David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Social Philosophy and Policy 24 (1):266-288 (2007)
One new form of liberalism is a doctrine that might be called Constitutional Welfare Liberalism. It stands in some continuity with the varieties of welfare and equality oriented liberalism that emerged in the Nineteenth Century and which found expression in the U.S. in political movements like the New Deal of F.D.R. and the Great Society of L.B.J. Constitutional Welfare Liberalism differs somewhat from earlier versions of Welfare Liberalism in that it claims to be solidly grounded in the fundamentals of the liberal tradition and of the American Constitution. Advocates of Constitutional Welfare Liberalism would replace what they call the “negative-liberties model” of the Constitutional order with a “benefits model.” They rest their case on an analysis of rights that denies the meaningfulness of the common distinction between negative and positive rights. Some advocates of Constitutional Welfare Liberalism also base their claims on the positive empowerments and ends of government as expressed in the Preamble to the Constitution. It is shown here via an analysis of the negative/positive rights distinction that the distinction is indeed meaningful when understood more accurately than Constitutional Welfare Liberalism theorists do. Likewise it is shown that neither the general character of the Constitution as an empowerment of government, nor the particular goals stated in the Preamble imply the benefits model.
|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
Michel Rosenfeld (2010). The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community. Routledge.
John Tomasi (1994). Community in the Minimal State1. Critical Review 8 (2):285-296.
Richard Ashcraft (1992). Liberalism and the Problem of Poverty. Critical Review 6 (4):493-516.
Norman P. Barry (1990). The Philosophy of the Welfare State. Critical Review 4 (4):545-568.
F. Rosen (1992). Bentham, Byron, and Greece: Constitutionalism, Nationalism, and Early Liberal Political Thought. Oxford University Press.
Alan Brudner (2007). Constitutional Goods. Oxford University Press.
J. Donald Moon (ed.) (1988). Responsibility, Rights, and Welfare: The Theory of the Welfare State. Westview Press.
Jacob T. Levy (2007). Federalism and the Old and New Liberalisms. Social Philosophy and Policy 24 (1):306-326.
Sotirios A. Barber (2007). Liberalism and the Constitution. Social Philosophy and Policy 24 (1):234-265.
Added to index2009-01-28
Total downloads27 ( #114,246 of 1,726,249 )
Recent downloads (6 months)1 ( #369,877 of 1,726,249 )
How can I increase my downloads?