Abstract
Political theory has a good deal to say both for and against the establishment of the modern welfare state. As one might expect, most of that discussion is directed toward the expanded set of basic rights that the state confers on its members. In its most canonical form, the welfare state represents a switch in vision from the regime of negative rights in the nineteenth century to the regime of positive rights so much in vogue today. Negative rights—an inexact and somewhat misleading term— stress the right of an individual to be free from certain kinds of external interventions. These rights arrange themselves on two basic lists. The first list generates a set of civil capacities that all individuals enjoy over their own labor and property: the right to contract, to make wills, to sue and be sued, to give evidence, and the like. The second list, from which the term “negative rights” derives, protects all persons from interference, either by force or by fraud, in the conduct of their own affairs. The resulting set of rights is short, snappy, and knowable; it is internally consistent; and it prepares the stage for productive human behavior (exchange) while limiting destructive forms of behavior (theft). Even though it is not couched in explicit utilitarian language, it can surely be defended on general functional grounds.
Publisher
Cambridge University Press (CUP)
Subject
General Social Sciences,Philosophy
Reference51 articles.
1. Matter of Baby K, 16 F.3d 590 (4th Cir. 1994).
2. No Room at the Inn: A Snapshot of an American Emergency Room
3. Who Cares? The Evolution of the Legal Duty to Provide Emergency Care;Rothenberg;Houston Law Review,1989
4. Equal Access to Health Care: Patient Dumping— Hearing before the Subcommittee on Human Resources and Intergovernment Relations of the House Committee on Government Operations, 100th Congress, 1st session, 1987, pp. 14–20.
5. Henningsen v. Bloomfield Motors, Inc., 161 A.2d 69 (N.J. 1960).
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