The “Boundary Constraint” Of Individual Rights

In the “anarchy, state an utopia”, Robert Nozick, the famous American philosopher, describes his rights theory systematically. Nozick thinks that the rights of individuals are supreme and inviolable. Rights have the function of “boundary constraint”. In Nozick’s rights theory, “boundary constraint” mainly reflects in two aspects: private domain and public domain. In private domain, “boundary constraint” expresses that a person’s rights limit the other’s rights.At the same time, a person’s rights constitute the rights boundary of others. In public domain, “boundary constraint” expresses that personal rights determine the boundary of power, so the power doesn’t infringe the right. Today, the theory of rights “boundary constraint” is still worthwhile, although its limitation is also obviously. This paper is divided into five parts in addition to introduction.In the introduction, this paper simply introduces the reason of writing, the innovation, and the existing research results about Nozick’s rights “boundary constraint” in the world.In the first part, this paper analyzes the background of Nozick’s rights theory from four parts. They are the experience of Nozick, the social background, the origin of theory and Rawls’ s influence on Nozick.In the second part, this paper mainly analyzes the range and characteristic of rights in Nozick’s rights theory. At the same time, this paper analyzes the status of rights in Nozick’s freedom. In my opinion, Nozick’s rights mainly refers to the property, the right has two characteristic: the first, individual rights are supreme, and it doesn’t be violated. The second, the rights have the function of “boundary constraint”, and the rights occupy an important position in Nozick’s freedom from first to last.In the third part, this paper demonstrates the Nozick’s rights “boundary constraint” in private domain from the acquirement and limit of property, the voluntary principle, the prohibition of crossing border and so on. Nozick thinks that there are three ways to obtain property in accordance with the principle of obtaining justice, the principle of transferring justice and the principle of correctional justice. But at the same time, Nozick thinks that we should be controlled to use the property, and we also should be restricted to get earnings by property. The dispose of properties are also limited. The acquirement and limit of property reflects the function of rights “boundary constraint”. In order to make the transfer behavior conform to the requirements of “boundary constraint”, Nozick put forward the “voluntary principle”, and forbids the act of crossing border.In the fourth part, this paper demonstrates the “boundary constraint” of Nozick’s public domain according to analyze the relationship between right, power and the country. In Nozick’s eyes, the right produces the power, and the right is higher than the status of the power. Besides, the right decides the power. Nozick put forward to set up the smallest state. He thinks that the state only can protect individuals from violence, and so on. This reflects the function of rights “boundary constraint”.In the fifth part, this paper estimates the value of Nozick’s rights “boundary constraint” from three aspects, such as the protection of rights, the establishment of limited government, the cultivation of civic consciousness. Besides, this paper also analyzes the defects of rights “boundary constraint”, because It ignores the legitimacy of public interests, its concept is not clear, the fair can’t be maintained, and Nozick exaggerates the right. In fact, the absolute rights of individuals are unable to realize.