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On Social Rights from an Analytical and Philosophical Perspective

Prof. dr hab. Wojciech Załuski

Jagiellonian University in Kraków


Abstract:
The paper examines the concept of social rights from both the analytical and philosophical perspective. In the first part of the paper a distinction is made between social rights in the strict sense (called in the paper “Type 1 social rights”), which can be decomposed into the Hohfeldian incidents, and social rights which resemble norm-goals and therefore cannot be decomposed into the Hohfeldian incidents (these rights are called in the paper “Type 2 social rights”). It is argued that even though Type 1 social rights are rights in the strict sense, they exhibit certain idiosyncrasies distinguishing them from “classical” rights, among which the most striking idiosyncrasy is their double correlation to duties. The second, philosophical part presents various ways in which social rights can be justified. A special emphasis is laid on the justification appealing to the concept of autonomy. Some standard criticisms of social rights are also evaluated.

Language: English

Keywords: social rights, Hohfeldian incidents, autonomy, paternalism, subsidiarity principle

Published: Number 2(13)/2016, pp. 76-84.

DOI: https://doi.org/10.36280/AFPiFS.2016.2.76

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Filed Under: Articles Tagged With: autonomy, Hohfeldian incidents, paternalism, social rights, subsidiarity principle, Wojciech Załuski

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Keywords

syllogistic model for application of the law Marta Soniewicka international law Japanese criminal law human being John M. Finnis Noam Chomsky Christine Korsgaard Constitutional Tribunal religious argumentation Integrative Theory of Law practical reasoning modernity aims of rule of law Leon Festinger limitations of the lawyers’ power self-agency cultural defence legal guarantees of advocates’ activity aretaic theory Piyel Haldar Michał Araszkiewicz criminalization of commercialization of trade in organs ratio legis guilt language of law decision-making Sławomir Tkacz personal traits Aleksander Olaf Szpojankowski subjectivity/structure judicial character conventionalism Walzer legal advisors Rafał Mańko codification civil law scrivener’s error Maciej Dybowski Adrian Zając Dawid Bunikowski Natural kinds in dubio pro reo ethical justification effectiveness of law thick properties mediation nostalgia neopragmatism

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