Written by- Pruthwiraj Sahoo
Overview
For centuries, human society is constantly assessed with the principle of social justice. Yet the demands and principles of social justice are not always clear. What is social justice? Why does social justice matter? Is it just concerned with equal opportunity or outcome or distribution of resources or capabilities or removal of property?.There are number of disagreements on the issues and remedies of the social justice concept. In this background, we will be exploring the broad concept of social justice issues through the writing and opinion of Robert Nozick.
Introduction
Robert Nozick was a well-known American philosopher and a leading figure in political philosophy during the 20th century. He became widely known through his book named “anarchy, state and utopia” in the year 1974. This book became one of the key texts of the ‘libertarians’. This book contains a leading philosophical counter statement of Nozick’s idea of social justice developed by John Rawls. His opinions were a direct response to John Rawls' theory of justice, which advocated redistributive justice and increased government involvement to ensure fairness. Nozick argued that as long as people acquire and transfer property fairly, any ensuing inequities were not unfair. He argued that people are entitled to what they have as long as it was gained in a fair manner. His theory is generally known as the basis for libertarian political ideology, which stresses liberty and minimal government.
Entitlement theory of Justice
By the entitlement theory of justice mentioned in his book “anarchy, state and utopia”, Robert Nozick, advocates for a minimal state and the protection of individual rights, particularly the property rights.
He challenges the ideas of egalitarian theory of Justice by John Rawls and offers an alternative method of justice in his entitlement theory. Nozick’s entitlement theory argues that a person is entitled to his or her holdings if it has acquired them justly, this theory consist of three principles, they are as follows;
1. Principle of justice in acquisition- People can acquire property justly by mixing their labour with unowned resources example-cultivating land, however, this acquisition must have enough for others, ensuring that it does not harm anyone’s ability to acquire property or in simple words property can be appropriated from nature that is, it should not be a ‘stolen one’, and the rights of others should not have been infringed.
2. Principle of justice and transfer-It states that how a property can be transferred from one person to another. It means property can only be transferred from one person to another voluntarily and without coercion.Nozick does not specify what constitutes “justice” in these transfers, which leave room for different ambiguity. This omission created certain difficulties especially in situations where power imbalances might lead to transfers that one party views as unjust. Nozick unable to provide a solution for situations like these , which casts doubt on the robustness of his theory.
3. Principle of Justice in rectification- This principle of justice in rectification deals with violation of first two principles that is property has been acquired unjustly or transferred unjustly. This injustice should be rectified. Following are the essential requirement which needs to be fulfilled for application of this theory.
a) identify the victims and perpetrators of an unjust acquisition or transfer of holdings and/or their Descendants.
b) identify the lost holdings and their possessors
c) compensate victims of injustice so that they are no worse off after t(R) than they otherwise would have been had the injustice not taken place.
Nozicks view of the Minimal State
He argues for a minimal state which he calls the ‘night watchman state’. According to him, State’s role is limited to protecting individual’s rights, especially the property rights. The states shall not interfere in people’s lives beyond the basic functions like enforcement of contracts, protecting citizen from violence, ensuring law and orde Nozick is against the idea of any state intervention that involves redistribution of wealth. He strongly rejects the idea of taxation and names it as a ‘forced labour’ because it involves taking away a portion of a person’s income without their consent. It is wrong for the states to impose taxes that are used for redistributing wealth.
Nozick’s theory is inspired by the John Locke ‘idea of property’, especially the ‘lockean’s proviso’. According to Locke people can acquire property by mixing their labour with unowned resources but there is a condition, that is, they must live enough and as good as for others. Nozick agrees with this, but he does not think the state should regulate property or redistribute.
Criticisms
1. Inequality- Critics often argue that Nozick’s the theory of justice does not pay attention to inequality, just because people acquire property fairly does not mean it’s fair. This will lead to a large difference in wealth, where they rich get richer and the poor get poorer.
2. Ignorance of social justice- Nozick focuses too much on individual rights and not on social justice. Critics argue that distribution of wealth can make the society fairer, especially for those who are disadvantaged. His theory does not support this idea.
3. Minimal state- Nozick’s idea of minimal state does not work in real world. A government that only protects people’s right might struggle to address bigger issues like poverty, healthcare, and education.
4. Taxation as forced labour- Nozick states that taxation for welfare programs is also like forced labour because government is taking your wealth without your consent. Herein the critics argue that tax is necessary for the government in order to provide things like roads, healthcare, education and etc, which will eventually benefit everyone.
Conclusion
Individual liberty, fair ownership, and limited government are key to Robert Nozick's justice theory. He believed that as long as individuals acquire and transfer property in a fair and voluntary manner, the distribution of wealth is appropriate, no matter how unequal.His Entitlement Theory stands in sharp contrast to viewpoints advocating for redistribution or equal outcomes.Nozick's beliefs highlight the importance of personal rights and the freedom to choose. While his theory has been praised for promoting individual liberty, it has also been criticised for neglecting to address social inequities and the needs of the impoverished.Nonetheless, his work is important in defining the term "social justice" and continues to influence debates about justice, property rights, and the role of government.
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