Nozick - Locke Flashcards
(32 cards)
Rights as absolute, exceptionless side constraints (Nozick)
One should eliminate from consideration those options that would involve one’s violating any individual’s moral rights
Separateness of persons (1/2) (Nozick)
Underlying Kantian principle that individuals are ends and not merely means
Not be sacrificed/used for achieving of other ends without their consent
Separateness of persons (2/2) (Nozick)
There is no social entity with a good that undergoes some sacrifice for its own good.
Individual people, own individual lives
Using one of these people to benefit others, uses him and benefits the others. Nothing more
Self-ownership (1/5) (Nozick)
An exclusive right to control and use ourselves as we see fit, so long as it does not infringe others’ rights
Self-ownership (2/5) (Nozick)
Rights to transfer these rights to others (by sale, rental, gift, loan)
Self-ownership (3/5) (Nozick)
Immunities to the non-consensual loss of these rights
Self-ownership (4/5) (Nozick)
Compensation rights in case others use us without our consent
Self-ownership (5/5) (Nozick)
Enforcement rights (rights to restrain persons about to violate these rights)
Lockean rights (1/5)
Moral right to act in way chosen with sth legitimately own
Not impinging on others (harm, frustrate their interest) in ways
- force
- fraud
- theft
- physically harming another person, property
- breach of contract
- threatening (sth on this list)
Lockean rights (2/5)
Others not impinge on her (in specified ways)
Lockean rights (3/5)
Each legitimately, fully owns herself
No one has any initial property rights in any other person
Lockean rights (4/5)
Can acquire full ownership over unowned material resources by staking out a claim
Claiming ownership leaves others no worse off (than unowned, freely available resources)
Lockean rights (5/5)
Ownership rights - can be transferred to other persons by gift, contract (or abandoned, revert to unowned status)
Nozick’s entitlement theory (1/3)
Principle of justice in acquisition
Initial acquisition
Nozick’s entitlement theory (2/3)
Principle of justice in transfer (voluntary exchange and gifts)
Nozick’s entitlement theory (3/3)
Principle of rectification of injustice
(How to deal with holdings that are unjustly acquired, transferred)
- no one is entitled to a holding except by (repeated applications of 1 and 2)
How do we initially acquire property?
Previously unowned
No: If the position of others no longer at liberty to use the thing is thereby worsened
Nozickian proviso (property right)
Normal process (Locke)
Labour of his body Work of his hands Removes out of the state of nature - mixed his labour with - joyned to it sth that is his own > his property
Wilt Chamberlain (Nozick)
Society has an equal distribution, D1
1 mil people voluntarily pay 25c each to see WC play
WC is 250000 richer, each 25c poorer, D2
> Has any injustice occured?
Tis very preposterous, to imagine, that we can have any idea of property, without fully comprehending the nature of justice (3/3)
Hume
A Treatise of Human Nature
Our property is nothing but those goods, whose constant possession is established by the laws of society, by the laws of justice
- explain the origin of justice: property, right, obligation (1/3)
Hume
A Treatise of Human Nature
A man’s property is some object related to him. This relation is not natural, but moral and founded on justice. (2/3)
Hume
A Treatise of Human Nature
Property as natural (2)
Locke
Otsuka
Property as natural
Limit on state
Historical
Social contract
