[2] In opposition to A Theory of Justice (1971) by John Rawls, and in debate with Michael Walzer,[3] Nozick argues in favor of a minimal state, "limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts, and so on.
Nozick's entitlement theory, which sees humans as ends in themselves and justifies redistribution of goods only on condition of consent, is a key aspect of Anarchy, State, and Utopia.
Then "Quickly, you find an angle from which everything appears to fit perfectly and take a snapshot, at a fast shutter speed before something else bulges out too noticeably."
After a trip to the darkroom for touching up, "[a]ll that remains is to publish the photograph as a representation of exactly how things are, and to note how nothing fits properly into any other shape."
Although there are simple rules that could solve this problem (for instance, a policy of non-intervention[11]), most people will prefer associations that try to build systems to decide whose claims are correct.
Nozick arrives at the night-watchman state of classical liberalism theory by showing that there are non-redistributive reasons for the apparently redistributive procedure of making its clients pay for the protection of others.
After discussing the issue of punishment and concluding that not all violations of rights will be deterred under a retributive theory of justice,[34] (which he favors).
Firstly, if some person gets a big gain by violating another's rights and they then compensate the victim up to the point of indifference, the infractor is getting all the benefits that this provides.
Independents may get together to decide these questions, but even if they agree to a mechanism to keep the total risk below the threshold, each individual will have an incentive to get out of the deal.
This procedure fails because of the rationality of being a free rider on such grouping, taking advantage of everyone else's restraint and going ahead with one's own risky activities.
In a famous discussion he rejects H. L. A. Hart's "principle of fairness" for dealing with free riders, which would morally bind them to cooperative practices from which they benefit.
[56] The application of these rights may be delegated to the protective agency, which will prevent others from applying methods of which it finds unacceptable in terms of reliability or fairness.
[57] Every individual has a right to do this, and other companies could try to enter the business, but the dominant protective agency is the only one that has the power to actually carry out this prohibition.
[64] But, as Nozick says: “Clearly the dominant agency has almost all the features specified [by anthropologist Lawrence Krader]; and its enduring administrative structures, with full-time specialized personnel, make it diverge greatly – in the direction of a state – from what anthropologists call a stateless society”.He does recognize, however, that this entity does not fit perfectly in the Weberian tradition of the definition of the state.
[66] But this does not invalidate Nozick’s response to the individualist anarchist and it remains an invisible hand explanation: after all, to give universal protection the agency does not need to have any plan to become a state.
But in line with his endorsement of the historical principle, this argument does not apply to the medical researcher who discovers a cure for a disease and sells for whatever price he will.
Nozick presses "the major objection" to theories that bestow and enforce positive rights to various things such as equality of opportunity, life, and so on.
The system is still unwieldy, so a "great consolidational convention" is convened for buying and selling shares, and after a "hectic three days (lo and behold!)"
They both contain the only form of social union that is possible for the atomistic rational agents of Anarchy, State, and Utopia, fully voluntary associations of mutual benefit.
His view is that we are fortunate to live under conditions that favor "more-extensive cores", and less conquest, slavery, and pillaging, "less imposition of noncore vectors upon subgroups."
Higher moral goals are real enough, but they are parasitic (as described in The Examined Life, the chapter "Darkness and Light") upon mutually beneficial cooperation.
That is, if it is very unlikely that an infractor will be caught, they may very well choose to do it even if they have to face the new cost R. Therefore, retributive justice theories allow some failures of deterrence.
"[28] Here Nozick also espouses ethical vegetarianism, saying: "Though I should say in my view the extra benefits Americans today can gain from eating animals do not justify doing it.
Any desired ethical statement, including a negation of Nozick's position, can easily be "proved" with apparent rigor as long as one takes the licence to simply establish a grounding principle by assertion.
Leff further calls "ostentatiously unconvincing" Nozick's proposal that differences among individuals will not be a problem if like-minded people form geographically isolated communities.
[78] Cato Institute fellow Tom G. Palmer writes that Anarchy, State, and Utopia is "witty and dazzling", and offers a strong criticism of John Rawls's A Theory of Justice.
Since Nozick was writing to defend the limited state and did not justify his starting assumption that individuals have rights, this led some academics to dismiss libertarianism as 'without foundations,' in the words of the philosopher Thomas Nagel.
[79]Libertarian author David Boaz writes that Anarchy, State, and Utopia, together with Rothbard's For a New Liberty (1973) and Ayn Rand's essays on political philosophy, "defined the 'hard-core' version of modern libertarianism, which essentially restated Spencer's law of equal freedom: Individuals have the right to do whatever they want to do, so long as they respect the equal rights of others.
"[80] In the article "Social Unity and Primary Goods", republished in his Collected Papers (1999), Rawls notes that Nozick handles Sen's liberal paradox in a manner that is similar to his own.
However, the rights that Nozick takes to be fundamental and the basis for regarding them to be such are different from the equal basic liberties included in justice as fairness and Rawls conjectures that they are thus not inalienable.