Robert Nozick and the Immaculate Conception of the State*
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Robert Nozick, Anarchy, State and Utopia Peter Vallentyne, University
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Missouri: MOspace Robert Nozick, Anarchy, State and Utopia Peter Vallentyne, University of Missouri-Columbia in The Twentieth Century: Quine and After (Vol. 5, of Central Works of Philosophy ) edited by John Shand (Acumen Publishing, 2006), pp. 86-103 Robert Nozick’s Anarchy, State, and Utopia (1974), along with John Rawls’s A Theory of Justice (1971), radically changed the landscape in analytic political philosophy. For much of the preceding half-century, under the influence of logical positivism’s heavy emphasis on empirical verifiability, much of moral philosophy was taken up with meta-ethics (e.g., the semantics of moral discourse)—with little attention given to normative moral theories. Moreover, to the extent that normative theories were considered, utilitarianism was the center of attention. This all changed with the publication of Rawls’s articulation and defense of liberal egalitarianism and Nozick’s libertarian challenge to the legitimacy of anything more than the night-watchman state. At the core of Nozick’s book are two arguments. One is that a night-watchman state (which protects only against violence, theft, fraud, and breach of contract) could be legitimate, even without the consent of all those to be governed. The other is that nothing more extensive than the night-watchman state is legitimate, except with the consent of all. The argument is complex, and Nozick often inserts long—and very interesting—digressions. Below I shall focus only on his core argument. I shall thus not address his discussions of Rawls’ theory of justice (Ch. -
Beyond the Principles of Bioethics: Facing the Consequences of Fundamental Moral Disagreement
DOI: http://dx.doi.org/10.5007/1677-2954.2012v11n1p13 BEYOND THE PRINCIPLES OF BIOETHICS: FACING THE CONSEQUENCES OF FUNDAMENTAL MORAL DISAGREEMENT H. TRISTRAM ENGELHARDT (Rice Universtiy / USA) ABSTRACT Given intractable secular moral pluralism, the force and significance of the four principles (autonomy, beneficence, non-maleficence, and justice) of Tom Beauchamp and James Childress must be critically re-considered. This essay examines the history of the articulation of these four principles of bioethics, showing why initially there was an illusion of a common morality that led many to hold that the principles could give guidance across cultures. But there is no one sense of the content or the theoretical justification of these principles. In addition, a wide range of secular moral and bioethical choices has been demoralized into lifestyle choices; the force of the secular moral point of view has also been deflated, thus compounding moral pluralism. It is the political generation of the principles that provides a common morality in the sense of an established morality. The principles are best understood as embedded not in a common morality, sensu stricto, but in that morality that is established at law and public policy in a particular polity. Although moral pluralism is substantive and intractable at the level of moral content, in a particular polity a particular morality and a particular bioethics can be established, regarding which health care ethics consultants can be experts. Public morality and bioethics are at their roots a political reality. Keywords: Bioethics. Pluralism. Moral disagreement. Ethical particularism. RESUMO Dado o pluralismo moral secular intratável, a força e o significado dos quatro princípios (autonomia, beneficência, não maleficência e justiça) de Tom Beauchamp e James Childress precisam ser reconsiderados criticamente. -
Libertarian Forum June, 1973
A Monthly Newsletter THE Joseph R. Peden, Pubiisher Murray N. Rothbard, Editor VOLUME V, NO. 6 JUNE, 1973 US-ISSN0047-4517 T MAYOR IRCUS, At the time of writing, New York's wild and woolly mayoral charismatic figure. His lengthy reign is remembered with no affection by extravaganza has just lurched to a new stage: the holding of the primary New Yorkers, and furthermore he was whipped badly in his attempt at a election. It is of no small importance to the meaning and the comeback in the Democratic mayoral primary four years ago. The gall of undercurrents of this election that the voting was held on a Monday, June Nelson Rockefeller was compounded by his decision to install this 3 - for the first time in livhgcmemory violating the New York and the dilapidated Democrat-Liberal not as a Democrat but as a Republican- American tradition of holding all elections on a Tuesday. It is very Liberal - despite his lengthy record of opposition to the Republican possible that the underwhelming size of the vote (only 25% of those Party. The Liberal Party, a one-man fiefdom under the iron control of the eligible in the Democratic primary) was partially due to the strange and powerful, aging Alex Rose, head of the Hatters Union, was delighted to go disorienting displacement from Tuesday to Monday. In a fighting speech along with the scheme. After all, with the imminent departure of the attacking the massive Establishment conspiracy against him (more universally reviled John Lindsay, Alex was about to lose his accustomed later), Rep. -
Chapter 1 the Epistemological Basis of Anarchism, an Open Letter To
Roy A. Childs Anarchism vs. objectivism Chapter 1 The Epistemological Basis of Anarchism, An Open Letter to Objectivists and Libertarians Annotated by Ronald N. Neff 1.1 Part I. Nearly 200 years ago,1 the father of both individualist and collectivist anarchism sought to pro- vide a comprehensive case for anarchism, building on what he called “the right of independent judgment.” The work was An Enquiry Concerning Political Justice and its Influence on Morals and Happiness; its author was William Godwin. Though Godwin realized that “to a rational being there can be but one rule of conduct, justice, and one mode of ascertaining that rule, the exercise of his understanding,” his case for anarchism was seriously marred by the acceptance of a variant of the altruistic moral code which was so prevalent at the time he wrote. Godwin wrote that “each must have his sphere of discretion. No man must encroach upon my province, nor I upon his. He may advise me, moderately and without pertinaciousness, but he must not expect to dictate to me. He may censure me freely and without reserve; but he should remember that I am to act by my deliberation and not his.... I ought to exercise my talents for the benefits of others; but that exercise must be the fruit of my own conviction; no man must attempt to press me into the service.”2 1 February 1793. 2In the late 1960s, Godwin’s book was not in print in the United States, and in any case there was no copy of it or abridgement of it in Childs’s library during the time I had access to it (and, for a few months, had charge of it), viz. -
The Need of State? American Anarcho-Capitalism
Ad Americam Journal of American Studies Vol. 10, 2009 ISSN 1896-9461 ISBN 978-83-233-2905-3 Magdalena Modrzejewska THE NEED OF STATE? AMERICAN ANARCHO-CAPITALISM The paper examines the theory of anarcho-capitalists philosophers David Friedman and Murray Rothbard. Both philosophers argue for a society based in voluntary trade of private property (including money, consumer goods, land, and capital goods) and services (includ- ing protection services) in order to maximize individual liberty and prosperity. Moreover, they maintain that order exists in the pre-state situation, and any form of compulsion from the government/state violates that natural order. The paper examines how society can func- tion in such an anarchic, non-state situation (especially how the law and legal system can arise and exist without a state/government). Libertarians created a vision of an individual as a rational being, with a broad range of rights bestowed upon him/her, free from any form of external coercion. Therefore, they postulated that all relations between individuals should be established on volun- tary ground. Consequently, they faced the vital question of whether the existence of a state is required at all, and if so – how we could justify the rise of a state without the violation of the individual rights. In their reflection about the shape of the state, libertarians use methodological an- archism.1 “In political philosophy this method means that, as a starting point for their research, they use the state of nature as described by Locke or Hobbes, associated with anarchy, and then they show the possibility of overcoming such an anarchy and reaching in a rational manner the just social state” (Miklaszewska 1994: 21). -
Libertarian Forum in New York City
A Semi-Monthly Newsletter The Libertarian Joseph R. Peden, Publisher Washington Editor, Karl Hess Murray N. Rothbard, Editor VOL. 1, NO. V JUNE 1, 1969 35C THE MOVEMENT GROWS The libertarian movement, bless it, is on the march. For had begun only in this academic year, with Gerald P. the first time in memory, there is now a nationwide liber- O'Driscoll, Jr., who graduates this spring with honors in tarian organization in existence, the Radical Libertarian economics, as its dynamic leader. Two years ago, Jerry Alliance. It was born on May 17, on the occasion of the third was a bright young right-winger and ROTC leader, who meeting of the Libertarian Forum in New York City. favored the war in Vietnam. Now he stands as one of the Until this year, the libertarian movement was pitifully leading spirits of anarcho-capitalist youth. Jerry will pro- small and beleaguered, and any talk of any sort of liber- ceed next year to graduate work in economics at UCLA, tarian organization or even occasional meetings was hope- leaving FLA in the capable hands of Frank X. Richter, lessly Utopian. But now the movement has been escalating Dave Hagner, and a host of others. with extraordinary rapidity. In the old days, there would be An important anarcho-capitalist group has also rapidly one new convert a year, and he would be worked on with emerged at Wesleyan College, phenomenal in that it consists painful slowness before his conversion could be complete, almost exclusively of freshmen, led by John Hagel 111. Hagel But now we keep running into kids, some college freshmen, and his remarkable colleagues have already seized control who are not only libertarians, but full-fledged and self- of the Free University at Wesleyan, at which John is already converted, with the "correct line" on everything, from teaching a course in anarchism, and have done extensive competing private defense agencies to private property organizing work in colleges and prep schools throughout rights to war revisionism to alliance with the New Left. -
1 Politics 9503A/Philosophy 9119A: Central Problems in Political Theory
Politics 9503A/Philosophy 9119A: Central Problems in Political Theory September-December 2020 Tuesday Zoom meetings 3:30-5:20 Charles Jones, 661-2111 x85060, [email protected], SSC 4129 Zoom Office Hours: Wednesdays 1:30-3:00 & by appointment This course examines some central problems in political theory: political authority, property and the market, distributive justice and equality, liberty, and democracy. We will study both classic works and recent scholarship on these issues. By the end of the course, students will be able to: (1) Describe the problem of political authority and explain (and evaluate) the main arguments in its favour, (2) Assess the case for and against private property rights, (3) Explain the pros and cons of markets in goods and services as a means of organizing an economy, (4) Describe the problem of distributive justice (‘who should get what?’) and explain the relative merits of competing approaches to this problem, (5) Evaluate the value of equality and sufficiency as competing goals of just distribution, (6) Explain the arguments on both sides of the debate between distributive egalitarians and relational egalitarians in their answers to the question, ‘What is the point of equality?’, (7) Identify the competing conceptions of liberty in the history of political theory and adjudicate between them, (8) Evaluate the case for and against ‘libertarian paternalism’ as an approach to public policy, and (9) Outline the most important arguments against and for democracy as a form of public and private decision-making. Texts Course readings will be posted on the OWL site. There is one book to purchase: Elizabeth Anderson, Private Government: How Employers Rule Our Lives (and Why We Don’t Talk about it), Princeton: Princeton University Press, 2017. -
Self-Ownership and the Limits of Libertarianism
Self-Ownership and the Limits of Libertarianism 1. Introduction In the longstanding debate between liberals and libertarians' over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty,^ whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery.^ I will demonstrate over the course of this paper that their debate over redistributive labor taxation can be usefijlly reconstituted as a debate over the incidents (or components) of self-ownership, with liberals making the case for a nar- 'i use the term liberal as a shorthand for liberal egalitarian throughout the paper. I defme libertarians as a type of classical liberal, distinguished from other classical liberals by their extreme positions on personal liberty issues and by their style of political theoriz- ing, which is characterized by the rigorous deduction of political positions from first princi- ples such as self-ownership. Libertarians may be further subdivided into right-libertarians (such as the Robert Nozick of Anarchy. State, and Utopia and Murray Rothbard), who op- pose any form of redistribution, and left-libertarians (such as Hillel Steiner, Michael Otsuka, and Peter Vallentyne), who support the redistribution of natural resources but gen- erally oppose redistributive labor taxation. For more information on left-libertarianism, see Peter Vallentyne and Hillel Steiner (eds.). The Origins of Left Libertarianism: An Anthology of Historical Writings (New York: Palgrave Publishers, 2000) and Left Libertarianism and Its Critics: The Contemporary Debate (New York: Palgrave Publishers, 2000). -
A Critique of John Rawls' Social Justice Theory and the Fate Of
Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.28, 2014 A Critique of John Rawls’ Social Justice Theory and the Fate of Nigeria’s Politics in the 21st-Century and Beyond Elijah Okon John, Ph. D. (Senior Lecturer) Department of Philosophy , University of Uyo, P. M. B. 1017, Uyo, Akwa Ibom State, Nigeria E-mail: [email protected] Abstract In the present, one of the major problems plaguing the Nigerian society is that of social justice. And great thinkers from time immemorial have attempted to discuss the meaning of and the need for social justice in a society like Nigeria. But recently, a contemporary American social and political thinker, John Rawls, is his advocacy for social justice, is very vocal in the need and eventual formation of the social theory concept. Thus, this paper attempts to give a philosophical critique of Rawls’ conception and the necessity of the application of his social justice theory in the Nigerian political landscape. This work does not intend to present Rawls’ position as the most logical, perfect social and political arguments in the consideration of social justice. But it intends to point out some defects about Rawls’ social justice. But the main consideration shall be on the need and relevance of it to the Nigerian nation. In this way, it shall effectively point to the evils that can accompany its negligence. Keywords: Social Justice, Political Stability, Social Freedom, and Rawls’ Theory. 1. Introduction Ever since the publication of A Theory of Justice in 1971, John Rawls (1921-2002), an American philosopher, educator and a foremost contemporary social and political thinker, has not ceased to attract the admiration of many. -
Robert Nozick Is Widely Regarded As One of the Most Influential Political Philosophers of the Twentieth Century
The BIG Thinkers Leaving Certificate Politics and Society Robert Key Concepts: Role of the State, Rights of the Individual Specific Arguments: Minimal Role of State, Libertarianism Influential Work: Anarchy, State, and Utopia (1974) Nozick, Nozick, 1 Nozick in Context Robert Nozick is widely regarded as one of the most influential political philosophers of the twentieth century. NOZICK First and foremost, Nozick was a libertarian – a proponent of the belief (1938 to 2002) that the less a government intervened in the lives of its citizens, the better. Second, he fervently opposed welfare state policies, believing them to be on par with theft. Finally, Nozick took a rights based approach to political philosophy and he evoked (and cited) John Locke as a significant influence. John Rawls and Justice The academic antagonism that existed between his work and that of his fellow Harvard professor, John Rawls, is central to understanding his argument. Nozick’s most notable work Anarchy, State, and Utopia (1974 emerged to directly challenge the assertions made by his colleague John Rawls in A Theory of Justice (1971). In the above, Rawls outlined his belief that justice is founded upon two principles. He advocated the importance of fairness in distributing amenities and opportunities. He put forward the idea of social and natural lotteries. The social lottery, he believed, was the lottery of birth: the circumstances one is born into varies greatly across the world. Thus, some people benefit from social privilege while others suffer disadvantage. This, he believes is unfair and must be addressed. The natural lottery, Rawls argues, is quite similar, and concerns issues such as physicality and intelligence, favourable aspects in the human condition which are, again, randomly allocated to people at birth. -
Economic Justice - Hon-Lam Li
INSTITUTIONAL ISSUES INVOLVING ETHICS AND JUSTICE – Vol.I - Economic Justice - Hon-Lam Li ECONOMIC JUSTICE Hon-Lam Li Chinese University of Hong Kong, Hong Kong Keywords: Analytical Marxism, capitalism, communism, complex equality, democratic socialism, difference principle, equality, exploitation, justice, liberty, Karl Marx, Robert Nozick, self-ownership, John Rawls, socialism, Michael Walzer, welfare, Allen Wood Contents 1. Introduction 2. Robert Nozick 3. John Rawls 4. Michael Walzer 5. Analytical Marxism 6. Sustainability Glossary Bibliography Biographical Sketch Summary The crux of Nozick’s theory is that one owns oneself, one’s labor, and its fruits. Hence, even if one morally ought to donate money to help the poor, the government would violate one’s right of self-ownership by forcing one to help them. Rawls’ theory starts from the thought that one’s starting point in life is undeserved. Hence the contingent differences arising therefrom are morally irrelevant. Thus Rawls argues that the social arrangement agreed upon by representatives of different social classes when knowledge of such differences is to be suppressed will be a just arrangement. Rawls further argues that the difference principle will be agreed upon, according to which social and economic inequalities cannot be allowed to exist unless they are to be arranged to the benefit of the least advantaged. Michael Walzer’s theory is pluralist, because any good that is social in nature is a suitable UNESCOsubject for distributive justice. –His thEOLSSeory is particularist because each social good must be distributed according to its social meaning in a particular time and place. When a good is dominant—if individuals can command a wide range of other goods by having it—the SAMPLEsocial meanings of these otherCHAPTERS goods are not observed in their distribution. -
Robert Nozick's Derivation of the Minimal State
ROBERT NOZICK'S DERIVATION OF THE MINIMAL STATE Robert Paul Wolff* In Part I of Anarchy, State, and Utopia.' Robert Nozick under- takes to demonstrate, on the basis of what would ordinarily be consid- ered libertarian anarchist moral and metaphysical assumptions, that a de jure legitimate state could come into existence by a sequence of steps, no one of which violated any person's rights; that such a state would satisfy a plausible definition of the state of the sort Max Weber enunciated; that it could function as a state without violating anyone's rights; and that such a state would be a genuine minimal, or nightwatchman, state. In Part II, Nozick goes on to argue that a state so conceived could be no more than a minimal state without violating someone's rights. In this Article, I propose to subject the argument of Part I of Anarchy, State, and Utopia to examination and criticism. After a brief summary of Nozick's argument, intended to bring into view the elements of it whioh are especially important for my analysis, I shall develop my . critique in three stages, beginning with purely internal considerations of the consistency of Nozick's argument, given his premises, and proceed- ing to more and more "external" considerations. My conclusions will be that Nozick's argument is internally unsuccessful; that a number of the background assumptions of his argument are wrong; in ways which vitiate his theory; that his entire mode, or style, of doing political philosophy is inappropriate to its subject matter; and finally, that the peculiar tone of Anarchy, State, and Utopia serves as a clue to what is awry with it philosophically, as a piece of political theory.