Document Type

Article

Publication Title

Arizona State Law Journal

Abstract

The British are of course not unique in their ability to use government power to create and enforce an unsustainable set of entitlements. The same story has played out in Greece, Spain, and Italy; not to mention the United States, where social democratic institutions have not been able to bring their expenditures and revenues in line. As this paper is being written, the United States funds about forty percent of its current expenditures through borrowing, a figure that is not touched by the recent resolution of the debt crisis. The United States has not retained its triple-A credit rating with Standard and Poor's after its latest escape, and although Moody's and Fitch has not yet downgraded the United States, they have put it on special notice. What is so clear about each and every one of these system failures is that they come in societies that respond eagerly to claims of rights, responsibilities and dignity. In the abstract, it is difficult to inveigh against any of these virtues. But at the same time it is difficult to be for any set of virtues that may well have undermined the fiscal responsibility of so many programs. The key task in this public debate therefore is to sharpen the discussion by asking what kind of dignity, rights and responsibilities are involved. It is just at this point that we should take a hard look at the older distinction between perfect and imperfect obligations. Properly understood, that distinction calls into question every major assumption of the modem social democratic paradigm that calls for extensive government regulation of private business and a broad safety net which includes the right to education, health care, housing or any other positive right any one cares to mention. These extensive claims of right have failed.

First Page

1169

Volume

43

Publication Date

2011

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