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Evaluation of Robert Nozick's Entitlement Theory By 1 EVALUATION OF ROBERT NOZICK’S ENTITLEMENT THEORY BY ANIUME, KINGSLEY OKECHUKWU PG/M.A/10/57717 UNIVERSITY OF NIGERIA, NSUKKA FEBRUARY, 2014 i EVALUATION OF ROBERT NOZICK’S ENTITLEMENT THEORY BY ANIUME, KINGSLEY OKECHUKWU PG/M.A/10/57717 A DESERTATION PRESENTED TO THE DEPARTMENT OF PHILOSOPHY, UNIVERSITY OF NIGERIA, NSUKKA, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTERS OF ARTS DEGREE IN PHILOSOPHY FEBRUARY, 2014 ii THIS DISSERTATION HAS BEEN APPROVED FOR THE DEPARTMENT OF PHILOSOPHY, UNIVERSITY OF NIGERIA, NSUKKA FOR THE AWARD OF MASTERS OF ARTS (MA) DEGREEE IN PHILOSOPHY BY ________________________ _______________________ Dr. A.C Areji SUPERVISOR INTERNAL EXAMINER _______________________ ______________________________ Rev. Fr. Dr. M.C Chukwuelobe Rev. Fr. Prof. Marcel Izu Onyeocha (H.O.D) EXTERNAL EXAMINER _____________________________ Prof. C.O.T Ugwu DEAN, FACULTY OF THE SOCIAL SCIENCE iii CERTIFICATION Kingsley O. Aniume, a Master of Arts student in the Department of Philosophy, Faculty of Social Sciences, University of Nigeria, Nsukka, with Registration Number PG/M.A/10/57717, has satisfactorily completed the requirements (coursework and Dissertation) for the Award of Masters of Arts Degree (M.A) in Philosophy. This Dissertation is original and has not to the best of my knowledge, been submitted in part or full for any other degree of this or any other University. __________________________ DR. A.C AREJI (SUPERVISOR) iv DEDICATION The research is dedicated to St. Anthony of Padua who has been helping me to scale through all the hurdles in my life. v ACKNOWLEDGEMENTS I thank the Almighty God who has given me the strength to carry on all my academic programmes in the year 2012 and making it possible for all of them to come to a successful end. My gratitude goes to my supervisor Dr. A.C Areji for his invaluable assistance, criticisms, patience, perseverance and encouragement throughout the period of this research work. I wish to thank my parents Sir and Lady C.W.O Aniume for their prayers and encouragement; support- financially, morally, etc. throughout my academic life. I thank all my siblings most especially Ikenna for their care and success wishes. To all those that have helped me in one way or the other to see that this research was successful, I thank you all. vi TABLE OF CONTENTS Title Page-------------------------------------------------------------------------------------------i Approval Page-------------------------------------------------------------------------------------ii Certification---------------------------------------------------------------------------------------iii Dedication-----------------------------------------------------------------------------------------iv Acknowledgements-------------------------------------------------------------------------------v Table of Contents---------------------------------------------------------------------------------vi Abstract--------------------------------------------------------------------------------------------viii CHAPTER ONE: INTRODUCTION-------------------------------------------------------1 1.1 Background of the study---------------------------------------------------------------------1 1.2 Statement of the Problem--------------------------------------------------------------------2 1.3 Purpose of the Study-------------------------------------------------------------------------2 1.4 Scope of the study----------------------------------------------------------------------------2 1.5 Significance of Study------------------------------------------------------------------------3 1.6 Thesis of the study----------------------------------------------------------------------------3 1.7Research Methodology------------------------------------------------------------------------3 1.8 Clarification of Concepts--------------------------------------------------------------------4 CHAPTER TWO: LITERATURE REVIEW----------------------------------------------6 CHAPTER THREE: ENTITLEMENT THEORY---------------------------------------23 3.0. A Sketch of Robert Nozick’s Biodata-----------------------------------------------------23 3.1. Background to Nozick’s Entitlement Theory--------------------------------------------24 3.2. Exposition of Robert Nozick’s Entitlement Theory-------------------------------------29 3.2.1. State of Nature-----------------------------------------------------------------------------29 3.2.2. The state------------------------------------------------------------------------------------30 3.2.3. Dominant Protection Association-------------------------------------------------------32 vii 3.2.4. Minimal and Ultra minimal State--------------------------------------------------------35 3.2.5. Prohibition and Compensation- Retributive Theory----------------------------------37 3.2.6. Against the Anarchist---------------------------------------------------------------------39 3.2.7. Nozick’s Libertarianism and Justice----------------------------------------------------41 3.2.8. On Entitlement Theory--------------------------------------------------------------------46 CHAPTER FOUR: EVALUATION---------------------------------------------------------54 An Appraisal---------------------------------------------------------------------------------------66 CHAPTER FIVE: SUMMARY AND CONCLUSION----------------------------------81 BIBLIOGRAPY----------------------------------------------------------------------------------85 viii ABSTRACT Robert Nozick’s Entitlement Theory consists of three principles of justice in Acquisition, in Transfer and in Rectification. The entitlement theory of Nozick entails that a person is entitled to a holding if he followed the principle of acquisition, transfer and rectification. Raising the issue of equitable distribution and individual appropriation, Nozick’s entitlement theory of individual right and private property right defends free market and absolute private property right. This thesis is meant therefore, to solve the problem of individual appropriation of property, problem of how resources should be distributed and the problem of extent of object with which one mixes one’s labour. Claiming ownership of a property because of the mixing of one’s labour has a limit for which one can mix one’s labour. Equitable distribution is such that is not characterized by ‘the winner takes it all’ type of distribution. This thesis attempts reconciling persistent issues and debates that revolve around entitlement and how resources seems to be distributed, using historical, expository, analytical and critical methods to appraise Nozick’s theory. Contrary to the belief among libertarians and Nozick in particular that justice entails that the state; cannot regulate what citizens eat or drink or acquire, cannot administer mandatory social insurance, cannot regulate economic life in general, etc, property rights cannot exist without the state. Property rights are not only held against the state, as is commonly thought, but are parasitic upon the existence of the state. The determinacy of an entitlement will necessarily rely upon it being recognized and enforced by some kind of political organisation. Without the state, property rights, as rights of exclusion do not exist, since they suffer continually from an indeterminacy problem. 1 CHAPTER ONE INTRODUCTION 1.1 Background of the Study This study rose as a consequence of the researcher’s interest on the consequence of the 2012 pension fund scam in Nigeria on the retirees. One of the reasons for embarking on pension administration in every country is to render people’s savings to them after their retirement. Hence, they have a right to what actually belongs to them (i.e. their contributions to the pension scheme while in active service). The fraud and embezzlement in the management of pension funds in the country is a denial of the retirees of what they actually deserve, merit or their entitlement thereby forcing people who have served their country in all honesty, to retire into abject poverty and penury. This is an infringement on the rights of the retirees. Where then lies the faith of these retirees that their entitlement or rights to their belongings have been denied? Giving to everyone what he or she is entitled to, is his right and that is justice. How can these retirees reclaim what belongs to them? John Rawls claims that ‘justice is the first virtue of social institutions, as truth is of system of thought’.1 What will the state do to see that the retirees are given what they are entitled to? Nozick’s entitlement theory is an attempt to describe ‘justice in holdings’ or what can be said about and done with the property people own when viewed from a principle of justice. Nozick uses this entitlement theory to explain how a person can be entitled to a holding in the society. The denial of one’s entitlement is the denial of one’s right to life and no one should interfere with another’s life. 2 1.2 Statement of the Problem Entitlement theory is a theory of private property and distributive justice created by Robert Nozick in his book, Anarchy, State and Utopia. The theory is Nozick’s attempt to describe ‘justice in holdings’ or what can be said about and done with the property people own when viewed from a principle of justice. In line with this, Nozick said ‘whatever arises from a just situation by just steps is itself just’.2 Based on this, this study is bothered by the following problems a. The Problem of Individual Appropriation. b. The Problem of extent
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