philosophy 36 (6):612-623.
Audrey R. Chapman (2009). Globalization, Human Rights, and the Social Determinants of Health. Bioethics 23 (2):97-111.
James W. Nickel (2005). Winner of The Philosophical Quarterly Essay Prize 2004: Poverty and Rights. Philosophical Quarterly 55 (220):385 - 402.
Dale Dorsey (2012). The Basic Minimum: A Welfarist Approach. Cambridge University Press.
Added to index2009-01-28
Total downloads21 ( #186,489 of 1,911,837 )
Recent downloads (6 months)1 ( #458,984 of 1,911,837 )
How can I increase my downloads?