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9 - Does Nozick have a theory of property rights?

from Part III - Justice

Published online by Cambridge University Press:  28 September 2011

Ralf M. Bader
Affiliation:
New York University
John Meadowcroft
Affiliation:
King's College London
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Summary

INTRODUCTION

Surely the most famous statement in Anarchy, State, and Utopia (ASU) is the manifesto with which it opens: “Individuals have rights, and there are things no person or group may do to them (without violating their rights). So strong and far-reaching are these rights that they raise the question of what, if anything, the state and its officials may do.”

In Part II of ASU, Nozick elaborates that view as follows:

No one has a right to something whose realization requires certain uses of things and activities that other people have rights and entitlements over. Other people's rights and entitlements to particular things (that pencil, their body, and so on) and how they choose to exercise these rights and entitlements fix the external environment of any given individual and the means that will be available to him. If his goal requires the use of means which others have rights over, he must enlist their voluntary cooperation ... No rights exist in conflict with this substructure of particular rights. Since no neatly contoured right to achieve a goal will avoid incompatibility with this substructure, no such rights exist. The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition.

(p. 328)
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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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