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The Ultimate Rule of Law$
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David M. Beatty

Print publication date: 2004

Print ISBN-13: 9780199269808

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199269808.001.0001

Fraternity

Chapter:
(p. 119 ) 4 Fraternity
Source:
The Ultimate Rule of Law
Author(s):

David M. Beatty

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199269808.003.04

Over time, in many parts of the world, the vocabulary of moral duties and charitable obligations was supplemented and largely replaced by a rhetoric of rights. The right to food, housing, healthcare, education, and a basic measure of general well-being are now part of a ‘lingua franca’ everyone speaks. Most of the constitutions that were written after World War II make some mention of social and economic rights, although they vary greatly both in substance and style. This chapter examines philosophical objections to social and economic rights, the views of legal scholars of Cass Sunstein and Dennis Davis on constitutional claims of fraternity, legal enforcement of social and economic rights, the right to work, the right to the necessities of life, the justice of fair shares, and the law of fair shares.

Keywords:   fraternity, social rights, economic rights, right to work, necessities of life, fair shares, Cass Sunstein, Dennis Davis

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