Responding to John Rawls egalitarianism, Robert Nozick responds that “….in a socialist society… no end-state principle or distributional patterned principle of justice can be continuously realized without continuous interference with peoples’ lives. Any favoured pattern would be transformed into one unflavored by the principle, by people choosing to act in various ways…” (Nozick 1974, 163) This essay will argue that Nozick’s objection is successful against Rawls, only to the extent that it is understood in the context of Rawls’ understanding of his own theory. If Nozick is correct, then Rawls insistence on the priority of liberty is flawed because his Difference Principle is incommensurable with his Liberty Principle. Further, this paper will then argue that the objection is only a necessary step in a fully sufficient set of reasons for rejecting Rawls’ complete Theory of Justice. Finally, it will end by highlighting a puzzle at the heart of the dispute between Nozick and Rawls that has yet to be solved.
In 1974, Robert Nozick wrote a lengthy response to John Rawls’ A Theory of Justice, called “Anarchy, State, and Utopia”. One of Nozick’s core critiques of Rawls, centers around a characterization of the kind of Justice that Rawls was advocating. Nozick called it, the justice of “patterned distributions”.
Famously, Nozick argued against a fixed “patterned distribution” of wealth, using the metaphor of famous basketball player Wilt Chamberlain. The entire allegory is too much for this post but to summarize briefly, he pointed out through this metaphor that, given a regime of voluntary individual exchanges which, are ostensibly morally acceptable even on Rawls conception of patterned justice, the only way to maintain a fixed pattern of distribution, would be through the application of force, which itself could be construed as unjust, on Rawls’ own theory.
One particular point raised by Dave sticks out for me. He asks a few times, whether “liberalism is too soft” on radical ideologies nestled within the boundaries of its political realms. The question is never really engaged directly. But indirectly, there are many points in this interview in which toleration of illiberalism is called into question, as a general policy (either social or legal). This is something that should really be considered carefully, and not just left by the side of the road, as we move on to other things.
J.S. Mill’s famous essay On Liberty proposes a broadly Utilitarian principle to be applied for the purpose of the preservation of individual liberty against state coercion. This principle is known as the ‘harm principle’. Mill provides three vaguely distinct formulations of the principle, and in each one, the term ‘harm’ takes on a slightly different meaning. The first formulation implies a definition of harm as an act which would require either individual or collective ‘self-protection’ as a response. The second, more augmented formulation implies that a harm is an act of either commission or omission, that is hurtful to the ‘interests of others’. The final formulation of the principle implies that a harm is any act which impedes or deprives others’ pursuit of ‘their own good, in their own way’. This essay will first briefly summarize these three formulations, and then assess whether they function as bulwarks of liberty. At that point, I will pivot to examine how the harm principle is incorporated into Mill’s view of free speech in chapter two of the work, and briefly evaluate the strength of his defense against censorship in that context.
