Perfecting Imperfect Duties via Institutionalization

Onora O’Neill’s thesis that, in a world like ours, institutionalization is a necessary condition for the existence of typical universal welfare rights—the “institutionalization thesis” for short—has often been criticized. I believe that most of these criticisms fail to appreciate that the institutionalization thesis is based on her “classical” understanding of rights, which stresses the essential duty-implying character of rights. By and large, O’Neill’s thesis stands and falls with the classical theory of rights. My suggestion is, therefore, that what is really at issue between O’Neill and at least some of her critics is the proper understanding of the concept of a right.