Social Philosophy and Policy 24 (1):266-288 (2007)

One new form of liberalism is a doctrine that might be called Constitutional Welfare Liberalism. It stands in some continuity with the varieties of welfare and equality oriented liberalism that emerged in the Nineteenth Century and which found expression in the U.S. in political movements like the New Deal of F.D.R. and the Great Society of L.B.J. Constitutional Welfare Liberalism differs somewhat from earlier versions of Welfare Liberalism in that it claims to be solidly grounded in the fundamentals of the liberal tradition and of the American Constitution. Advocates of Constitutional Welfare Liberalism would replace what they call the “negative-liberties model” of the Constitutional order with a “benefits model.” They rest their case on an analysis of rights that denies the meaningfulness of the common distinction between negative and positive rights. Some advocates of Constitutional Welfare Liberalism also base their claims on the positive empowerments and ends of government as expressed in the Preamble to the Constitution. It is shown here via an analysis of the negative/positive rights distinction that the distinction is indeed meaningful when understood more accurately than Constitutional Welfare Liberalism theorists do. Likewise it is shown that neither the general character of the Constitution as an empowerment of government, nor the particular goals stated in the Preamble imply the benefits model.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/s0265052507070112
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,355
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Federalism and the Old and New Liberalisms.Jacob T. Levy - 2007 - Social Philosophy and Policy 24 (1):306-326.
Constitutional Goods.Alan Brudner - 2004 - Oxford University Press.
The Philosophy of the Welfare State.Norman P. Barry - 1990 - Critical Review: A Journal of Politics and Society 4 (4):545-568.
Liberalism and the Problem of Poverty.Richard Ashcraft - 1992 - Critical Review: A Journal of Politics and Society 6 (4):493-516.
Liberalism and the Constitution.Sotirios A. Barber - 2007 - Social Philosophy and Policy 24 (1):234-265.


Added to PP index

Total views
40 ( #285,667 of 2,519,577 )

Recent downloads (6 months)
1 ( #407,153 of 2,519,577 )

How can I increase my downloads?


My notes