자유주의와 복지권
Liberalism and Welfare Rights
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In this paper I discuss that the separation of the first-generation right from second-generation right is meaningless. What I have in mind about the relationship between first-(civil and political rights) and second-generation(social and economic) rights is the proliferation of rights that has not been through idea of equality, but, without prejudice, the definition of ‘freedom’it self, in particular, including the impotance for freedom of material well-being. To reason this, I borrow from T.H. Marshall’s theory. In order to pursue the importance of welfare rights in liberalism, I focuses on Isaiah Berlin’s thought, “liberty is one thing, and the condition for it are another”. This conviction was reflected on even John Rawls’s A Theory of Justice, in which the two principles of justice is bound up together. Modern classical liberalism-such as John Locke-at least includes social welfare rights in liberal rights theory. J. Waldron’s libertarianism or liberalism is read from Rawls’s lexical priorities for liberty. I argue that welfare right governed by the second principle is implicated in citizenship as a membership based on consent in original position. Following Waldron’s thought, I support a social minimum as a standard to enforce welfare rights as general and unconditional right. From Article 22 to Article 27 of Universal Declaration of Human Rights is the definition of welfare rights used throughout this essay.
Abstract
In this paper I discuss that the separation of the first-generation right from second-generation right is meaningless. What I have in mind about the relationship between first-(civil and political rights) and second-generation(social and economic) rights is the proliferation of rights that has not been through idea of equality, but, without prejudice, the definition of ‘freedom’it self, in particular, including the impotance for freedom of material well-being. To reason this, I borrow from T.H. Marshall’s theory. In order to pursue the importance of welfare rights in liberalism, I focuses on Isaiah Berlin’s thought, “liberty is one thing, and the condition for it are another”. This conviction was reflected on even John Rawls’s A Theory of Justice, in which the two principles of justice is bound up together. Modern classical liberalism-such as John Locke-at least includes social welfare rights in liberal rights theory. J. Waldron’s libertarianism or liberalism is read from Rawls’s lexical priorities for liberty. I argue that welfare right governed by the second principle is implicated in citizenship as a membership based on consent in original position. Following Waldron’s thought, I support a social minimum as a standard to enforce welfare rights as general and unconditional right. From Article 22 to Article 27 of Universal Declaration of Human Rights is the definition of welfare rights used throughout this essay.
참고문헌 (13)
- J. Waldron, "Liberal Rights" (1993), Cambridge University Press
- J. Waldron, "The Right to Private Property" (1988), Clarendon Press
- J. Rawls, "정의론" (2002), 이학사
- Isaiah Berlin, "자유론" (2006)
- Henry Shue, "Basic Rights: Subsistence, Affluence and U.S. Foreign Policy" (1980)
- J. Locke, "통치론" (2003), 까치
- T. H. Marschall, "Citizenship and Social Class" (1964)
- 로버트 노직, "아나키에서 유토피아로" (1983), 문학과 지성사
- M. Walzer, "Spheres of Justice" (1984)
- Jeremy Bentham, "The Theory of Legislation" (1931)
- F. A. Hayek, "The Constitution of Liberty" (1960)
- Hannah Arendt, "On Revolution" (1973)
- Aristotle, Politics, "정치학" (2003), 박영사