1. LECTURER: ANDREAS PANAYIDES LECTURE 10 – NOZICK’S THEORY OF JUSTICE Introduction to Political Philosophy

2. The Entitlement Theory of Justice : Robert Nozick (1938-2002) The Entitlement Theory of Justice : Robert Nozick (1938-2002)

3. Libertarian: entitlement theory of justice Argues for an ultra-minimal state: “limited, to the narrow functions of protection against force, theft, fraud, enforcement of contracts” – all redistributive functions are illegitimate Based on Kant’s Categorical Imperative: “Act so that you treat humanity, whether in your own person or in that of another, always as an end and never as a means only” Supports the Principle of self-ownership and Rights as side- constraints “[T]here is no social entity with a good that undergoes some sacrifice for its own good. There are only individual people, different individual people, with their own individual lives. Using one of these people for the benefit of others, uses him and benefits the others. Nothing more.”

4. a.End-state principles: i. distributions are judged by a structural principle, e.g. utility principle, egalitarian principle, Rawls’ difference principle ii. it does not matter to whom outcomes are attached iii. it does not matter how outcomes came about (history is irrelevant) b.Distributions to vary along with some natural dimension “To each according to.......................” (fill in the gap with, e.g. need, I.Q., moral merit, usefulness to society)

5. Distribution ADistribution BDistribution CDistribution D Richest 12.5%£ 200,000£12,000£150,000£100,000 £12,000£100,000£60,000 £12,000£90,000£50,000 £12,000£85,000£49,000 £30,000£12,000£75,000£35,000 £20,000£12,000£30,000£25,000 £5,000£12,000£20,000 Poorest 12.5%£1,000£12,000£4,000£18,000 Average£58,250£12,000£69,250£44,625 Maximising the maximum share Strict Egalitarianism Average Utilitarianism Maximising the minimum share

6. 1. Patterned theories of justice treat production and distribution as two separate issues: “from each according to his.........., to each according to his...........” 2. But, the two are not separate issues: “Things come into the world already attached to people having entitlements over them” 3. Whether a distribution is just depends entirely on how it came about, not on whether it conforms to a pattern 4. Just distributions are random in relation to patterns 5. Nozick’s theory is a historical, non-patterned theory of justice

7. 1. “Liberty upsets patterns” (The Wilt Chamberlain example) i. Given a desired distribution D1 individuals will receive shares ii. The moment they are allowed to use their shares and enter into voluntary agreements that are of mutual benefit, distribution D1 will be replaced by D2 (un-patterned) iii. D1 can only be maintained by constant coercion “The socialist society would have to forbid capitalist acts between consenting adults” 2. “Taxation of earnings from labor is on a par with forced labor” i. Taxation amounts to forcing a person to work for n hours for another’s purpose ii. He who is taxed is partly owned as a piece of property, as a tool, by those who benefit by his labour

8. An individual is entitled to a holding if: 1.A person has acquired a previously un-owned holding in accordance to the principle of justice in acquisition 2.Or, if a person has acquired a holding through voluntary transfer by someone else entitled to the holding in accordance to the principle of justice in transfer 3.Or, if a person has acquired a holding as compensation for a past injustice according to the principle of rectification for past injustices

9. Acquisition is legitimate if it doesn’t leave others worst off Some kind of base-line could be calculated against which to judge who and by how much is worst off by the total system of appropriation (- percentage of all income that is based upon raw, untransformed resources) Those whose holdings are under this baseline must be compensated Argues that a market economy by and large satisfies this proviso without the need for extensive compensations Monopolies over substances vital to human life are illegitimate (e.g. price gouging after monopolising all drinkable water following a natural disaster) Yet, somebody can withhold a medicine that he has developed from readily available raw materials as it would not exist if it was not for his invention and labour