Philosophy paper, Rawls vs. Nozick- Cooperation or Individualism?

Politics from the 20th century to the modern day has impacted individuals more than it ever has. Many parts of our lives are governed by the decisions made on Capitol Hill and other political centers, from what we are taught and the quality of our eduction, to what the millage of our cars can be. We often take these controls for granted and accept them, but we rarely ask ourselves why we do so. Is it because we consider that the government has a right to legislate on these matters? Then again with the current strong unpopularity of Congress, do we still recognize their right? If the right to legislate isnt based on the popularity or efficiency of politicians, then what is it based on? This essay will analyze two opposing viewpoints that have become the dominant force is justifying different types of rule. The first is the theory of Justice as Fairness developed by John Rawls and the other is the theory of libertarianism as expressed by Robert Nozick. They oppose each other on many issues, the root of which is the question of who has power in an ideal government or utopia. For Rawls, it would be the society as a whole that would hold power and create laws that would be to the benefit of all in the group. For Nozick however, the group does not represent the individual and therefore cannot rightly govern people. Therefore, individuals must be the rulers of themselves and be free from the constraints of government. As a result of these views, Rawls considers equality, including economic and in opportunities, and how it can be best insured so that the gap between rich and poor does not become a giant chasm. Nozick however takes a completely different view on equality, that is through equal individual human rights, and argues that the best way to govern people is to respect those rights. Although their ideas are very much different, both of them make similar

assumptions, including that humans are inherently reasonable and altruistic, and that absolute human rights are possible. John Rawlss philosophy of Justice as Fairness represents a society where people work together to achieve commonly accepted goals in a society that are fair. The community is the greatest contributor in this system since the conception of the common good is voiced through it. Although there is room for individual motivation and initiative, this system Rawls argues, would be fair and treat each individual equally. The reasons that the justice in this society would be fair is because of two principles that Rawls references: 1. Each person has claim to equal basic rights and liberties; equal political liberties are to be guaranteed their fair value (they are not purely formal, but fair). 2. Social and economic inequalities, in order to exist must satisfy two conditions: i. They must be attached to positions and offices with fair equality of opportunity. ii. They are to be to the greatest benefit of the least advantaged members of society.

The first principal concerns the basic inalienable rights that Rawls believes people possess, which he lists as basic religious and political liberties, freedom of movement, equality of opportunity, right of personal property, and protections of law. Although he declares them to be crucial, his main thesis lies with the second segment of the second principal, that social inequalities are to be to the greatest benefit of the least advantaged, which Rawls calls the difference principal, and that is where the heart of his argument lies. It needs to be mentioned that Rawls is not seeking equality in the sense of economical or social equality, but an equality of opportunity. Each person must have a fair equality of opportunity to advance in society, therefore ruling out any discrimination, as well as be reimbursed for economic inequalities, similar to a current welfare and progressive tax system. The difference principal is the glue that holds all of his other theories including that of the overlapping consensus, the political

conception of justice, the idea of society as a fair system of cooperation, and the original position together, which combined forms a well-regulated society. The principal of an overlapping consensus is the next step that Rawls uses to construct the well-regulated society. At the beginning of Political Liberalism, he refers to the fact that in a modern society, especially in a democratic one, there will be people who do not share the same religious or philosophical beliefs as their compatriots. He then poses the question of how a society can not only function, but actually cooperate together under these potentially disruptive circumstances. The answer comes from the expectation that the majority of citizens of a country are reasonable in that they accept the fact that there is no single correct philosophy, but that different views will appeal to different people. Now this seems to be a jump to conclusions and an assumption by Rawls; why should we assume that people will cooperate when there are many examples through history of violence between groups with opposing viewpoints? However, he backs up his position by his positive view on human nature, which he believes leads people to want to propose and abide by mutually acceptable rules, and have the assurance that others will do so. This type of inter-organizational social contract would be supported by reasonable people, while any others will be excluded from the society. Therefore, with a society in which people accept the existence of other doctrines, reasonable pluralism forms and cooperation can exist.
Another way that this cooperation is possible is through a theory that John Rawls labels,

the original position. The original position is very similar to that of a social contract in that people come together to agree on the basic ideals of justice that will govern them. Having representatives from each of the philosophical/religious groups (comprehensive doctrines), a political conception of justice can be sought which all doctrines will agree to abide by. This is where the comprehensive doctrines transform into an overlapping consensus. Each doctrine

reaches a consensus on justice (the political conception of justice) because they each agree to it for specic reasons, and although they differ among the groups, they support the overall decision. Group A can support law Z because of a certain religious belief, while group B can also support law Z for a different reason such as a social belief. A decision is then reached that can be supported by most members of society. Rawls then goes further by requiring the different principle to be applied here, in the form of what he calls the veil of ignorance. Since the original position has to benet the least advantaged, Rawls adds that none of the gures in the original position can know which doctrine they represent. Therefore no one would want to unfairly distribute the pie in fear that they will get the smaller piece.
With the a political conception of justice in place, the last piece that would lead to

Rawlss well-regulated society would be the idea of a fair system of cooperation. The only way that Rawls sees society functioning is through the cooperation of all citizens between each other. Citizens consider themselves free because they conceive themselves and others as having the ability to understand the political conception of justice, and therefore agree to not use others as means, but as ends in themselves. Reciprocity would exist as the building block of a society that desires the same goal of the general good. This reciprocity would also include mentally or physically ill patients through public aid, but how they might repay the society still remains a question.
However, this ideal government that Rawls has created has been often criticized by others

as being full of assumptions and impracticable abstractions. One of the major assumptions that he makes is that people motivated by different interests will come together in a society because they are reasonable. However, many countries have been torn apart as a result of ethnic and religious tensions. Recent examples of this include Yugoslavia and Iraq which went through their

own civil wars. Many advocates of a stronger government would argue that humans are by nature egotistical and unreasonable, and therefore shouldnt be relied on to arrive at a decision by themselves. On the other hand, Rawls would most likely argue that humans, by acting egotistically are actually very much altruistic. In Yugoslavia and Iraq, the reason that they descended into civil war was because the different comprehensive doctrines began to disagree on the basic principles of justice in their respective nations, and therefore lost their overlapping consensus. In other words, people desired power and did not consider it unjust to do so. This lead to violent conict which was only solved with compromise and cooperation. People realized that a brutal civil war would not in the end be benecial for them, and so acting in their self-interest, they reestablished a political conception of justice and a society based on mutual respect and cooperation. Only a country based on those principles can functions, and so in some ways Rawlss assumption stands its ground.
Two other criticisms of Rawlss include that of the moral underpinnings of the difference

principal and the lack of emphasis on inalienable rights, both of which receive center stage in the political philosophy of Nozick. Many advocates of limited government would question the difference principal would be obligating individuals to make sacrices for some abstract common good. They argue that this sties individual progress and opportunity, which therefore would be a form of servitude. Rawls however would argue that in a free and democratic society reasonable people agree that others have no choice where and in what economic/social condition they are born into, and therefore should have an equal opportunity of advancement. The principal secures that opportunity by aiding the least advantaged. He would also argue that the most advantaged have an obligation to contribute to the society thats helping them move up the latter. Relating to Rawlss limited view on alienable rights, HLA Hart, an inuential political scientist,

argues that Rawls ignores his greatest liberty principal by saying that liberties can be given up if they violate some natural duty or some obligation. Rawls has barely mentioned rights at all up till this point, and seems to continue to ignore them by emphasizing the general good over these rights. Although he mentions the right to hold private property as a fundamental liberty, he adds that the right of movement serves as compensation for the least advantaged.
Robert Nozicks political beliefs of libertarianism are a radical departure from the liberal

philosophy of Rawls. Instead of relaying on society and the group to govern, he places strong power in the hands of individuals. His magnum opus, Anarchy, State, and Utopia, starts with the statement that so strong and far-reaching are these rights [of humans] that they raise the question of what, if anything, the state and its ofcials may do. His book was written as a response to the Theory of Justiceand it reformulated modern political philosophy and moved it from a question of Utilitarianism vs. Liberalism, to one between him and John Rawls. Nozick questions and rejects the idea of the difference principal. He maintains that redistribution is illegitimate on the principal of the use of force in this kind of negative transaction (one in which the costs are greater than the benet). Here it has to be noted that Nozick is not seeking to create a just distribution of wealth, as Rawls did. He understands that libertarianism will lead to large inequalities in social and economic standings, but instead concentrates on maintaining equal rights. The foundation of this idea of radical personal freedom comes from Kants categorical imperative that we should [a]ct so that you treat humanity, whether in your own person or in that of another, always as an end and never as a means only. An abuse of individual rights would be an ignorance of this rule and would not be permitted by free individuals. Following this kind of thinking, Nozick places the enforcement of human rights not as the constraints of the state, but its sole purpose. If a state does not enforce the rights of individuals, it

is immoral and illegitimate according to the standards of Nozick. Following these statements, he branches off into different categories, including that of anarchy, the ultra-minimalist state, the constraints on actions, the maintenance of justice, and many more, as he argues for the libertarian solution in each case.
Nozick begins his argument by creating a the ideal government, one that does not abridge

the rights of any person, but at the same time protects them from absolute anarchy. The rst step is the creation of an ultra-minimalist state out of anarchy. Nozick does not believe that anarchy is a possible solution for society, in fact he afrms that anarchy cannot be continuously maintained. The reason is that even in a chaotic anarchy where everyone has every absolute right, the weakest can still defeat the strongest through trickery, and therefore people naturally establish measures to secure their rights. Although fences can be built and guards can be hired, the cost of this would be heavy, and there would still be no guarantee of freedom. Therefore, people will band together to spontaneously form what Nozick calls mutual protection agencies, or the ultra-minimalist state. People who agree to be protected by this agency will have to pay for this service and whenever someone in the agency is threatened, resources can be used to protect them. This state however, Nozick argues, is not illegitimate because it does not have a monopoly of force in an area, it can only protect people from acts that are seen as unjust. A framework would then have to be established to regulate the decisions of the agency to prevent its abuse and to decide whether it should enter into a certain conict. In response, some sort of judicial system must to used as a procedure to determine if rights were violated, and if they were what the punishment should be. However, it must be maintained that only protection against force, theft, fraud, enforcement of contracts, and so on, is justied by this minimalist state.

One of the criticisms this minimalist state that is its treatment of so called independents,

people who refuse to join any of the agencies, and this is where the minimalist state arises. Do independents have to protect their rights individually? Isnt then this minimalist state actually very powerful because it practically forces others to join and contribute to it? The answer is no, simply because the mutual protection agency, although it is composed of certain paying members, cannot infringe on the rights of others. By not allowing independents to enjoy their inalienable right of self-protection and to be fairly, these agencies are overstepping their boundaries and their power has to be curtailed. People not in the agency still have a right to be tried fairly in all dealings with members of the agency. This second step, where the duties of the state expand to include every person, is morally required for the state to exist, but lets the state retain its legitimacy by not infringing on any inclinable rights.
This simple idea, of guaranteeing all people their inalienable rights of life and property

however opens up a whole new conict, that of opposing rights. If the rights of individuals are not constrained, how is society going to prevent situations like a mass panic when someone yells re in a crowded theater? Where will rights such as freedom of speech stop? Here Nozick revels the principal of compensation, that those who are disadvantaged by being forbidden to undertake certain actions that might harm others, must be compensated. He gives examples of this sort of compensation when airlines who decide to send their planes above inhabited territory must pay homeowners who are disadvantaged by paying for noise barriers and for the loss in the cost of the property. Lawyers who would be arguing for the public good would represent all of the people harmed by this infringement of private property. This type of bargaining, he argues, could even be used to solve border and other disputes between individuals.

After the creation of this minimalist sate, Nozick presents his arguments against the justification that a more expansive state is legitimate in order to acquire distributive justice. What we would consider just distributions of wealth are usually based on a certain patterned principal, such as I.Q. or marketable skills. However, there is no one skill that distribution can by carefully patterned by and can justly say that one person deserves more because they have this one skill. Also, there are discrepancies such as inheritance, prizes, and charity. Instead of trying to find all the principles, Nozick turns to the free market and argues that only it can decide on a just distribution of wealth. He summarizes this point as Hayeks principle, "to each according to how much he benefits others who have the resources for benefiting those who benefit them. The market transfers entitlements not arbitrarily, but for the reason that a person is willing to exchange money for something that they considered equal or greater in value. The example that Nozick gives is that of a baseball player named Wilt Chamberlain. If society is based on a certain principle of distribution that is considered just, but Chamberlain decides to play baseball for a small fee. If a million people pay to see him play, then has distribution come unjust? If it has become unjust then the state would have to logically constantly interfere in the market, something that is not possible. People agreed to sacrifice some of their property for this leisure and therefore this is the only legitimate for of distribution. The state does not have a right to become more extensive to ensure its own view on a just distribution. Nozick has been criticized on both sides, by both liberals like Rawls who believe that a larger state is justified, and individual anarchists like Noam Chomsky. Individual anarchists affirm that states cannot arise without violating the rights of individuals, and therefore no state can be justified. The principal of compensation they argue, gives the state the right to repress the

rights of others if it offers compensation, even if the independents refuse it. The state would get gain initial power over individuals when it decides that their system of justice is not fair and leads to a large amount of innocent people being pronounced guilty. The Individual Anarchist then argues that the agency will prohibit prohibit another agency's clients from using self-help enforcement of rights even if there is simply a risk of this enforcement being injurious to its clients. Rawls and Nozick present two fundamentally different views on government and society, one based on cooperation to create a more just society and the other based on reasonable individual interest and protection of rights. Both are arguable and legitimate political theories, and both have their flaws. Rawls has been criticized by not focusing enough on human rights and on the obligation that the most disadvantaged have to be benefited (commonly interpreted as a justification for a welfare state). Nozick has been criticized as either creating anarchy by weakening government, or even making it too strong. Both concepts have their examples in the modern world, form the US which relatively follows Nozicks model, to countries such as Sweden and Israel which are more similar to Rawlss principle. Political philosophy has large repercussions for the world operates, but history will be the final judge of which world view proves to be the most durable.

Bibliography of Major Works Primary Sources Rawls, John. Political Liberalism. New York: Columbia UP, 1993. Print. Rawls, John, and Erin Kelly. Justice as Fairness: A Restatement. Cambridge, MA: Harvard UP,
2001. Print. Nozick, Robert. Anarchy, State, and Utopia. New York: Basic, 1974. Print. Young, Fredric C. "Nozick and the Individualist Anarchist." The Journal of Libertarian Studies
8.1 (1986): 43-49. Print.

Secondary Sources Wenar, Leif. "John Rawls." Stanford Encyclopedia of Philosophy. Web. Jan. 2012. Richardson, Henry S. "John Rawls (1921-2002)." Internet Encyclopedia of Philosophy. Web.
Jan. 2012. Feser, Edward. "Robert Nozick (1938-2002)." Internet Encyclopedia of Philosophy. Web. Jan. 2012.