This document summarizes Robert Nozick's libertarian theory of entitlement as presented in his book "Anarchy, State, and Utopia." Nozick argued for a minimal state limited to protecting individuals' basic rights and liberties. He rejected redistribution of wealth and advocated for a free market where individuals acquire property through just means like work or exchange. Nozick believed as long as transactions respect people's rights, patterns of holdings are just, even if they result in significant inequalities. The document outlines Nozick's views on natural rights like life and property, the principles of just acquisition and transfer of holdings, and criticisms of his theory.

1. JURISPRUDENCE
Libertarianism – Robert Norzick
Patrick A. N. Aboku
27.04.2019

2. Outline
 Introduction
 The Entitlement Theory by Robert Norzick
 Anachy, State, Utopia
 The Natural Rights
 Right to life and Health
 Right to Property
 Grounds for entitlement to property
 The Moral Theory
 Criticisms

3. Introduction
 AKA Entitlement Theory
 Robert Norzick is main proponent
 Anarchy
 State
 Utopia
 Key Features
 Rejects any form of redistribution of wealth/resources
 For the sake of
 Equality or
 Providing for least members of society
 Advocates for
 Free Market for persons to acquire their own wealth
 Private Ownership of Property
 Minimal functions of the state – limited to protection of liberty

4. TheEntitlement
Theory
 Propounded by Robert Norzick
 Stated in his book Anarchy, State and Utopia in 1974
 Justice is achieved if the rights of the individual in society is respected
 Opposes taxation for the purposes of redistribution of wealth
 Free Market is the best distribution of wealth –
 That social justice is served when individuals are allowed to pursue their
individual interest without any form of community commitments
 This he believes would eventually raise the standards of living for all
members of society
 Any form of redistributive justice that does not pay attention to how the
property was acquired is an unjust one
 Redistribution of wealth which was acquired in a just manner should
not be done for the sake of achieving some form of equality
 Identified grounds on which wealth can be obtained in a just manner –
Principles of Holdings
 Principle of Justice of Acquisition
 Principle of Justice of Transfer
 Principle of Justice of Rectification

5. Norzick’s
NaturalRights
 Right to life and health
 Note that it does not include the right to those things necessary to
sustain life
 E.g. A starving man does not have right to compel another person to
share his food as
 That will violate the rights of the other person to dispose of his
property the way he chooses
 The right to life is limited to the right not to be killed
 Right to property
 Justice of holdings i.e. the right to property the person is entitled to
depends on how he acquires it
 Acquisition
 Transfer
 Rectification

6. Principlesof
Holdings
 Person who acquires a holding according to this principle is entitled to it
 Principle of Justice of Acquisition
 Manufacture
 Discovery
 Principle of Justice of Transfer
 Acquisition of property from persons who acquired them in a just manner
are entitled to them
 Principle of Justice of Rectification
 Being in possession of property not acquired through acquisition or
transfer is not just and must be rectified
 By paying the consideration for it
 Returning it

7. MoralTheoryof
Norzick
 Anarchy, State and Utopia
 Man existed in state of
 Anarchy
 perfect nature
 Bound only by the laws of nature
 Enjoyed absolute freedom to follow his own will
 With the proviso that he would not harm another persons health,
liberty or property
 Thus the natural rights of the individual acts also as an inbuilt
constraint upon his activities of all other individuals – “The Moral Side
restraint”
 Every individual has the right to enjoy his natural right subject to the
natural rights of others - “The Moral Side restraint”
 Problems of state of nature
 Arbitrary determination of breach of rights
 Difficulty in determining quantum of damages or reparation
 Result is anarchy leading to retaliations
 Eventually leads to development of the State

8. MoralTheoryof
Norzick
 Anarchy, State and Utopia
 State
 State is born to resolve the problems identified in the state of nature
 States function is limited to the protection of liberty
 That is the state is “minimal”
 A state with the least possible amount of powers
 Powers of the state are so minimal they cannot be reduced any further
 AKA night-watchman state
 Limited in the protection of individuals from theft, assault, fraud, breach of
contract
 Governmental institutions limited to military,police and the courts
 May also include civil service and emergency rescue dept, prisons, executive,
judiciary and legislature
 Minarchists – advocates of miminal states – advocates for a laissez-faire
approach to the economy by the state
 Assistance of the weak in society should be left to the voluntary of the
individuals
 Redistribution of wealth is seen a form of slavery on the owner of the
properties

9. MoralTheoryof
Norzick
 Anarchy, State and Utopia
 Utopia
 A place or society in which individuals will voluntarily and willingly
contract or agree to join
 It is an environment which promotes
 Laissez faire approach to economy
 People to pursue their individual goals within legitimate limitations
 Justice of holdings

10. Criticisms
 The idea of the individual as an isolated member of society is an
oversimplification
 It ignores the ever increasing role of the state in modern
capitalism
 He did not state how the minimal state would be kept minimal so
that the wealthy in society do not hijack it for their selfish gains
 The measures to alleviate poverty are completely ignored
 His free market and voluntary philanthropy is naïve in the extream

11. Thanks
Discussion
Relate theory to Ghana