Social and Economic Rights in Theory and Practice: Critical Inquiries

Guest blogger Dean Jeremy Paul, Northeastern University School of Law, recommends a hot-off-the-presses human rights book.  Dean Paul writes:

 Co-editors Helena Alviar García (Dean of the Law Faculty at the Universidad de los Andes), and Professors Karl Klare and Lucy Williams of Northeastern University School of Law have assembled an extraordinary collection of scholarly essays into what should become an indispensable volume – Social and Economic Rights in Theory and Practice: Critical Inquiries – just published by Routledge.

 This is an accomplishment of tremendous breadth and depth.  Far too often scholarship concerning social and economic rights is caught in tired shadow boxing between resolute but respectful adversaries.  Proponents of social and economic rights spin compelling and heart-wrenching tales about the need to provide necessities of life such as food, clothing and shelter, to the millions who lack such essentials and thus are unable to participate meaningfully in other aspects of a rewarding life.  Critics of the human rights framework seldom choose to engage such contentions.  Instead they retreat to safer ground concerning the threat a human rights framework poses to basic structures of government familiar to American constitutional democracy.  The editors of this volume simply refuse to allow people to continue to talk past each other. 

 This new volume goes head on after stale criticisms of social and economic rights.  And they do this in three important ways.  First, the volume contains much valuable writing, including Karl Klare’s opening and Frank Michelman‘s closing contributions, which convincingly explain how social and economic rights can be seen as essential rather than antithetical to democratic aspirations.  Second, the book contains much writing, including Lucy Williams’ contribution, that draws strength from the simple idea of observing how courts around the world have successfully been working with social and economic rights for many years.  It’s always heartening to see scholars pause to study facts on the ground before reaching definitive conclusions about theoretical impossibilities.  Finally, the book adds so much to our understanding by capturing experiences from so many countries with such diverse traditions.  Professors Klare, Williams and Michelman are the only Americans.  Other scholars featured come from South Africa, India, Canada, Colombia, Brazil, England, Australia, Argentina, and Chile.

 This book is a significant achievement, and valuable reading for all global citizens who care about social and economic rights.