Font Size: a A A

Nozick Acquires Justice Theory Research

Posted on:2020-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y D LiFull Text:PDF
GTID:2436330578472249Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The concept of rights and justice is the inescapable core object of political philosophy and legal research,and it is difficult to make a conclusion on the relationship and status of the two concepts.However,Nozick bluntly states that rights are absolutely inviolable in any field.As the representative of libertarianism,Nozick takes the snjremacy of individual rights as a logical starting point and consistently defends the rights of private property.It is not only the flashpoint of his entitlement theory of justice,but also the target of attacks by many critics.In Nozick's view of rights,individual rights are the starting point and ultimate purpose of all theories.Nozick acquiesces in the logical prior and self-evident nature of individual rights,and with the principle of self-ownershp and moral side constraints as the basic sipport of the theory of rights.The theoretical sipports of moral philosophy for self-ownership with Kanfs view that people as endM,and Nozick refutes the argument that Utilitarianism pursues total social happiness and ignores individual separatioa Nozick learns from Locke and transcends Locke's theory of natural rights,and holds that self-ownershp means not only that the individual has a complete sense of ownership of himself,but also extends to the absolute possession of external property rights by the individual However,Nozick's lack of effective argumentation on the transition from inner self-ownership to external private property rights has also been questioned and criticized.In addition,Nozick creatively puts forward the political phenomenon of the non-political concept,that is,the“invisible-hand explanation",to explain the source of the rationality of the country.He further argues that the process of producing a minimal state would not infringe on individual rights and that such a form of state could provide the right protection for individual rights.Nozick's entitlement theory of justice mainly includes the principle of justice in acquisition,the principle of justice in transfer and the princple of rectification,all of which have historical and non-patterned nature.Nozick replaces the eoncept of"distribution" with "holdings",and clarifies the importance of the holding of individual qualifications in the acquisition of property rights during the course of the discussioa Nozickian theory of justice in acquisition is generally in line with Locke's labor theory,and both of them belong to the variant of the preenption system However,Nozick weakens the application of Lockean proviso and emphasizes that the acquisition of property rights must be procedural and non-patterned.Nozick holds the view that current time-slice principles neglect the investigation of the history of personal qualification,which does not meet the inherent requirements of procedural justice,and patterned principles obliterate the individual's difference and freedom of choices,and makes continuous intervention in individual life,which is difficult to coexist with the spirit of freedom and right.Nozick enphatically criticizes Rawls'difference principle and his theory of anti-talent entitlement and in this process provides more legitimacy defense for obtaining the rationality of justice theory.Obviously,Rawls' structural difference principle is a kind of patterned principles,which pursues the end-state,which Nozick strongly opposes.In Nozick's entitlement theory,he replaces the concept of desert with the concept of entitfemenl,and believes that the innate natural endowment should be the exclusive qualification within the principle of self-ownership,and the acquisition of its gifted interests is the proper meaning of personal qualifications.This article will discuss Nozick's theory of justice in acquisition in relation to property rights,focusing on Nozick's theory of personal rights,especially the principle of self-ownership,and concentrating on the way and process of justice in acquisition of property rights.And try to clarify the concept and relationship between ridrts and entitlement,property ridits and acquisition justice.
Keywords/Search Tags:Nozick, justice, property rights, theory of acquisition
PDF Full Text Request
Related items