Natural Rights Theories

Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes a system of (...) redistribution that will protect people from dire circumstances. As it only applies to those who find themselves in poverty through no fault of their own, Mack’s argument rules out a basic income. However, one can combine Mack’s argument with basic income by arguing that responsibility-insensitive sufficientarianism is superior to luck sufficientarianism. First, luck sufficientarianism allows for the counterintuitive conclusion that people who have made mistakes in their lives do not deserve help from the rest of the community, even if they are engaged in some socially important activity. Second, luck sufficientarianism unduly interferes with people’s private lives to distinguish between deserving and undeserving recipients of social assistance, and inevitably excludes some deserving recipients from the pool of recipients. Third, a condition for holding people responsible for their choices is that they have agency. But maintaining agency requires the presence of some kind of material resources that would protect people from the fear and stress associated with poverty. Thus, responsibility-insensitive sufficientarianism is superior to luck sufficientarianism as an interpretation of the catastrophe clause. And within a libertarian framework, this requires introducing a basic income. First, a basic income technically guarantees everyone protection from extreme poverty and destitution. Second, a basic income guarantees everyone autonomy in how they manage their resources. Third, a basic income does not require means testing and is therefore responsibility-insensitive. Mack’s catastrophe clause therefore offers a right-libertarian argument for a basic income. (shrink)

Many political and moral philosophers try to reconcile freedom and equality. One such theory is left-libertarianism, which establishes exclusive property rights over one’s own body and egalitarian property rights over natural resources. These rights are realized through the policy of unconditional basic income. Recently, left-libertarianism has come under fire from another similar approach, reciprocal libertarianism. This concept combines exclusive rights over one’s own body with the requirement for an egalitarian distribution of the fruits of social cooperation among those who make (...) a fair contribution to its system. On the face of it, reciprocal libertarians reject basic income because it doesn’t satisfy the fair contribution condition. This article explores the case for a basic income from a reciprocal libertarian perspective. In particular, two institutional regimes will be examined: reciprocal left-libertarianism and libertarian socialism. Each is compatible with a basic income coupled with broader redistribution according to the principle of reciprocity. (shrink)

Distributive justice is one of the central questions of contemporary moral and political philosophy. Discussions on this topic are often presented as a confrontation between two groups of thinkers: libertarians and luck egalitarians. The former emphasize the dependence of the existing distribution on the individual choice and personal responsibility of people, and therefore are skeptical about various redistribution programs. The latter, on the contrary, emphasize the influence of morally arbitrary luck on the economic situation of people, and therefore welcome redistributive (...) measures to compensate for this brute luck. Left-libertarian claims to reconcile these two types of moral considerations. The classical left-libertarian point of view seeks to offset the influence of brute luck through an egalitarian distribution of the benefits of owning natural resources that are independent of anyone’s choice and responsibility. However, this position does not sufficiently take into account the influence of other factors of brute luck and, in particular, genetic endowments on the distribution of economic wealth. This article discusses three approaches that allow left-libertarians to take into account the factor of genetic luck in interpersonal distribution. First, it is Hillel Steiner’s proposal to attribute genetic information to natural resources, the benefits of which are subject to egalitarian redistribution. Second, it is the concept of equal opportunity for welfare by Peter Vallentyne, Michael Otsuka and Eric Roark. Third, it is the universal dominance criterion of Philippe Van Parijs and Kasper Ossenblok. The first two approaches face a number of moral and practical difficulties, but the third approach is able to overcome them. Thus, the universal dominance criterion is the most promising way to reconcile left-libertarianism and justice in the distribution of genetic endowments. (shrink)

Robert Nozick is the most discussed libertarian philosopher of these days. The paper examines the question of whether he supported forced taxation. The normative basis of Nozick’s position, the neo-Lockean theory of natural human rights are analyzed. On the basis of this theory, his argument in favor of the moral justification of the minimal state is reconstructed. While this reconstruction leaves it ambiguous whether such the state should be funded by taxation, six arguments are offered in favor of such tax (...) funding. These arguments are based on the same normative premises as Nozick’s own argument and can therefore be supported by contemporary Nozickians even if Nozick himself rejected taxation. These arguments are shown to help overcome some of the critical objections faced by Nozick’s theory and neo-Lockeanism as a whole. However, accepting these arguments entails accepting not only the tax financing of the minimal state, but also the expansion of the functions of this state to provide citizens with a social minimum in the form of an unconditional basic income or some other form of redistribution. (shrink)

Many libertarians assume that there is a close relation between an individual’s self-ownership and her freedom. That relation needs questioning. In this article it is argued that, even in a pre-property state, self-ownership is insufficient to protect freedom. Therefore, libertarians who believe in self-ownership should either offer a defense of freedom that is independent from their defense of self-ownership, make it explicit that they hold freedom as second to self-ownership (and defend that position), or reconsider the moral basis of their (...) political views. (shrink)

Libertarianism is a theory of justice that places significant moral weight on exclusive property rights. On this basis, many libertarian philosophers, from Robert Nozick to Michael Huemer, criticize any form of income redistribution. Ironically, some libertarians, following Philippe Van Parijs, Matt Zwolinski, and Charles Murray, have supported the introduction of an unconditional basic income. This essay seeks to prove that this support is not just a political compromise. By contrast, libertarian justice advocates have a strong moral basis for supporting income (...) redistribution in the form of unconditional cash payments. This essay explores one such reason, the Lockean proviso. The Lockean proviso is a moral requirement for the appropriation of unowned resources to leave “enough and as good” for others. There are many interpretations of the Lockean proviso, but the most ambitious are the egalitarian proviso and the sufficiency proviso. Each of them, but for different reasons, requires the introduction of a basic income. The egalitarian proviso establishes the equal rights of all people to natural resources, and therefore requires that all benefits from the ownership of natural resources be shared egalitarianly — in the form of unconditional equal payments. The sufficiency proviso establishes some threshold of sufficiency, and then imposes a restriction on exclusive property rights so that they can’t prevent redistribution in order to raise all people to the threshold of sufficiency. However, while both provisos require a basic income, they diverge on three important dimensions in assessing this basic income: applicability, taxable base, and amount of cash payments. (shrink)

In this chapter I seek to provide a theoretical defense of workplace democracy that is independent from and outside the lineage of Marxist and communist theory. Common to the council movements, anarcho- syndicalism and many other forms of libertarian socialism was the idea “that workers’ self- management was central.” Yet the idea of workers’ control has not been subject to the same theoretical development as Marx’s theory, not to mention capitalist economic theory. This chapter aims to contribute at a theoretical (...) level by providing a justification and defense of self- managed workplaces that is independent of the particular historical tradition of the council movements. There is a clear and definitive case for workplace democracy based on first principles that descends to modern times through the Reformation and Enlightenment in the abolitionist, democratic and feminist movements. By the twentieth century, the arguments had been scattered and lost – like the bones of some ancient beast scattered in a desert – partly due to misconceptions, mental blocks and misinterpretations embodied in Marxism, liberalism and economic theory. When one has worked through some of these intellectual roadblocks, then one may be better able to reassemble the case for workplace democracy from well- known first principles developed in the abolitionist, democratic and feminist movements. (shrink)

In contemporary bioethics, the autonomy of the patient has assumed considerable importance. Progressing from a more limited notion of informed consent, shared decision making calls upon patients to voice the desires and preferences of their authentic self, engaging in choice among alternatives as a way to exercise deeply held values. One influential opinion in Jewish bioethics holds that Jewish law, in contradistinction to secular bioethics, limits the patient's exercise of autonomy only in those instances in which treatment choices are sensitive (...) to preferences. Here, we analyze a discussion in the Mishna, a foundational text of rabbinic Judaism, regarding patient autonomy in the setting of religiously mandated fasting, and commentaries in the Babylonian and Palestinian Talmuds, finding both a more expansive notion of such autonomy and a potential metaphysical grounding for it in the importance of patient self-knowledge. (shrink)

This article makes a moral argument for universal access to health care and for the legitimate function of government to guarantee that access. Constructed as a reply to the libertarian argument against universal access, this article utilizes the moral and political theory of John Locke, favored by libertarianism, to develop a Lockean argument for a view contrary to the libertarian philosophy. In particular, the argument here shows how libertarianism’s neglect of a crucial element of the natural-law tradition, to which Locke (...) adhered, not only undercuts the libertarian objection to universal access to health care but also underwrites an alternative argument in favor of such. (shrink)

Krzysztof Trzcinski, 'Citizenship in Europe: The History of the Idea and Institution' - this is an interdisciplinary book as the concept of citizenship is one of the key terms of the social sciences and raises questions of a legal, political, historical, philosophical, and sociological nature. The main subjects of this work are the origins and evolution of the idea and institution of citizenship in Western Europe. Doctrinal and institutional models of citizenship presented in this monograph are of different historical origins (...) (beginning with ancient times and ending with the 20th century). This work shows that in different historical periods, the concept of citizenship underwent shifts in semantic substance and that the idea of citizenship is in permanent flux. Hence, the essence of citizenship is continually being enriched with new elements (or, at times, impoverished by the loss of other elements). According to specific conditions of a socio-political, economic, and cultural nature, the concept of citizenship has been redefined in the historical perspective. At various historical periods, the term 'citizen' referred to a broader or narrower spectrum of society. Criteria for membership in the body of citizens also evolved. Over the centuries, many models of citizenship emerged in Europe. Some of them were institutional in form. In contrast, others were the fruit of philosophers' social and political thinking at different times. The basic models emerged in ancient Athens and Rome. Later models of citizenship usually took over many traits, particular to initial models (such as the right to life). However, at the same time, they usually eliminated some of their elements (such as the enslavement of certain members of society) while simultaneously creating and adding new ones (such as electoral rights for women). In this manner, new models emerged, which were an offshoot of classical models. These models contributed to the formation of the contemporary institution of citizenship, which brings together different elements of various historical models. This book contributes to research into the evolution of the state (including research into the formation of the nation-state in Europe), as the institution of citizenship is inherently and functionally tied to the state. This work also contributes to research into the evolution of supranational European Union citizenship. The institutional development of the idea of EU citizenship could - along with the unavoidable transformation of all community structures or even the very idea of integration itself - lead to a fundamental change in the contemporary concept of state citizenship. This work could also prove helpful in research into the phenomenon of immigration in Europe, especially into the interdependence between obtaining the citizenship of the host state and the effective integration of immigrants. (shrink)