Nozick’s non-aggression principle

I am reblogging part 11 of my in-depth review of Nozick’s “Anarchy, State, and Utopia” (ASU). The post below covers the fourth section of Chapter 3 of ASU, where Nozick justifies his non-aggression principle. As I explain below, however, Nozick’s reasoning appears to be circular. According to Nozick, individuals have rights — rights that must always be respected under the side constraint view — because they have “separate lives”, i.e. because they are individuals! Also, what about children? Non-human animals? All Nozick has done (thus far) is to assume the primacy of the individual over the family or the animal kingdom or other collective. More fundamentally, Nozick doesn’t define (at least not yet) what constitutes “aggression” or otherwise demarcate the outer limits of the non-aggression principle beyond physical harm, except to to make an exception for self defense.

F. E. Guerra-Pujol's avatarprior probability

In our previous post, we reviewed the third subsection of Chapter 3 in which Nozick makes a strong case for preferring moral side constraints over moral end states. In the fourth subsection (pp. 33-35), Nozick will focus on the libertarian principle of non-aggression. Here, he reiterates his normative conclusion in favor of side constraints (p. 33, “The root idea [is] that there are different individuals with separate lives and so no one may be sacrificed for others …”) and then finally gets around to identifying the source of his premise that individuals have rights and the content of these rights! According to Nozick, individuals have rights just because they are individuals (“individuals with separate lives”), and further, this tautological moral fact (individuals are individuals) thus imposes a Kantian duty on all to not harm others. Or in Nozick’s words (p. 33), “the existence of moral side constraints …leads to…

View original post 246 more words

Posted in Uncategorized | Leave a comment

Nozick’s initial defense of moral side constraints

I am reblogging part 10 (see below) of my in-depth analysis of the ideas in Nozick’s “Anarchy, State, and Utopia.” Here, we review the third section of Chapter 3 of the book, where Nozick defends his “side constraint” view of morality, but as I explain below, I am still somewhat skeptical of Nozick’s underlying premise that “individuals have rights.” Why? Because Nozick has yet to elaborate what these rights are (beyond the duty not to harm or injure others) or where such rights come from.

F. E. Guerra-Pujol's avatarprior probability

In the second subsection of Chapter 3, which we reviewed in our previous post, we saw two possible ways of operationalizing Nozick’s moral premise that individuals have rights. Either we could make it our overall goal to minimize the violation of such rights or we could treat the non-violation of our rights as a moral duty or “side constraint” upon our actions. Next, in the third subsection of Chapter 3 (pp. 30-33), Nozick will consider one of the most fundamental questions of moral philosophy: whether we should choose the end state, goal-directed view of morality or the side constraint view. Specifically, why should we treat the non-violation of rights as a side constraint and not as a goal or end state? In three words, Nozick prefers the side constraint view because “Individuals are inviolable” (p. 31). As Nozick notes (pp. 30-31), “Side constraints upon action reflect the underlying…

View original post 240 more words

Posted in Uncategorized | Leave a comment

Nozick on rights and moral goals versus moral constraints

I am reblogging part 9 (see below) of my in-depth review of Nozick’s “Anarchy, State, and Utopia” (ASU), which explores the second section of Chapter 3 of ASU, where Nozick draws yet another distinction — a distinction between “moral goals” and “moral constraints” or between a goal-directed view of morality and a rights-based view of morality. For now, whichever view of morality one prefers, I have two questions for readers of Nozick: (1) how are we supposed to choose between these two approaches to morality, i.e. between “end states” and “rights”? And (2) what about trade offs? In other words, how much of our “rights” are we prepared to sacrifice in order to achieve a particular end state, or vice versa, how much of an ideal “end state” are we willing to forego in order to vindicate our rights?

F. E. Guerra-Pujol's avatarprior probability

In the first subsection of Chapter 3, which we reviewed in our previous post, Nozick drew a distinction between two types of libertarian government–minimal states and ultraminimal states–and identified a foundational moral problem with each type of state. Here, we will review the second subsection of Chapter 3 (pp. 28-30), where Nozick reformulates the age-old moral problem of “ends” versus “means” in terms of moral goals and moral constraints. In brief, according to Nozick, there are two ways of applying morality to our actions. One way is by setting a moral goal G or morally attractive “end state” that we hope to achieve. Although this goal-directed view of morality emphasizes ends, Nozick adds a new wrinkle to this approach. According to Nozick, our moral goal or end state need not be the traditionally utilitarian or consequential one of maximizing utility or happiness; it could just as well…

View original post 348 more words

Posted in Uncategorized | Leave a comment

Nozick’s two problems of libertarian theory

Let’s resume my review of Nozick’s “Anarchy, State, and Utopia” (ASU). Here, I am reblogging part 8 of my review (see below), which covers the first section of Chapter 3 of ASU, where Nozick draws a distinction between two types of nightwatchmen states: a “soft core” minimal state that protects all its citizens against harm — even those persons who would prefer to opt out of state protection altogether — and a “hard core” libertarian ultra-minimal state that only protects its own customers (i.e. a protection racket).

F. E. Guerra-Pujol's avatarprior probability

Nozick begins Chapter 3 (pp. 26-28) by drawing a distinction between two types of libertarian government (see image below): a “soft core” libertarian minimal state that protects all its citizens against harm and a “hard core” libertarian ultra-minimal state that only protects its own customers. In Nozick’s own words (p. 26), a minimal state is the “night-watchman state” of libertarian theory, one that is “limited to the [narrow] functions of protecting all its citizens against violence, theft, and fraud, and to the enforcement of contracts.” An ultra-minimal state, by contrast, “provides protection and enforcement services only to those who purchase its protections and enforcement policies” (ibid., italics in original). Also, Nozick identifies two foundational problems, one for each type of libertarian governance.

On the one hand, the problem for proponents of the soft core minimal state is that such a state is necessarily committed to some level of economic redistribution…

View original post 167 more words

Posted in Uncategorized | Leave a comment

Anniversary of the JFK assassination

Today (Nov. 22) is the 58th anniversary of the assassination of President John F. Kennedy. Did the Warren Commission lie to us about Lee Harvey Oswald (i.e. the improbable “lone gunman” theory), or did the commission get it right? Either way, what if we could place bets on whether there was a conspiracy or not to kill the president? (As it happens, I propose just such a “retrodiction market” here.)

F. E. Guerra-Pujol's avatarprior probability

Although most North Americans are celebrating Thanksgiving today, we must never forget that on this day 55 years ago (22 Nov. 1963) President John F. Kennedy was assassinated in Dallas, Texas. What if the presidential motorcade had continued down Main Street (further away from the book depository building where the assassin Lee Harvey Oswald was lying in wait) instead of going down Elm Street?

Image result for jfk assassination map Credit: Donald Roberdeau

View original post

Posted in Uncategorized | Leave a comment

Proto-state or protection racket?

I am reblogging part 7 (see below) of my review of Robert Nozick’s “Anarchy, State, and Utopia” (ASU). Here, we proceed into the last section of Chapter 2 of ASU. Before proceeding, however, let’s recall two of Nozick’s previous conjectures — that “protection associations” will emerge in a state of nature and that these protection rackets will end up carving up their own exclusive zones, with a single dominant group selling protection in each territory. In the last part of Chapter 2, Nozick asks whether these dominant groups can be classified as “states” (or proto-states) or whether they are just extra-legal protection rackets?

Either way, I take objection to Nozick’s entire approach to the state of nature. Why? Because Nozick paints a picture of spontaneously-emerging and competitive protection rackets, but how can such a market exist in a state of nature, or as I wrote in my original post below: “… how can there be a market without some meta-protection agency to enforce the contracts made between individual buyers and sellers of protection? Instead of providing an answer to these fundamental questions, Nozick simply assumes them away. Like a good economist, he simply assumes into existence a perfect world of zero transaction costs and perfect enforcement of contracts, but a good economist might make a bad philosopher.”

Note: I will begin reviewing Chapter 3 of “Anarchy, State, and Utopia” on Monday (11/22).

F. E. Guerra-Pujol's avatarprior probability

Nozick concludes Chapter 2 (pp. 22-25) of Anarchy, State, and Utopia with a hybrid definitional-theoretical question: Is the dominant protection association a state? That is, does the postulated dominant protective association (postulated by Nozick) rise to level of a minimal or proto-state, or is such a private group just a protection racket? (Recall that, according to Nozick, a number of protection rackets will emerge in a state of nature and that these protection groups will end up carving up their own exclusive zones, with a single dominant group selling protection in each territory.) For his part, Nozick defines the state in terms of monopoly (p. 23): “A state claims a monopoly on deciding who may use force when; … furthermore it [the state] claims the right to punish all those who violate its claimed monopoly.” With this definition in mind, he then proceeds to distinguish private protection rackets from states…

View original post 363 more words

Posted in Uncategorized | Leave a comment

Are Nozick’s protective associations natural monopolies?

I am reblogging part 6 (see below) of my in-depth review of Nozick’s “Anarchy, State, and Utopia” (ASU). Here, we proceed into section three of Chapter 2 of ASU, where Nozick makes a third conjecture — in addition to his two previous conjectures in section two of Ch. 2 (see my previous post). Specifically, Nozick conjectures that a single, all-powerful protection society — or a small group of territorial protection rackets — will eventually emerge in the state of nature. Once again, however, for the reasons I give in my post below, I take objection to Nozick’s third conjecture. Below is an excerpt from my original post:

“… Nozick doesn’t refer to the economic concept of ‘natural monopoly’; yet he is essentially arguing that protection groups are a kind of natural monopoly. If this crazy conjecture were really true, we would expect cities like Chicago or Los Angeles to have one dominant gang or a city like New York to have one single crime family, not five. While it’s true that gangs and crime families divide up territories and strictly enforce their turf, it’s not for reasons of natural monopoly or ‘economies of scale’. Rather, as soon as we gaze beyond the friendly confines of the Ivory Tower, we see that gangs, crime families, and protection rackets generally are organized … around family ties or for ethnic, linguistic, or other cultural reasons. But culture, family, and ethnicity are all missing from Nozick’s ahistorical account of the state of nature.”

F. E. Guerra-Pujol's avatarprior probability

We continue our review of Chapter 2 of Anarchy, State, and Utopia. As we noted in a previous post, Chapter 2 is divided into five subsections. Here, we review the third subsection (pp. 15-17), which is aptly titled “The Dominant Protective Association.” Aptly titled because Nozick conjectures that a single, all-powerful protection society (or a small group of territorial protection rackets) will eventually emerge in a Lockean state of nature: “Out of [Lockean] anarchy, pressed by … market pressures, economies of scale, and rational self-interest, there arises something very much resembling a minimal state or a group of geographically distinct minimal states” (pp. 16-17).

Alas, Nozick’s conclusion is false. Strangely enough (given the plethora of economic jargon in the quote above), Nozick doesn’t refer to the economic concept of “natural monopoly”; yet he is essentially arguing that protection groups are a kind of natural monopoly. If this crazy conjecture were…

View original post 185 more words

Posted in Uncategorized | Leave a comment

Nozick’s protective associations (and two untestable conjectures)

I am reblogging part 5 of my extended review of Robert Nozick’s beautiful book “Anarchy, State, and Utopia.” (See below.) Here, we move into section two of Chapter 2 of Nozick’s magnum opus, where Nozick makes two conjectures. First off, he retrodicts the emergence of “mutual-protection associations” in the state of nature, and then he further conjectures that some people in the state of nature will choose to specialize in the adjudication of disputes. But as I explain in my review below, there is a massive blind spot in Nozick’s libertarian picture of spontaneous protection rackets and entrepreneurial enforcers: the lack of enforceable contracts in the state of nature. Specifically, what if the enforcers or hired guns in of one of Nozick’s “protection associations” are involved in a dispute with each other? What then?

F. E. Guerra-Pujol's avatarprior probability

Our previous post revisited the first section of Chapter 2 of Anarchy, State, and Utopia. In that post, we summarized Nozick’s comprehensive summary of three serious problems that could arise even in Locke’s idyllic version of the state of nature. To sum up, these practical problems, or what Nozick euphemistically refers to as “inconveniences,” could generate terrible injustices and could also potentially lead to endless blood feuds, to a Hobbesian war of all against all. In the next two section of Chapter 2 (pp. 12-15), Nozick offers up two bold but untestable conjectures. First, he posits the spontaneous emergence of “mutual-protection associations” (p. 12). That is, people in Locke’s state of nature will not sit idly by on their asses; they will proactively form protective associations or informal alliances in order to avoid the risk of endless feuds and protect their natural rights, such as the right to life and the right…

View original post 392 more words

Posted in Uncategorized | Leave a comment

The laws of nature

I am reblogging part 4 (see below) of my extended review of Nozick. Here, we proceed into Chapter 2 of “Anarchy, State, and Utopia” — a chapter which has five sections. In the first section, Nozick identifies two natural laws that operate in the state of nature: the non-aggression principle — “no one ought to harm another in his life, liberty, health, or possession” (p. 10) — and the law of retribution, i.e. if a person in the state of nature harms another person, the injured party has a moral right to punish the transgressor. The problem with these two laws, however, is that there are no courts in the state of nature to determine what constitutes “harm” — so acts of private retribution will often produce endless cycles of violence. Also, what about the laws of kinship? To the point, isn’t the family the true source of the state and of natural law?

F. E. Guerra-Pujol's avatarprior probability

Chapter 2 of Anarchy, State, and Utopia is divided into five separate subsections. Here, we will review the first of these five subsections (pp. 10-12), where Nozick summarizes Locke’s description of the state of nature and identifies three practical problems or “inconveniences” that could arise in a state of nature. According to Locke, the state of nature (i.e. absence of civil government) is governed by two natural laws. The first natural law is that “no one ought to harm another in his life, liberty, health, or possession” (p. 10), while the second natural law is the law of retribution. Specifically, if a person in the state of nature harms another person, the injured party has a moral right to punish the transgressor. But as Nozick correctly notes, these two laws of nature produce several “inconveniences.” One inconvenience is that men in the state of nature “will [tend to] overestimate the…

View original post 143 more words

Posted in Uncategorized | Leave a comment

Nozick’s state of nature

I am reblogging part 3 of my in-depth review of Robert Nozick’s “Anarchy, State, and Utopia” (see below). Here, Nozick joins a conversation that began centuries ago with Thomas Hobbes, John Locke, and Jean Jacques Rousseau, a conversation centered around “the state of nature” — a world without states or governments, a world without politics. But is a world without politics possible? For my part, what I find most troubling about this conversation is that most of the discussants, beginning with Hobbes, Locke, and Rousseau, rarely talk about the role of kinship rules in the state of nature. Yes, there are no states in the state of nature, but there are families, kin groups, and elders!

Nozick is no exception in this regard. Instead of taking an anthropological approach to the state of nature, Nozick conjures up a hypothetical fantasy world that has probably never existed anywhere at any time. But as I explain below, there might indeed be a kind of method to Nozick’s methodological madness. In fact, when I read Nozick for the first time, one of the things that I ended up liking most about “Anarchy, State, and Utopia” is all the thought-experiments and imaginary scenarios that Nozick conjures up on page after page of his book. Perhaps thought-experiments are no substitute for empirical reality, but if I have to choose, I prefer a creative philosophical thought-experiment, one whose assumptions are few and openly stated up front, a million times over a complex and convoluted “empirical” paper full of contested and often hidden assumptions and impenetrable statistical jargon.

F. E. Guerra-Pujol's avatarprior probability

Chapter 1 of Nozick’s classic work “Anarchy, State, and Utopia poses the following “what if” thought experiment: What if we lived in a state of nature, in a world in which there were no actual states or governments? This hypothetical first-order inquiry, in turn, raises a methodological second-order question: Why does Nozick himself begin his book with such an abstract, theoretical query?

Nozick provides two reasons for his second-order query. First: because the choice between the state and anarchy is the most fundamental question of political philosophy. And second: because Nozick wants to explain how a state or government could in theory arise in conditions of anarchy. The key words here are “in theory”, for Nozick readily admits that it doesn’t matter to him how the first states or governments really arose. What matters, according to Nozick, is not whether a particular explanation of the state is true or…

View original post 186 more words

Posted in Uncategorized | Leave a comment