Abstract
The aim of this chapter is to explore more deeply the nature of the controversies surrounding social rights and to see if they can be resolved. The approach taken is historical, doctrinal, and conceptual. This chapter looks at the complex genealogy of social rights with a view to clarifying their relationship, first, to the growth of industrial capitalism and, secondly, to the advent of the welfare state, drawing principally on the British experience. Furthermore, the focus shifts to the present-day conflict between social rights and transnational economic law in the context of the free movement jurisprudence of the EC. Finally, this chapter discusses the potential for renewing the institutions of the welfare state by linking social rights to the concept of ‘capability’.
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