Nozick/Rawls Notes

The veil of ignorance blocks off this knowledge, such that one does not know what burdens and benefits of social cooperation might fall to him/her once the veil is lifted. With this knowledge blocked, parties to the original position must decide on principles for the distribution of rights, positions and resources in their society.

1. Nozick's discussion of Rawls's theory of justice raises the dialogue between libertarianism and liberalism to an epic level. The entitlement theory is sketched. In slogan form it states, "From each as they choose, to each as they are chosen". It comprises a theory of (1) justice in acquisition; (2) justice in rectification if (1) is violated (rectification which might require apparently redistributive measures); (3) justice in holdings, and (4) justice in transfer. Assuming justice in acquisition, entitlement to holdings is a function of repeated applications of (3) and (4). Nozick's entitlement theory is a non-patterned historical principle. Almost all other principles of distributive justice (egalitarianism, utilitarianism) are patterned principles of justice. Such principles follow the form, "to each according to...

Nozick’s view, is that all non-entitlement theories of justice are false. For all such theories claim that it is a necessary condition for a distribution’s being just that it have a certain structure or fit a certain pattern; but the Wilt Chamberlain example (which can be reformulated so that D1 is, instead of an egalitarian distribution, a distribution according to hard work, desert, or whatever) shows that a distribution (such as D2) can be just even if it doesn’t have a particular structure or pattern.
Moreover, the example shows that “liberty upsets patterns,” that allowing individuals freely to use their holdings as they choose will inevitably destroy any distribution advocated by non-entitlement theories, whether they be socialist, egalitarian liberal, or some other theory of distribution. And the corollary of this is that patterns destroy liberty, that attempts to enforce a particular distributional pattern or structure over time will necessarily involve intolerable levels of coercion, forbidding individuals from using the fruits of their talents, abilities, and labor as they see fit.