Class 4 - Rights Theory Flashcards
libertarianism
Libertarians seek to maximize autonomy and political freedom, and minimize the state’s encroachment on and violations of individual liberties; emphasizing the rule of law, pluralism, cosmopolitanism, cooperation, civil and political rights, bodily autonomy, freedom of association, free trade, freedom of expression
What are your basic human rights?
Rights that are so basic that everyone must have?
Life, liberty, pursuit of happiness
Food, water, shelter
Something that everyone is born with?
Something that nobody can take away from anyone?
Then, think about what we need (as a society) to guarantee that right.
Judicial system and money
libertarianism and being in a bubble
No one can harm you if you are in this bubble
Do not need a government
- Each person naturally has inalienable, inviolable rights (“negative rights”) - does not require government to have this right
Negative rights are boundaries around each person that may not be crossed - There are no moral principles applying to social institutions that cannot be derived from the rights of their individual members
- There is no moral reason to mitigate social and economic inequality
Society doesn’t have the obligation to fix social problems - The only legitimate state is a minimal state limited to the provision of security, the protection of property, and the enforcement of contracts
Doesn’t mean there is no order just minimal order to ensure individuals are safe
How are these arguments different from Rawls’s theory?
Rights Theory - Negative Rights
- Negative rights
Negative rights only require that people forbear from acting in certain ways; beyond that, we are not obliged to do anything positive for anyone
We cannot morally infringe on someone’s negative rights
We possess negative rights independent of any institutions
Rights Theory - Historical Principle
- Historical principle
Whether a distribution is just depends on how it came about
OR –> End-result principle: Whether a distribution is just depends on whether it fits some structural criterion (for example, equality, fairness, etc.)
***Look at the history to make a decision
Rights Theory - Unpatterned Distribution
- Unpatterned distribution
Patterned distribution: To each according to his or her merits, needs, benefits, etc.
Someone’s individual rights will be infringed upon
Unpatterned distribution: To each according to as they choose
Nozick likes this
People decide individually what they want based on mutual agreement without impeding on each others rights
How? Entitlement theory
“To maintain a pattern one must either continually interfere to stop people from transferring resources as they wish to, or continually (or periodically) interfere to take from some persons resources that others for some reason chose to transfer to them.”
Entitlement Theory under Rights Theory
- A person who acquires a holding in accordance with the principle of justice in acquisition is entitled to that holding
- A person who acquires a holding in accordance with the principle of justice in transfer, from someone else entitled to the holding, is entitled to the holding
- No one is entitled to a holding except by (repeated) applications of 1 and [2:]
What constitutes a “just” acquisition or transfer?
An acquisition or transfer is just if the transaction did not violate anyone’s negative rights
Criticism of Rights Theory
Is it really free exchange? (child labor.. sweatshops..)
Are all free exchanges moral? (sell more drugs to drug addicts)
do people deserve all they get through free exchange? (what if your parents were rich? or if you were lucky?)
no moral obligation to do anything you don’t want? (you see someone dying and youre capable of saving them)
Discussion questions for Rights Theory
- Why is Nozick against patterned distribution?
- Infringes on negative rights
By imposing a patterns distribution you infringe on rights - For Nozick, how can you tell whether an acquisition or transfer is just?
- If no one’s negatives rights are infringed upon
Nature of transaction.. Is it fair? How do we know?
Violation of personal rights/negative rights - Nozick said that “taxation of earnings from labor is on a par with forced labor.” What does he mean by that?
- Income tax is forced labor? Why?
Because the government itself is requiring you to give something up.. Something you worked for.. That is infringing upon your negative rights
You are being forced to work for the government - Apply Nozick’s entitlement theory to payday lending. Millions of low-income families have fallen victim to the debt trap of triple-digit interest rates, while payday lenders enjoy record profits every year. Are payday lenders entitled to the profits that they collect? Should the government regulate payday lending business by putting a limit on the interest rates?
- You are being tricked (FRAUDULENT) but Nozick is saying it doesn’t matter!!!!! They agreed and knew about their rates… No coercion means there are no infringements of their rights. It is legitimate.
principle of justice in initial acquisition vs principle of justice in transfer
A principle of justice in initial acquisition specifies when a person who acquires an unowned item can be legitimately entitled to that item. When that occurs, a person who acquires this item in accordance with a principle of justice in transfer is also entitled to that item.
nozick’s right theory & positive/negative right
Nozick’s rights theory which is a non-consequentialist theory - way you get to make a moral decision (not the consequences)
Utilitarian theory is focused on consequences
Nozick’s right theory is focus on the means that it takes to get to said consequences (non-consequentialist theory)
Teleological and deontological theories
Negative right: right to be left alone. Free to pursue what you want without interference
Nozick is focused on this (more than positive rights)
Freedom and liberty
Positive right: right to a thing, ideology, someone’s love. Right to have things you don’t have to work for
robert nozick’s rights theory - decision rule
Decision rule
Freedom from force and fraud
Bottom line is freedom from force and fraud
Force is physical force or threat of physical force (not mental)
In business you have choices (not physical force threats)
Eliminating your choice if physical force is present
Fraud - getting someone to do something through misinformation OR withholding information (someone should’ve told you)
If you did not use force or fraud on anyone then you are an ethical person according to Nozick
robert nozick’s rights theory - biggest pro
Virtually complete freedom of action with minimal government intrusion
Freedom of action
Ability to do whatever they want (without force or fraud)
Freedom and choice
Requires little government intrusion
robert nozick’s rights theory - biggest con
Disregard for the interests of others
Not considering the interest of others when making decisions
Not your ethical role to take care of people based on this theory
Undeserved inequality
Born into the wrong situation
People don’t have the responsibility to help people who were born into these circumstances
Right to assistance
Do people have the right to help others
robert nozick’s rights theory - example
Certain “payday loan” providers
Unethical industry?
People in bad circumstances needing fast cash and is to take a lien on next paycheck and they will charge high interest rate
Is interest rate ethical?
Lenders say yes because of huge risk
The borrowers know risk
Others say no because they are taking advantage of other people
