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| Moral Rights |
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Ann Speaking
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I agree
with Thomson. I think Nozick's property rights
are way too strong. But I think it is also
important to realize that it isn't clear what
his property rights would imply for our
situation in the United States today.
Nozick himself pointed out, after presenting his
theory, that we cannot apply it directly to any
specific case such as the United States. A
theory of rights must include principles and
rules telling us what to do if rights have been
violated in the past. Nozick is very clear on
this. He calls it "rectification" but says very
little about it.
These issues are very complex
and are best left to a full treatment of
the principle of rectification. In the
absence of such a treatment applied to a
particular society, one cannot use the
analysis and theory presented here to
condemn any particular scheme of
transfer payments, unless it is clear
that no considerations of rectification
of injustice could apply to justify it.
Although to introduce socialism as the
punishment for our sins would go to go
too far, past injustices might be so
great as to make necessary in the short
run a more extensive state in order to
rectify them. [Anarchy, State, and
Utopia p. 231]
In my view, a study of our history would lead
to the following conclusions even if we began
with libertarian premises:
- Massive reparations would be required
to make up for the theft, fraud,
violence, and threats that have occurred
over the centuries.
- Full rectification may be impossible,
but partial rectification is feasible.
- The present distribution of wealth and
income would not be justified. Major
changes would be required.
I would like to make one more point about
Nozick's view. He believes that a readjustment
based on past injustice should be a one-time
readjustment. But I think that is politically
impossible. If so, the question becomes this:
What is the second best solution to the
problem of past injustice from
libertarian point of view? I would like to
suggest that it would be something far less
than a large-scale, one-time readjustment --
perhaps a small ongoing adjustment in wealth
and income. At least that is politically
feasible. But it also sounds similar to the
operation of the welfare state that we already
have. In other words, a libertarian who wants
to rectify past injustices may end up
supporting some basic welfare state programs.
Dee and I might end up with a curious
convergence despite our different premises!!
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