Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance.

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  • Author(s): Guebert, Karl
  • Source:
    Social & Legal Studies. Oct2020, Vol. 29 Issue 5, p609-628. 20p.
  • Document Type:
    Article
  • Additional Information
    • Subject Terms:
    • Author-Supplied Keywords:
      Citizenship
      health law
      law as governance
      post-social right
      rights litigation
    • Abstract:
      In the context of increased expectations of healthcare services and fiscal pressures, rights claims constitute a force pushing for privatization and thus threaten Canada's single-tier public system. This article introduces the concept of a 'post-social right' to understand the current legal effort to enforce a right to healthcare derivative of section 7 of the Canadian Charter of Rights and Freedoms. Commonly considered as a 'negative' right, I suggest that the right also has positive capacity. Rather than simply protecting against unjust state intervention, section 7 claims valorize a particular mode of sustaining life, liberty and security of the person according to neo-liberal principles. A right to markets in healthcare aligns health law with the logic of prudentialism as a technology of governance. As the enforceability of the right expands and strengthens, health law as governance operates to normalize market solutions to health matters. It follows that a form of two-tier citizenship arises, dividing 'activated' citizens from the 'inactive'. [ABSTRACT FROM AUTHOR]
    • Abstract:
      Copyright of Social & Legal Studies is the property of Sage Publications, Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
    • Full Text Word Count:
      10047
    • ISSN:
      0964-6639
    • Accession Number:
      10.1177/0964663919894734
    • Accession Number:
      145141077
  • Citations
    • ABNT:
      GUEBERT, K. Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance. Social & Legal Studies, [s. l.], v. 29, n. 5, p. 609–628, 2020. DOI 10.1177/0964663919894734. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=hch&AN=145141077. Acesso em: 4 dez. 2020.
    • AMA:
      Guebert K. Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance. Social & Legal Studies. 2020;29(5):609-628. doi:10.1177/0964663919894734
    • APA:
      Guebert, K. (2020). Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance. Social & Legal Studies, 29(5), 609–628. https://doi.org/10.1177/0964663919894734
    • Chicago/Turabian: Author-Date:
      Guebert, Karl. 2020. “Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance.” Social & Legal Studies 29 (5): 609–28. doi:10.1177/0964663919894734.
    • Harvard:
      Guebert, K. (2020) ‘Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance’, Social & Legal Studies, 29(5), pp. 609–628. doi: 10.1177/0964663919894734.
    • Harvard: Australian:
      Guebert, K 2020, ‘Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance’, Social & Legal Studies, vol. 29, no. 5, pp. 609–628, viewed 4 December 2020, .
    • MLA:
      Guebert, Karl. “Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance.” Social & Legal Studies, vol. 29, no. 5, Oct. 2020, pp. 609–628. EBSCOhost, doi:10.1177/0964663919894734.
    • Chicago/Turabian: Humanities:
      Guebert, Karl. “Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance.” Social & Legal Studies 29, no. 5 (October 2020): 609–28. doi:10.1177/0964663919894734.
    • Vancouver/ICMJE:
      Guebert K. Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance. Social & Legal Studies [Internet]. 2020 Oct [cited 2020 Dec 4];29(5):609–28. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=hch&AN=145141077