Desert and Nozick's Entitlement Theory: a Reconciliation

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Desert and Nozick's Entitlement Theory: a Reconciliation Desert and Nozick's Entitlement Theory: A Reconciliation LO, Ho Man A Thesis Submitted in Partial Fulfilment of the Requirements for the Degree of Master of Philosophy in Government and Public Administration © The Chinese University of Hong Kong September 2008 The Chinese University of Hong Kong holds the copyright of this thesis. Any person(s) intending to use a part or whole of the materials in the thesis in a proposed publication must seek copyright release from the Dean of the Graduate School. (•(Trifirji統系餘書圖 ) Thesis/ Assessment Committee Professor Wu Fengshi (Chair) Professor Chow Po Chung (Thesis Supervisor) Professor Li Hon Lam (Committee Member) Professor Shei Ser Min (External Examiner) ABSTRACT This thesis aims to examine the role of desert in Nozick's libertarian entitlement theory of justice. I shall argue that it is wrong for Nozick to exclude desert from his philosophical enterprise. For a reasonable political morality should take desert seriously. Disregarding the claim of desert in libertarian justice is unnecessary and undesirable even from a Nozickean internal point of view. To vindicate my claim, I shall first offer a general analysis of the notion of desert in Chapter 1. The distinctive features of desert will be carefully explicated. I then turn to discuss the moral significance of desert in Chapter 2. The central idea is that giving an agent what he deserves will express the moral ideal of autonomy and responsibility, and establish congruence between the basis of desert and the treatment of desert. Having set up this intellectual background, Chapter 3 evaluates Nozick's three objections to desert. These objections result from Nozick's viewing desert as a kind of patterned principle, which in turn has deep conflict with his commitments to freedom, negative rights as side-constraint, and the notion of self ownership. I reject these objections one by one by showing that they are either ungrounded or inconsistent with other parts of the entitlement theory. In Chapter 4, I attempt to offer two Nozickean positive arguments for the importance of desert. In a nutshell, a cooperative scheme in accordance with desert can promote social harmony and provide an ideal environment for people to realize a meaningful life. Since Nozick deeply recognizes the value of a meaningful life, he should include desert in the entitlement theory to make the theory more plausible and attractive. Finally, in the last chapter, I explore the theoretical implication of a desert-inclusive entitlement theory. 2 論文撮要 本論文旨在探討「應得」(Desert)在諾齊克的產權理論中的角色。我將論證,諾 齊克把應得從產權理論排除出去是錯誤的,因爲一套合理的政治倫理必須給予 應得一定的位置。即使從諾齊克的觀點出發,他在放任自由主義的正義理論裡 否定應得,既不必要,亦不可欲。爲證成上述觀點,我將在第一章分析應得的 槪念,並指出其獨有的特徵,然後在第二章探討應得的道德重要性。該章指 出,給予一個人所應得的報酬,能夠很好地體現自主及責任這兩項道德價値, 並令應得的基礎和應得的回報彼此契合。釐清應得的槪念及其重要性後,第三 章將檢視諾齊克反對應得的三個理由。他認爲應得是一種具特定模式的分配理 論,而這種理論與他相當重視的自由、消極權利和自我擁有權皆有衝突。但我 將逐一論證上述三項反對理由均不成立,因爲它們要麼毫無根據,要麼和諾齊 克的產權理論有內在不一致之處。在第四章,我將轉而論證,即使從諾齊克的 觀點出發,應得依然在道德上有重要價値。應得一方面能夠促進社會和諧,另 一方面提供一個有利環境,供人追求和實踐有意義的人生。這兩點都是諾齊克 深爲認同的。因此,爲了增加產權理論的合理性和吸引力,他理應在其理論中 加入應得這一考慮。在最後一章,我將探討如把應得納入產權理論,將爲該理 論帶來怎樣的轉變。 3 AUTHOR'S DECLARATION I declare that the work presented in this thesis is mine alone LO Ho-man 4 ACKNOWLEDGEMENTS It has been a long, tough and yet fruitful adventure. Towards the end of it, I have a complex feeling, because so many things happened in the course. I am glad that, finally, I am able to go through tests after tests. Looking back, there were sweats and tears. Yet I am sure they are going to help me overcome other challenges in my life. First and foremost, I would like to say the greatest thank to my supervisor, Mr. Chow Po Chung. We met six years ago when he and I were a new teacher and a new student in the Chinese University of Hong Kong. Since then, we spent numerous moments in the campus, his home and restaurants in Tai Po discussing politics, philosophy and life. He not only brought me into the world of political philosophy, taught me a proper way to conduct academic research. He also instilled the most valuable thing in life to me, namely, some unconventional but persuasive ways to live happily and rightfully. I am greatly indebted to this special and important teacher. Without him, I would not have known the significance and the interest of political philosophy. Without him, I would not be able to know what a good teacher and a good researcher should be. Without him, I would not be able to improve and become a better student and researcher as I am now. It is his teaching, patience and all- rounded support that allow me to finish this project and grow to be an apprenticing researcher. I also felt gratitude to friends and classmates who gave stimulations and insights in the course of learning political philosophy. Cham, Jester, James, Franz, Jacky, Baldwin, Sze Ling, thank you. Special gratitude is given to Cheukhang, who 5 brought me a lot of useful ideas when I formulated my argument and who kept encouraging and supporting me. I would like to thank Candy Cheung, who gave me unlimited energy, support and care in the final stage of this thesis. Lastly, I want to thank my family. Without their unfailing support and love, it would not be possible for me to finish this thesis and overcome the hard times in the course. This thesis is dedicated to my mother and father, whose love, encouragement and patience are most valuable for me. To express my gratitude to everyone I treasure would need a full chapter. I cannot but choose to payback what you have given me with a short but true note: For those who love and have loved me, I honestly love you. 6 CONTENT ABSTRACT 2 AUTHOR'S DECLARATION 4 ACKNOWLEDGMENTS 5 CONTENT 7 INTRODUCTION 9 CHAPTER 1 A CONCEPTION OF DESERT IN 13 DISTRIBUTIVE JUSTICE 1 The Structure and Features of Desert 14 2 Desert Basis 26 CHAPTER 2 THE MORAL SIGNIFICANCE OF DESERT 34 1 Emotional Response to Undeserved Treatment 35 2 Desert and Autonomy 36 3 Desert, Congruence and the Meaning of the Good 40 CHAPTER 3 THE ENTITLEMENT THEORY AND 43 OBJECTIONS TO DESERT 1 Outline of the Entitlement Theory 43 2 Desert as a Patterned Principle 53 3 Argument from Liberty 55 4 Argument from Right 71 5 Argument from Self-Ownership 90 7 CHAPTER 4 TWO NOZICKEAN ARGUMENTS FOR 101 DESERT 1 Individual Argument 101 2 Social Argument 110 CHAPTER 5 THEORETICAL IMPLICATIONS OF A 127 DESERT-INCLUSIVE ENTITLEMENT THEORY 1 Desert: Pattern or a Strand of Pattern? 129 2 Desert and Property Right 140 3 A Desert-inclusive Entitlement Theory 152 CONCLUSION 157 BIBLIOGRAPHY 159 8 INTRODUCTION Desert is an important moral ideal in the tradition of social justice. Since Aristotle, it has been widely accepted that a just distribution should accord with people's desert. 1 The importance of desert is also supported by public perceptions of justice.^ According to empirical studies, a large number of people believe that people should get what they deserve. An undeserved situation would incline to create feelings of injustice. Our moral conviction and languages also testify that injustice would arise if one does not receive rewards or benefits that he deserves. Despite all these, the proper place of desert in distributive justice is far from clear. Philosophers constantly dispute about the proper role of desert in social justice. Some argue that justice is simply equivalent to giving what people deserve. For example, as Hosper asks, "justice is getting what one deserves; what could be simpler?"^ Some hold that desert should only partly decide what a just distribution is.4 Others, including Rawls and Nozick, do not consider desert at all in their theories of justice. Rawls explicitly excludes desert from his theory because he believes that moral worth, the basis of moral deservingness, cannot be determined until the principles of justice are established.^ Moreover, Rawls is also thought to worry about the inegalitarian consequence because distribution according to desert would "allow some to have unfair disadvantages over others, in that some would have greater ‘Aristotle, Nicomachean Ethics, Terence Irwin trans., 2"�ed (Indianapolis. : Hackett Publishing Co., 1999), Book V, Chapter 3. Aristotle's judgment is also shared by Adam Smith, J.S. Mill and Henry Sidgwick. See Louis Pojman and Owen McLeod ed., What Do We Deserve, (Oxford: OUP, 1999). For a brief review of contemporary debate on desert, see Serena Olsaretti, "Debating Desert and Justice", in Serena Olsaretti ed., Desert and Justice, (Oxford: OUP, 2003) 2 David Miller, Principles of Social Justice, (Cambridge, Mass.: Harvard University Press, 1999), Ch. 4. 3 John Hosper, Human Conduct, (NY: Harcourt, 1961), p. 433. 4 Joel Feinberg, "Justice and personal desert", in Doing and deserving, (Princeton: Princeton University Press, 1970); David Miller, Principles of Social Justice�and George Sher, Desert, (Princeton: Princeton University Press, 1987) 5 John Rawls, A Theory of Justice, rev. ed., (Oxford: Oxford University Press, 1999), p. 275. 9 claims on the basis of better natural endowments and social circumstances, which they cannot claim credit for."^ Nozick's concern is different from Rawls. He rejects any claim of desert because he believes it would violate his right-based entitlement theory. He views desert as a kind of patterned principle which would have deep conflict with individual freedom, personal negative rights and the notion of self- ownership. This explains why he entirely sets the concern of desert aside. It is quite unusual that the notion of desert has played such an insignificant role in Rawls and Nozick. After all, it is our considered judgment that desert should be an important element of social justice. The judgment of desert also deeply affects our moral sentiments. Therefore, both Rawls and Nozick owe us an account of why their theories are so hostile to the claim of desert. My focus of this thesis will be on Nozick's entitlement theory.
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