HOME

TheInfoList



OR:

Social rights are
rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory ...
arising from the
social contract In moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the legitimacy of the authority of the state over the individual. Social ...
. For example,
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
advocated that a right such as
trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...
arose neither from nature nor from a
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
of government, but from reified implications of the
social contract In moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the legitimacy of the authority of the state over the individual. Social ...
. Social rights are very similar to political rights, and it can be understood that they are effectively the same concepts being exercised in a less extreme way.
Cécile Fabre Cécile Fabre (born 1971) is a French philosopher, serving as professor of philosophy at the University of Oxford. Since 2014 she has been a senior research fellow at All Souls College, Oxford. Her research focuses on political philosophy, the ...
argues that "it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well-being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it follows that they should be constitutionalized." From a legal standpoint several approaches exercise and guarantee social rights; social rights under the constitution are rights of subjects or "subject rights". This assures that the public receives equal distribution of collective and private interests.Societies Without Borders; Jul2009, Vol. 4 Issue 2, p158-174, 17p


References

{{Authority control Civil rights and liberties Social concepts