I read what I believe to be a very good and potentially important paper today by Jeppe von Platz in Politics, Philosophy and Economics entitle "Are Economic Liberties Basic Rights?" The paper addresses an issue raised by John Tomasi in his recent book, Free Market Fairness. Basically, Tomasi argues that we should recognize hard-core capitalist property rights as "basic rights" — that is, as no less basic (in a just society) than rights to free speech, a democratic vote, etc. Further, and perhaps most interestingly, Tomasi attempts to do this on Rawlsian grounds. In other words, Tomasi argues that if Rawls were morally and theoretically consistent, he should have been a kind of classical liberal.
Von Platz's argument in the paper is that although Tomasi's argument (1) misinterprets Rawls and (2) fails on its own merits, Rawls and his followers (Samuel Freeman in particular) fail to show that economic liberties are not basic rights — in which case the debate between Rawlsians and classical liberals/libertarians on this issue is, properly understood, an even draw.
There are several things I think are potentially very important about the paper.
First, I think it really demolishes Tomasi's argument. It shows clearly and very carefully (at least to my eyes) how Tomasi misinterprets Rawls, and how T's argument fails on its own merits. Second, I think the paper shows pretty persuasively that Rawls and his followers haven't faced up to the issue very well, either. Finally, and most importantly of all (again, by my eyes), the paper really pins down at the end precisely what is at issue, and what must be settled to resolve the debate in one direction or the other. As von Platz writes, his paper shows that:
[W]hether the economic liberties are basic rights will depend on whether the activities of economic agency are mediately or immediately necessary for the adequate development or exercise of the capacity for a conception of the good. How to answer that question is a topic for another essay. (p. 18)
I very much hope that von Platz follows through on the promise here of "another essay." In the meantime, I encourage you all to check out the paper and to discuss it below (particularly if any of you think I'm too sanguine about it).
Leave a Reply