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Two— Socioeconomic Rights and American Conceptions of Distributive Justice

1. On the history of social programs, see Gaston V. Rimlinger, Welfare Policy and Industrialization in Europe, America, and Russia (New York: Wiley, 1971), chap. 4. For an interpretation that grants beneficiary rights a lengthier history, see Iredell Jenkins, Social Order and the Limits of Law: A Theoretical Essay (Princeton: Princeton University Press, 1980), pp. 246-67 and 312-23. [BACK]

2. For Beveridge's proposals, see his Social Insurance and Allied Ser- soft

vices (New York: Macmillan, 1942). On the limits of wartime solidarity, see Paul Adams, Health of the State (New York: Praeger, 1982). And on changes in British programs since the war, see Hugh Heclo, Modern Social Politics in Britain and Sweden: From Relief to Income Maintenance (New Haven: Yale University Press, 1974), chaps. 3-5. [BACK]

3. The corporatist democracies are the Netherlands, Belgium, Sweden, Norway, Austria, and the Federal Republic of Germany. See Harold L. Wilensky, "Democratic Corporatism, Consensus, and Social Policy: Reflections on Changing Values and the 'Crisis' of the Welfare State," in OECD, The Welfare State in Crisis: An Account of the Conference on Social Policies in the 1980s (Paris: OECD, 1981), pp. 185-95. And compare with Gary Freeman, "France's Social Welfare Policy," in Fredric Bolotin and Jack Desario, eds., International Public Policy Sourcebook (Westport, Conn.: Greenwood, forthcoming). [BACK]

4. Compare with Friedrich A. Hayek, The Mirage of Social Justice, vol. 2 of Law, Legislation, and Liberty (Chicago: University of Chicago Press, 1976); Milton Friedman, Capitalism and Freedom (Chicago: University of Chicago Press, 1962). [BACK]

5. Joel Feinberg, "The Nature and Value of Rights," in Joel Feinberg and Hyman Gross, eds., Philosophy of Law, 2d ed. (Belmont, Calif.: Wadsworth, 1980), p. 278. [BACK]

6. I am using consciousness in Julian Jaynes's "analog I" sense; see his The Origins of Consciousness in the Breakdown of the Bicameral Mind (Boston: Houghton Mifflin, 1976), pp. 59-66. [BACK]

7. Raymond Plant, Harry Lesser, and Peter Taylor-Gooby, Political Philosophy and the Welfare State: Essays on the Normative Basis of Welfare Provision (London: Routledge and Kegan Paul, 1980), p. 36. For a seminal argument on the coequal status of freedom and well-being, see Alan Gewirth, "The Basis and Content of Human Rights," in J. Roland Pennock and John W. Campbell, eds., Nomos 23: Human Rights (New York: New York University Press, 1981), pp. 148-57. In a related vein see Larry M. Preston, "Freedom, Markets, and Voluntary Exchange," American Political Science Review 78 (December 1984): 959-70. [BACK]

8. For one formulation of freedom as a prerequisite and a right, see H. L. A. Hart, "Are There Any Natural Rights?" in Anthony Quinton, ed., Political Philosophy (Oxford: Oxford University Press, 1967), pp. 53-66. On material needs as a prerequisite and a right, see T. H. Marshall, "Citizenship and Social Class," in Sociology at the Crossroads and Other Essays (London: Heinemann, 1963), pp. 67-127. Clearly the importance of such needs was widely recognized by human cultures prior to the arrival of the market society; see Karl Polanyi, The Great Transformation: The Political and Economic Origins of Our Time (Boston: Beacon, 1957), especially chap. 4. break [BACK]

9. Susan Moller Okin, "Liberty and Welfare: Some Issues in Human Rights Theory," in Pennock and Chapman, Nomos 23, pp. 230-56, especially p. 244. [BACK]

10. See Charles E. Lindblom, Politics and Markets: The World's Political-Economic Systems (New York: Basic Books, 1977), pp. 43-50; C. B. Macpherson, Democratic Theory: Essays in Retrieval (Oxford: Oxford University Press, 1973), pp. 143-47, and Macpherson's introduction and conclusion to Property: Mainstream and Critical Positions (Toronto: University of Toronto Press, 1978). See also the essays in Adrian Ellis and Krishan Kumar, eds., Dilemmas of Liberal Democracies: Studies in Fred Hirsch's "Social Limits to Growth" (London: Tavistock, 1983), particularly Raymond Plant, "Hirsch, Hayek, and Habermas: Dilemmas in Distribution," pp. 45-64, and Krishan Kumar, ''Pre-Capitalist and Non-Capitalist Factors in the Development of Capitalism: Fred Hirsch and Joseph Schumpeter," pp. 148-73. [BACK]

11. Bernard Williams, "The Idea of Equality," in Peter Laslett and W. G. Runciman, eds., Philosophy, Politics, and Society, 2d ser. (New York: Barnes and Noble, 1962), particularly pp. 122-23. In this regard, compare Plato's related argument in The Republic, bk. 1. [BACK]

12. Robert Nozick, Anarchy, State, and Utopia (New York: Basic Books, 1973), particularly chap. 7. [BACK]

13. Henry Shue, Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy (Princeton: Princeton University Press, 1980), especially pp. 114-19. [BACK]

14. This distinction follows the divisions of negative and positive liberty made by Isaiah Berlin, "Two Concepts of Liberty," in Four Essays on Liberty (Oxford: Oxford University Press, 1969), pp. 118-72; see also pp. xliii-xlvii. [BACK]

15. These examples draw on Shue's ideas; see his Basic Rights, pp. 37-46. [BACK]

16. This distinction is made by Jenkins, Social Order, pp. 246-67. [BACK]

17. Jan Narveson, "Human Rights: Which, If Any, Are There?" in Pennock and Chapman, Nomos 23, pp. 175-97. [BACK]

18. Sidney Verba, Norman H. Nie, and Jae-on Kim, Participation and Political Equality: A Seven-Nation Comparison (New York: Cambridge University Press, 1978). [BACK]

19. Frances Fox Piven and Richard A. Cloward, The New Class War: Reagan's Attack on the Welfare State and Its Consequences (New York: Pantheon, 1982); Polanyi, Great Transformation, pp. 225-26. [BACK]

20. Donald W. Jackson, "'Public Police Thyselves': Deadly Force and the Ethos of British Policing," paper presented at the 1984 annual meeting of the Academy of Criminal Justice Society, Chicago, March 27-31, pp. 10-11. break [BACK]

21. David Miller, "Democracy and Social Justice," British Journal of Political Science 8 (January 1978): 1-19. [BACK]

22. See Miller, "Democracy and Social Justice" for political rights; for a similar approach to socioeconomic rights, see George Gilder, Wealth and Poverty (New York: Basic Books, 1981), chaps. 5 and 6. [BACK]

23. Maurice Cranston, "Are There Any Human Rights?" Daedalus 112 (Fall 1981): 12. [BACK]

24. For an alternative formulation see Lee Rainwater, "Persistent and Transitory Poverty: A New Look," Working Paper no. 70, Joint Center for Urban Studies of MIT and Harvard University, June 1981. On the general principle of delimiting such needs contrast William Leiss, The Limits to Satisfaction: Essay on the Problem of Needs and Commodities (Toronto: Toronto University Press, 1976) with Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality (New York: Basic Books, 1983), chap. 3; William A. Galston, Justice and the Human Good (Chicago: University of Chicago Press, 1980). [BACK]

25. As indicated in the previous chapter, this book does not focus on the small minority of working-aged adults who are physiologically or psychologically unable to contribute to the social product; accordingly, I will direct only occasional attention to them. [BACK]

26. Walzer, Spheres of Justice, p. xv. [BACK]

27. See Jack Donnelly, "Human Rights and Human Dignity: An Analytic Critique of Non-Western Conceptions of Human Rights," American Political Science Review 76 (June 1982): 103-16; David Miller, Social Justice (Oxford: Oxford University Press, 1976), pp. 257-86 and 317-35. [BACK]

28. Walzer, Spheres of Justice, pp. 3-5 and 13-16, argues that different spheres of social life call for distinct criteria of distributive justice. For instance, Walzer believes that people ought to have equal access to basic material goods, but that markets are appropriate for distributing more rarefied goods such as investment counseling. [BACK]

29. Compare with Cranston, "Are There Any Human Rights?" p. 13, who suggests that positive rights carry such obligations. [BACK]

30. Harold L. Wilensky, The Welfare State and Equality: Structural and Ideological Roots of Public Expenditures (Berkeley: University of California Press, 1975), pp. 87-96; Benjamin I. Page, Who Gets What from Government (Berkeley: University of California Press, 1983), especially chaps. 3 and 6. [BACK]

31. For a disturbing view of these problems, see Carolyn Weaver, The Crisis in Social Security: Economic and Political Origins (Durham, N.C.: Duke University Press, 1982). [BACK]

32. President's Commission on Income Maintenance Programs [Heineman Commission] Poverty Amid Plenty: The American Para- soft

dox—Background Papers (Washington, D.C.: U.S. Government Printing Office, 1969), p. 166. [BACK]

33. Ronald Dworkin, Taking Rights Seriously (Cambridge: Harvard University Press, 1977), pp. 90-94. [BACK]

34. Jennifer L. Hochschild, What's Fair? American Beliefs About Distributive Justice (Cambridge: Harvard University Press, 1981), p. 280. See also pp. 183-86, on conflicts between political and economic norms; pp. 254-57, on the interweaving of egalitarian and classical liberal concepts; pp. 279-81, on poverty as a structural problem. [BACK]

35. Contrast Joel D. Aberbach, Robert D. Putnam, and Bert A. Rockman, Bureaucrats and Politicians in Western Democracies (Cambridge: Harvard University Press, 1981), especially chap. 3, with two narrower studies: David Vogel, "Why Businessmen Distrust Their State: The Political Consciousness of American Corporate Executives," British Journal of Political Science 8 (January 1978): 45-78; Charles Lockhart, "Values and Policy Conceptions of Health Policy Elites in the United States, the United Kingdom, and the Federal Republic of Germany," Journal of Health Politics, Policy and Law 6 (Spring 1981): 98-119. [BACK]

36. On egalitarian beliefs among public-sector elites, see Aberbach, Putnam, and Rockman, Bureaucrats and Politicians, chap. 5. On the limited utility of addressing egalitarian arguments to elites, see Sidney Verba and Gary R. Orren, Equality in America: The View From the Top (Cambridge: Harvard University Press, 1985). [BACK]

37. A common term to apply to this latter preference is maximin; see Douglas Rae et al., Equalities (Cambridge: Harvard University Press, 1981), chap. 6. But this technical term denotes the uplifting of the minimum, a concern distinct from typical American concerns for simply having a minimum. See Verba and Orren, Equality in America, chap. 4. [BACK]

38. Ken Auletta, The Underclass (New York: Random House, 1982). [BACK]

39. See Page, Who Gets What; Peter Townsend, Poverty in the United Kingdom: A Survey of Household Resources and Standards of Living (Berkeley: University of California Press, 1979); Jennifer G. Schirmer, The Limits of Reform: Women, Capital, and Welfare (Cambridge, Mass.: Schenkman, 1982). [BACK]

40. On these points see Macpherson's arguments in Democratic Theory, pp. 145-47, and Property, pp. 1-13 and 199-207. See also Ellis and Kumar, Dilemmas of Liberal Democracies; Lindblom, Politics and Markets, pp. 43-50. [BACK]

41. See Joel Feinberg, Doing and Deserving: Essays in the Theory of Responsibility (Princeton: Princeton University Press, 1970). [BACK]

42. See Nozick, Anarchy, State, and Utopia, pp. 224-27; Hayek, Mirage of Social Justice . break [BACK]

43. For a pithy rebuttal of this view, see Macpherson, Democratic Theory, pp. 145-47; Preston, "Freedom, Markets and Voluntary Exchange." [BACK]

44. Heclo, Modern Social Politics, pp. 1-10. [BACK]

45. For more detail on this point see Winifred Bell, Aid to Dependent Children (New York: Columbia University Press, 1965), p. 182. [BACK]

46. Hochschild, What's Fair? p. 75. [BACK]

47. Polanyi, Great Transformation, pp. 79-88. [BACK]


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