Morals and the Free Society: 5. Nozick

Here is the fifth chunk of the argument. To return to the fourth chunk, click here. To advance to the sixth chunk, click here. The complete essay is posted here.


 

Resolving the Contradiction

A satisfactory moral vision for a free society cannot be a schizophrenic opposition of moral directives. Yet that’s where we’ve been led by our investigation of the moral implications of the economic theory of the free market. How can these conflicting directives—to constrain our pursuit of our own utility for the sake of the free market as a whole, but also to pursue our own utility egoistically—be reconciled into a consistent moral picture?

To investigate this problem, it will be useful to survey some attempts to provide some sort of morals for the free society.

Nozick

Nozick (1974) speaks of the moral rules that bring the free market into existence as “side constraints.” The idea is that one maximally pursues one’s own goals in a state of unconcern for the goals others, while at the same time observing a set of extraneous, more or less absolute restrictions on one’s range of action. You pursue your own goals however possible, except that you aren’t allowed to kill or maim anyone, rob people, defraud them, etc. The constraints are called “rights,” and they are conceived as prohibitions on allowed action that stand completely outside the order of ends or utilities. According to Nozick, the source of rights is that “individuals are inviolable” (1974, 31). “Why?” asks the market egoist. “Why should I care about other individuals?” Nozick: “Because Kant.”

So there are rights, which appear as a set of rules separate from the rest of life, and there’s the rest of life, which can supply no intrinsic motivation to respect rights.

This is obviously no solution. It is just a reaffirmation of the very schizophrenia we want to escape. It sets rights and market behavior in opposition, the selfless versus the selfish, with the irony that the selfless observance of rights exists to create the selfish market. It invites people to think of the market as something that does not reward and even punishes rights-respecting behavior, and to think of rights-respecting behavior as something it’s better to get others to do while avoiding for themselves. In addition, it treats rights as the only source of moral constraint on the pursuit of one’s own goals. Now, perhaps the bare observance of rights is enough to secure “liberty.” But we have seen that a perfectly efficient market, which optimizes the outcomes of all, requires the elimination of all transactions costs and therefore requires adherence to mores of behavior, such as candor and fair-mindedness and forgivingness, that go well beyond the bare observance of rights.

Work Cited

  • Nozick, Robert. 1974. <em>Anarchy, State, and Utopia</em>. Basic Books.

Friedman and Frederick on Nozick; Sadler on Plato

Reason Papers 36.1, which came out a few weeks ago, included a nice review essay by Danny Frederick of Mark Friedman’s recent book, Nozick’s Libertarian Project. Friedman has now responded to the review on his website, with a short rejoinder by Frederick in the comments.

For other recent work on Nozick in Reason Papers, check out Dale Murray’s October 2012 review essay of Ralf Bader’s Robert Nozick and Bader and Meadowcraft’s Cambridge Companion to Nozick’s Anarchy, State, and Utopia. Also relevant is Lamont Rodgers’s “Self-Ownership and Justice in Acquisition,” from the October 2012 issue. Digging back in RP‘s archives, I was astounded (and a bit dismayed) to discover that the journal ran no review of Nozick’s Anarchy, State, and Utopia when the book came out in 1974, though it did, in 1980, run a Nozick-oriented paper by Richard B. McKenzie, “Entitlements and the Theft of Taxation.”

If you happen to be in the vicinity of Lodi, New Jersey this Wednesday the 24th around 1 pm, and you’re interested in Plato and/or virtue–a small, self-selected population, I realize–you might want to stop by Kirby 206 at Felician College and hear Greg Sadler’s presentation, “Just What Is a Platonic Virtue?” The talk–officially a Current Research Workshop–is sponsored by Felician’s Institute for Ethics and Public Affairs. Here’s a summary:

Plato’s dialogues talk quite a bit about the virtues — including the cardinal ones: wisdom, justice, temperance, and courage — but it’s not always clear just what these virtues are in his work. Do they exist in persons? Or are they Forms? In this workshop… I’ll be presenting my current research on the subject — aimed at clarifying the metaphysical status of virtue and virtues in Plato’s thought, and thinking how we would apply such a perspective in our own contemporary lives.
If you’re not in the vicinity of Lodi, New Jersey this Wednesday–never fear, I’ll blog it here (at some point). Incidentally, if you’re interested in doing a Felician Current Research Workshop, contact me at my Felician address (click the “Current Research Workshop” link for that), and I’ll try to  set something up.