progressivism, individualism, and the public ... - Telmarc Group

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The Telmarc Group PROGRESSIVISM, INDIVIDUALISM, AND THE PUBLIC INTELLECTUAL Note that in all three there is the implicit assumption of some underlying principle. Nozick states 136 : "A distribution is just if it arises from another just distribution by legitimate means. … The legitimate first "moves" are specified by the principle of justice in acquisition." He then goes on in a footnote to define the latter "Application of the principle of justice in acquisition may also occur as part of the move from one distribution to another. You may find an unheld thing now and appropriate it." 5.4.2 Positive and Negative Rights The issue of rights has often been brought up in an analysis of Nozick. There are two classes of rights: Negative Rights: The right not to be harmed. The right of habeas corpus is a negative right not to be imprisoned without a charge. You must be brought forth to the court and charged. The right to not have an interference with the practice of religion, Congress shall pass no law, the heart of the Bill of Rights. The Bill of Rights are in fact for the most part negative rights. protection from the Government. Positive Rights: These represent what you get from the Government, and the examples that Sunstein provides of FDR second bill of rights are all positive rights. You have a right to health care, housing, education and the like. To Nozick then one must ask if positive rights have any justification. Is not the exercise of a positive right in and of itself an expropriation and as such an infringement on liberty. Wolf has stated 137 : "Nozick allows that we can have positive rights. But except in very special cases they exist only as a result of people voluntarily undertaking the obligations that correspond to those rights…" As Wolff also states: "Primarily for Nozick one has such rights over one's life and liberty, and the general right to form specific rights to property. 136 Nozick, Anarchy, p 151. 137 Wolff, Nozick, pp 19-20. Page 126
The Telmarc Group PROGRESSIVISM, INDIVIDUALISM, AND THE PUBLIC INTELLECTUAL Thus one could argues that for Nozick the rights extend to one's own life, unencumbered right to one's own life, and if so, one then has the ability to chose when to end it. Furthermore the rights raises an issue as to whom they extend. Do rights extend to citizens, those who have agreed to be in the community, are aliens disenfranchised of rights, or is it that they never had them in the first place. Cane the rights be delimited even amongst citizens. For example in the US, I have a right as a natural born citizen to run for president, is that delimitation to only natural born a delimitation of a right. Then at what point in the process of existing do I become eligible for rights, at conception, or do we define that point. We have had persons with rights withdrawn, prisoners, slaves, traitors, and a variety of others for various reasons from time to time they have had rights not available. For example if we were to institute a guest worker program do we then confer rights, the same rights? 5.4.3 Critique of Distributive Justice Nozick, in simplistic terms, creates three constructs for distribution. They are simplified as follows: 1. Entitlement: One through their own efforts, Lockean work for example, gains title or ownership to property, and then has the entitlement to do with what he so wishes. 2.Patterned: The society determines a set of metrics as to how to distribute the things which are distributable. For example one may decide to distribute according to height, inversely according to weight, according to the length of the big toe, or whatever. This is typical of a pure socialist or communist society where the goods go to those needing them the most and are taking from those who have excess. It begs the question of need and excess but alas that has always been the quandary. Patterned distribution is also a centralized form requiring hopefully a benevolent central distributor or controller. 3. Un-patterned is distribution according to some random or capricious manner. Gifts from parents to children, charity, government graft, and the like. There is no rule, no basis of entitlement. These are the three main ways Nozick sees in redistributing things in a society. The Rawlsian approach is patterned but "behind the curtain" ensuring distributional equity. 5.4.3.1 Entitlement Theory Entitlement theory makes the assumption that in some way an initial acquisition is entitled by some principle of justice. Thus in a Lockean sense if there was unclaimed land, say in New Jersey, in 1620, If I were to then clear the land, plan crops, file a claim at a court house, does that create an initial claim, because I worked and the work is converted to ownership. What of the Leni Lenape who hunted the land before I arrived, did they have claim to the land? If so does my claim now have to be a transfer claim Page 127
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