Difference between revisions of "The Entitlement Theory of Justice"

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[[Category:Huben on Nozick]]
 
[[Category:Huben on Nozick]]
 
{{DES | des = Like most of Nozick's arguments in [[Anarchy, State and Utopia]], the strength of the Entitlement Theory of Justice is illusory.  It suffers critically from a lack of foundations and vulnerability to simple counterexamples.}}
 
{{DES | des = Like most of Nozick's arguments in [[Anarchy, State and Utopia]], the strength of the Entitlement Theory of Justice is illusory.  It suffers critically from a lack of foundations and vulnerability to simple counterexamples.}}
{{Under Construction}}
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Nozick's "Anarchy, State, and Utopia" was very influential, in part because
 
Nozick's "Anarchy, State, and Utopia" was very influential, in part because
 
of the novelty and creativity of the arguments.  One of the most striking
 
of the novelty and creativity of the arguments.  One of the most striking
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== Missing Justice in Externalities ==
 
== Missing Justice in Externalities ==
Nozick's justice in transfer presumes that the transfer is entirely voluntary,
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Nozick's entitlement theory only presumes that there are no externalities from the two steps,
ie. there are no unjust side effects.  Levee building, conspicuous protective
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ie. there are no side effects that involuntarily affect other people.  Any acquisitions or transfers or use that cause prices to arise or change involuntarily affect other people, and thus may be unjust.  Use of property can create injustice.  Levee building, conspicuous protective
 
services, etc. all divert hazard to others.  The whole legal principle of
 
services, etc. all divert hazard to others.  The whole legal principle of
 
attractive nuisance is based on this.
 
attractive nuisance is based on this.
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Old Notes:
 
Old Notes:
 
<pre>
 
<pre>
Nozick's "Whatever arises from a just situation by just steps is in itself
 
just" can fail because of many implied requirements.  Perfection of the
 
original situation and the steps is required.  Just initial situations are
 
required (an impracticality.)  And a demonstration of perfect
 
justice-maintainance of the steps is required: a step may be just without
 
maintaining justice. (This is a big problem: he's making an inductive argument
 
withotu showing the critical step.)  For example, if it is just to take a
 
seat on a bus
 
when there is no elderly person present, and it is just for an elderly
 
person to enter the bus after that, it is not just to remain in the seat
 
after the elderly person has entered.  But worse, in real life we can't ever
 
have perfect justice of steps or starting situations.  So the question is
 
whether the steps move us closer or further from justice, and where an
 
equilibrium will be reached (if one exists.)  The Nozick statement has an
 
implied binary logic model which real life doesn't match.
 
In addition, this bus example is analogous to the Lockean Proviso.
 
 
"voluntary" is really a remainder of the set of actions.  It is actions that
 
are not necessary, that are not coerced.  But worse, it is not an all-or-none
 
category: it is fuzzy.  The set of possible actions to choose from is not
 
voluntarily created in a general sense: it is created by society.  When it is
 
restricted by society, and an individual is channelled to a small set of
 
choices, is his choice going to be voluntary?  Your money or your life?
 
Are choices required by earlier "voluntary" choices still voluntary?
 
What about choices about coercion?
 
Can we profitably use a space model to analyze voluntary?
 
Possible axes:
 
        choices from unlimited to strongly limited
 
        reversable vs irreversable (or penalty for reversing.)
 
        uncoerced to heavily coerced
 
        necessary (breathing) versus unnecessary
 
 
Nozick's justice in transfer presumes that the transfer is entirely voluntary,ie. there are no unjust side effects.  Levee building, conspicuous protective
 
services, etc. all divert hazard to others.  The whole legal principle of
 
attractive nuisance is based on this.Nozick is attempting to create a pattern of perfection in justice, instead of
 
goods.  This pattern too fails if voluntary transfers can create any injustice.
 
Then people will attempt to create the amount of injustice they want.  After
 
all, justice too is a good.
 
 
Nozick's justice in acquisition is the basis for an inductive demonstration of
 
the possibility of a just society.  However, induction requires a true
 
initial state, something that Nozick blatantly omits.
 
There are some published objections of this sort.
 
www.american.edu/cas/philrel/pdf/upload/Lucibella.pdf
 
 
Nozick simulates mathematical induction (and uses the word induction), without m
 
eeting the requirements.  Google induction "justice in transfer"
 
 
Justice in acquisition tends to ignore opportunity cost: there is not "as much a
 
nd as good" afterwards.  Whenever price appears, there is not as much or as good
 
.
 
  
 
Nozick, Justice, and the Sorites (Jstor)
 
Nozick, Justice, and the Sorites (Jstor)
  
 
</pre>
 
</pre>
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Revision as of 17:43, 1 November 2017