民法科学杂志

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Robert Nozick’s Entitlement Theory of Justice, Libertarian Rights and the Minimal State: A Critical Evaluation

Salahuddin A*

Robert Nozick in his famous book Anarchy, State and Utopia (1974) responded to, in part, John Rawls’ distribution theory as articulated in the latter’s celebrated book A Theory of Justice (1971) with the former’s entitlement theory. Nozick calls Rawls’ distribution theory a patterned theory. To Nozick, no distribution is just and there should not be redistribution at all. Redistribution infringes individual’s rights which, according to Nozick, trumps all other considerations and subject matters. In Nozick’s view, individual rights are all that matters and that there is nothing such as a society or community or collective well-being. In line with this course arguments, Nozick falls just short of supporting anarchy but the all-encompassing individualism that he propagates only allows for the existence of the minimal state which he regards as the only legitimate form of state which does not violate individual’s rights. Nozick’s theories blatantly rejects the idea of any more extensive form of state such as those propagated by Rawls which calls for distributive justice i.e. through taxing individuals and redistributing them. This article will shed light particularly on entitlement theory of justice, libertarian rights, individualism and the minimal state and evaluate them from a critical perspective.