Libertarianism: Politics of Free Individuals

1. Libertarianism: Politics of Free Individuals Robert Nozick Dr. Schmid, Ph.D. Philosophy and Religion, UNCW

2. Questions re: Utilitarianism • Why is respecting individual rights and persons the ‘right’ thing to do? • Because it leads to the greater good in the long run. • But is that the right reason for upholding individual rights?

3. Utilitarianism vs. Libertarianism • Focus on consequences of actions • Principle of Utility • Protection of rights of individuals/consent is conditional on whether  “greater good for greater number” – this may require sacrifice from well-off (Singer) • Focus on individuals and their rights • Principle of Self-Ownership • Protection of rights of individuals/consent is absolutely required, if “conditions of justice” obtain – justice does not require sacrifice for others!

4. The Libertarian Self and State • Individual owns himself • Can have “voluntary exchange” or associations • Has rights/duties: • Life – not to take life • Liberty – not to restrict others private lives, or expect them to serve you • Property – free exchange of goods/services • Legitimacy = social contract of individuals • “Minimal state” • Military, police protection • Judiciary to protect rights • Free market / contracts • Rejects • Paternalist laws e.g. seat belts • Morals laws, e.g. vs. homosexuality • Redistribution of wealth

5. Wealth in America: Is this just?

6. Nozick on economic justice • Cannot determine justice from results, but only from how they came to be • Forms of justice • Justice in acquisition =how was the property originally acquired? • Justice in exchange = a free market without force or fraud • (3rd = corrective or judicial justice)

7. Who is the wealthiest? How much is Bill Gates worth? $40 Billion

8. Another wealthy American • How much does MJ make? $31 Million (salary) $44 Million (endorsements) = $78 Million (2005)

9. Do you agree? • Libertarian: It is wrong to take $ from MJ and redistribute it to meet the needs of the poor; it is a kind of theft

10. Nozick’s argument • Taxation* = taking of justly acquired earnings • Taking of earnings = forced labor • Forced labor = slavery Taxation* = a form of slavery, whereby the state claims part ownership in me, whereby the state claims I do not own myself *beyond the needs of the minimal state; esp. for redistribution

11. Objections to Libertarianism • Poor need $ more • Not = slavery to tax, because it takes money, not freedom • Taxation = by consent of the governed • Successful owe a debt to society • Wealth is often due to luck, not merit

12. Many functions of government eliminated in minimal state: • Paternalist: seat belts; but also: social security; health insurance laws • Morals: laws vs. gambling, consensual sex (incl. gay/lesbian) or exchange; non violence-inducing drugs; almost all censorship • Redistribution: unemployment insurance; welfare (e.g. food stamps, public housing), public goods, e.g. K-12 schools, fire companies (Salem Fire Corp.), Federal Health Care Act

13. 2 Basic Questions for Libertarian • Do we really “own” ourselves or are we, as part of society, in some way obligated to society prior to our individual being and rights? • Does libertarianism, taken to its ideological ends, lead to “humanly disastrous” consequences? Is it socially irresponsible?

14. Appendix: Justice in Acquisition and Reparations

15. Locke on the right to property • “Everyone has property in their own person, including the labor of his body. When a man removes something from the state of nature, and mixes it with his own labor, he has a natural right to it. If he farms land, he has the right to enclose it (where there is still land available for others) and make it his own.”

16. Justice and Colonization • American Indians, being hunters and gatherers, generally did not farm or enclose land. • Locke’s theory of natural property rights was used to justify the seizure and enclosure of the land by European settlers. • The Indians objected, on the grounds that “the land belongs to all.”

17. Awkward Question • If John steals a bicycle from Reggie and gives it to his kid Sarah, Reggie dies and his son Jack discovers what has happened, does Jack have the right to the bicycle? • Does the transfer of wealth based on decades of slavery and segregation = injustice that should be restored through reparations?

18. Collective Responsibility? • Suppose it can be established that “significant long term harm” is done a group of people (race, Native American, women) by state action (e.g. to Jews by Germany) • Is there a collective responsibility to redress the wrong?