ABSTRACT

This chapter explores and then criticizes the two major arguments behind the conventional wisdom that rights undermine efforts to secure a state role in ensuring the material preconditions for a good society, and therefore, the material preconditions for the development of those human capabilities essential to a fully human life. It urges that the pragmatic argument put forward by rights critics and some welfare advocates for forgoing rights-talk and rights-rhetoric also fails: there are very real costs, both in theory and in law, in deciding to forgo putting the case for the state's obligation to provide minimal material goods in terms of rights. The right to protection and the right to care are rights that can be framed in liberal terms, and both rights would go a long way toward securing for individual citizens the minimal preconditions of a good society.