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The Neo-liberal State$
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Raymond Plant

Print publication date: 2009

Print ISBN-13: 9780199281756

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199281756.001.0001

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Neo‐liberal Rights: A Wider Perspective

Neo‐liberal Rights: A Wider Perspective

Chapter:
(p.230) Chapter 12 Neo‐liberal Rights: A Wider Perspective
Source:
The Neo-liberal State
Author(s):

Raymond Plant (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199281756.003.0013

This chapter focuses on the critique of rights when they extend beyond protecting negative liberty as set out in Chapter 5. First of all, if the idea of negative liberty is defective, then so too is a theory of rights, which limits role to the protection of such liberties. Building on the more comprehensive account of liberty set out in Chapter 10 it is argued that there is no justification for arguing that there is a categorical distinction to be drawn between negative rights to protect individuals from the coercion of others including the state and social and economic or positive rights. This claim does not depend solely upon the argument about freedom but is also based upon a critical analysis of other salient ideas which have been used to reject positive rights such as scarcity, the illusory nature of social justice, and the indefiniteness of corresponding obligations in respect of positive rights.

Keywords:   Social Rights, Economic Rights, Scarcity, Perfect Duties, Imperfect Duties, Positive Obligations

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