Analysis Of Robert Nozick's Justice As Entitlement

Simply put Nozick theorized that you are entitled to your holdings, meaning money, property, goods as long as you acquired them justly (without violating anyone elses rights).

The concept of property has long been one of the most crucial aspects for the U.S. citizens, as it is a major part of the Constitutional, and, therefore, human rights. Although the perception and understanding of “property” have been considerably changed, especially in terms of political and philosophical vision, it still has a particular meaning for the Americans. In general, the idea of property is the question of the political thought and conceptualized thinking common for the United States. In most cases, its transformations are connected to the introduction of capitalism and related governmental decision in politics. Therefore, as any other topic, the value of property has undergone harsh debates. In particular, such important figures as James Fenimore Cooper, Ralph Waldo Emerson, and Walt Whitman have developed a fundamental scope of analyses with regard to the property rights in America.

Many philosophers have written arguments advocating for all types of property rights ranging from private to communal and for a varying array of reasons.Personally, I feel Schmidtz has the most compelling argument surrounding property rights. He argues for private property rights. According to Schmidtz when property does not have an owner and instead belongs to the commons, there is no way to protect that resource. Schmidtz provides the example of fishing using destructive methods. In certain countries, fishermen fish using methods that destroy habitats such as throwing dynamite or bleach in the water. This method has an extremely successful one time effect as all the dead fish float to the top of the water. However, it kills the entire habitat

Property: The right to claim and hold property; When it has been laboured for, one encloses it for greater individual profit the profit of the community of Man, it has been laboured for – Natural means of ownership one encloses it – The process of holding legal “deed” for greater individual profit – to build investment equity and avoid poverty of waste the profit of the community of Man – Moral commitment to Human Development (Locke: 1689).

Specifically, Nozick’s theory of justice requires only that people refrain from acting in ways that interfere with others (lockean rights). He argues that we are not obligated to do anything for anyone else nor is anyone required to do anything positive for us. Not only are we forbidden from interfering with a person’s liberty to promote general good, we are prohibited from doing so even if violating an individual’s rights would prevent other individuals’ rights from being violated. Moreover, the theory of justice supports that people are entitled to their

property, without due process of law; nor deny to any person within its jurisdiction the

2. A principle of justice in transfer - This principle explains how one person can acquire holdings from another, including voluntary exchange and gifts.

Nils Christie educates society on the concept of viewing conflicts as property and the ways in which this has impacted individuals and the legal system. It is the position of this essay that one can agree with Christie in the perception that conflicts can be viewed as property. Christie’s view as necessary or essential is debatable and will be further explored throughout the essay. Through the example of laws pertaining

Classical theories on the taking of property of foreign citizens by governments were originally developed to protect the interests of European investments abroad.

Robert Nozick was a political philosopher who work best reflects the political thinking of the United States, to the extent that his work is unthinkable without considering the history and the constitution of the nation. From this starting point Nozick shows us that in the state of nature men are entitled on one hand to their lives and safety, and also to self-possession. Inspired by empiricist philosopher John Locke, who proclaimed that natural rights exist and are claimable, Nozick claims that his concept of a minimal state is morally justifiable. “Only a minimal state, limited to enforcing contracts and protecting people against any force, theft, and fraud, is justified. Any more extensive state violates person’s rights not to be force

Having established his state of nature, Locke begins his description of the formation and transition to society, and appropriately starts with a discussion of property. “God, who hath given the World to Men in common, hath also given them reason to make use of it to the best advantage of Life, and convenience.” (Locke, Second Treatise, V.26). Here, Locke does little more than apply natural law (self preservation) to what he sees around him (land), but in doing so, makes a groundbreaking shift. He reveals that, following from natural law, men have a right to use what they have around them to further their own preservation and lives. In addition, man has an inherent, and obvious, possession of himself and all that comes with it, including, and most importantly, labor. “The Labour of his Body, and the Work of his Hands, we may say, are properly his.” (Locke, Second Treatise,

1. There exists a patterned distribution D1, which is a favorite patter of non-entitlement conception of justice

Nozick’s account of personal rights states that individuals have rights and that there things no person or group may do to them. (Nozick 1974) He refers to this idea as the right to “self-ownership,” meaning that people not only have a right to their physical bodies, but also to their talents, intellect and labor as well. (Nozick 1974) Heavily influenced by John Locke’s

John Rawls a political theorist engages in various political theories and arguments that contradict, support, and scrutinizes others theories made by other notable political theorist. Rawls contemplates usage of theories such as The Theory of Justice, Veil of Ignorance and Nozick’s Entitlement Theory which will be discussed within this analysis for their relation to society and what benefits or aliments they hold if any on society’s effective function.

The term justice is used in some of America's most treasured and valued documents, from the Pledge of Allegiance, to the Constitution, and the Declaration of Independence. Everyone wants to be treated justly whether it's in the courtroom or the local bar. Most people would feel confident giving a definition for justice, but would it be a definition we could universally agree to? Given that justice is a very common term, and something we all want, it's important to have a precise definition. For hundreds of years philosophers have argued, debated, and fought over this topic. Justice can clearly be defined as the intention to conform to truth and fairness. This is true justice.