Philosophy of social rights

Ability to understand the importance of social role within liberal democracies and to evaluate arguments in favor and against social rights

The course presupposes active participation. Students are required to select at least one text from the reading list and present it to their colleagues. Classes will be run as seminars: it is expected that students read the material before class and participate in the discussion of the material presented.

basic notions of political theory

Not mandatory but highly recommended.

The affirmation of social rights after the second world war marks a new way of understanding society. Not only Europe and most western countries with their welfare state, but the new nations born after the decolonization period countries, as well as the new democracies born after the collapse of the Soviet regime have rarely failed to insert in their constitution rights such as the one to an adequate standard of living, to health, education and so on. Social rights are also an essential component of human rights, introduced as "Declaration" in 1948 and later turned into legal obligations in particular through the International Covenant on Economic, Social and Cultural Rights, adopted in 1966 ed entered into force ten years later. The course investigates the philosophical foundation of such rights. The focus will be not on their place in national or international juridical systems, but on the reasons to consider them as grounded claims that individuals have against the state where they reside or perhaps against the global order at large. We will consider the debate on their problematic normative status (alleged rights better conceptualized as aspirations, costly, of difficult judiciability, with no clear corresponding duty-bearers and so on) from different perspectives and students will be enabled to develop critically their informed opinion. Finally, the course will discuss the problematic case of the 'reddito di cittadinanza' as an example of how the social state is changing in Italy.

B. Giovanola, Giustizia sociale, Il Mulino 2018 G. Pino, “Diritti sociali. Per una critica di alcuni luoghi comuni”, Ragione pratica, 47 (2) 2016: 541-552 Cass R. Sunstein, "Why Does the American Constitution Lack Social and Economic Guarantees?" (University of Chicago Public Law & Legal Theory Working Paper No. 36, 2003). T. Casadei “Oltre lo stato sociale? Il dibattito di lunga durata sul 'reddito di cittadinanza”, Quaderni fiorentini per la storia del pensiero giuridico 47, Giuffré Editore, 2017: 141-171. van Parijs, Philippe and Yannick Vanderborght. Basic Income. A Radical Proposal for a Free Society and a Sane Economy. Cambridge (MA): Harvard University Press, 2017, 4-28 (chapter 1 required, chapter 2 recommended)

Assessment will take place by looking at four aspects of students’ performance: 1) Participation in class, 2) Presentation, 3) Final paper, 4) Final exam Grade Weights: Participation in class: 33.3% Presentation: 33.3% Final exam: 33.3% For those who cannot attend class, hence participare and present, mark will depend entirely on the oral exam.

1) The main theories of justice: an overview

2) Rawls' two principles of justice

3) Nozick's criticism

4) Proportional justice: strengths and weaknesses

5) sufficientarism: strengths and weaknesses

6) prioritarianism: strengths and weaknesses

7) arguments for and against social rights

8) basic income

9) 'reddito di cittadinanza'

10) human rights and social rights