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30 - Natural Law and Socioeconomic Rights

from Part V - Rival Interpretations and Interpretive Principles

Published online by Cambridge University Press:  03 November 2022

Tom Angier
Affiliation:
University of Cape Town
Iain T. Benson
Affiliation:
University of Notre Dame, Australia
Mark D. Retter
Affiliation:
University of Cambridge
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Summary

Contemporary thought on human rights is rooted in significant part in the soil of natural law theory. Some natural law theorists embrace the idea of enforceable rights to a range of desirable socioeconomic outcomes. But natural law theory is best understood as grounding rights that foster these outcomes indirectly. Such rights, as I envision them, qualify as socioeconomic rights because they directly concern the socioeconomic sphere and because they further those aspects of flourishing which alternative schemes of socioeconomic rights are often intended to protect. There is, I suggest, a plausible natural law case to be made for indirectly promoting these dimensions of well-being by enforcing legal rights to bodily integrity, property, and labor, and so accepting robust limits on the use of force. In this chapter, I lay the groundwork for an exploration of that case by elaborating the variety of natural law theory in which I seek to ground my understanding of socioeconomic rights. I go on to discuss norms germane to the institutional context of socioeconomic life and to propose a set of fundamental socioeconomic rights and briefly consider the significance of these rights.

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Publisher: Cambridge University Press
Print publication year: 2022

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