Jan Narveson

Most books defending the position now know as “libertarianism”, the thesis that government ought to confine itself only to the most minimal functions of preventing or punishing force and fraud, can be dismissed with little scruple as the work of cranks. And some have already done so with this one as well: but wrongly. It is clearly the work of a person of extraordinary brilliance, penetration, and learning, possessed of a pungent style and an uncommon flair for paradox and counterexample. Those who are inclined to reject it out of hand because its conclusions will seem incredible might also bear in mind that its author is a man to whom his colleague John Rawls has expressed gratitude and indebtedness. At any rate, I propose to take the work with complete seriousness. And after all, should there not be considerable attraction i n the view that the only enforceable duty is that of respecting the freedom of our fellows as completely as possible? Surely it behooves us to see just why this will not do, if it won't; and no better opportunity for examining the view has arisen than that provided by the publication of this book.

Few questions about utilitarianism have been more vexed than that of its relation to rights. It is commonplace to hold that there are nonutilitarian rights, rights not founded on considerations of utility. And it is even thought that the very notion of rights is inherently incapable of being significantly employed within the utilitarian framework. In the present paper, I wish to consider both of these matters. I propose to give reasons—mostly not really new—for rejecting the stronger, conceptual claim; and on the former, substantial question, I want to argue that the utilitarian at least has a respectable way of handling the vocabulary of rights, even a useful one. Further, I shall argue that what the utilitarian—in particular, J. S. Mill—has to say about rights is quite plausible, though I shall conclude with a question about how illuminating it is.

I present what I take to be the approach to property rights, in which property is basically a unitary concept: owners are the ones with the right to do, and prohibit others from doing, whatever there is to do with the thing owned, within the limits imposed by the rights of others to their things. I expound and defend the idea of in more or less Lockean mode. I also point to the many difficulties of application of the general idea, leading to the need to negotiate at many points. For example, the vagueness of land ownership as we consider what goes on in the earth below or the sky above; to consideration of not just possible physical damages to others by virtue of ownership, but also aesthetic ones; and to the increasingly important area of intellectual property. I argue that the original idea continues to hold, though it underdetermines any number of specific issues

Bastiat's great contribution to economics, in his own view, was his identification of service as the source of economic value. What is anything worth to anybody? In the cases where we are not dealing with what our fellow men do for us, the answer is to be found in its utility - how much the thing contributes to our satisfaction. In the case where we deal with our fellows, we are interested specifically in what they can do for us, that is, how much service they can render us - how much they can or could, by their actions, contribute to the purchaser's satisfactions. If the providers are free beings, then the recipient will obtain those satisfactions only by agreement with that provider. It is to be assumed that the purchaser will get the best outcome he can: he will pay the lowest price feasible, for the option that is better than any known alternative.

1. INTRODUCTION Professor Dworkin's writings on moral and political subjects have never failed to interest me in the past, and the two-part article “What is Equality” which is the subject of this paper, is no exception. Its wealth of relevant distinctions is bound to be useful to every serious student of the subject, whatever – or, in view of the range of opinions on these matters now current, perhaps I should say almost whatever – his ideological proclivities, and whether or not he is sympathetic to Dworkin's position. The present treatment will be devoted, needless to say, primarily to disagreements, criticisms, and the raising of further questions, most of them designed to call in question either the general idea that equality should be regarded as a legitimate and important goal of social institutions or Dworkin's particular formulations of that equality. This largely negative-seeming consideration, I need scarcely add, is not intended to discount or detract from the positive contributions of Dworkin's work, which are very substantial indeed. It's just that having been ably set forth by Dworkin himself, they scarcely need seconding from this source

The general thrust of Neil Levy's paper is that a certain amount of paternalism should be viewed as compatible with liberalism.1 I am not quite convinced that what he is defending is properly paternalism. In addition, I am not entirely sure what his proposal is. Here are a few comments about several points in the paper.1. A possibly small question is worth raising when Levy says, ‘That is, the state may not interfere with individuals’ actions, even to promote their own conception of the good. This claim is typically justified on epistemic grounds: individuals are best placed to judge for themselves how to pursue their conception of the good.’But I don't think that this is quite the right picture, though admittedly, it has often been suggested by liberals. Still: if it's a matter of ‘epistemic’ grounds, then that implies that there is something out there to be known, so that the question is, how do we go about knowing it? But this way of putting it is misleading. For liberalism says that whenever anybody, B, other than the individual we are considering, say A, claims that what is good for A is something ‘out there’—something that can strongly contradict what A thinks for his own case—then that outsider has no authority to override A's preference. This isn't epistemic—it's a moral position.If we were to talk of ‘epistemic’ here, presumably what is known in this case is how the individual …

The discovery that people far away are in bad shape seems to generate a sense of guilt on the part of many articulate people in our part of the world, even though they are no worse off now that we’ve heard about them than they had been before. I will take it as given that we are certainly responsible for evils we inflict on others, no matter where, and that we owe those people compensation. Not all similarly agree that it is not in general our duty to make other people better off, and therefore not in general our fault when people are not better off than they happen to be, even if perhaps we could have made them so by efforts of our own. Nev ertheless, I have seen no plausible argument that we owe something, as a matter of general duty, to those to whom we have done nothing wrong. Still, morally commendable motives of humanity and sympathy support beneficence, and if we wish to call those “duties,” there is something to be said for that, too. I shall, in fact, try to say it later in this essay.

Respecting Persons in Theory and Practice is a collection of essays of the moral and political philosophy of Jan Narveson. The essays in this collection share a consistent theme running through much of Narveson's moral and political philosophy, namely that politics and morals stem from the interests of individual people, and have no antecedent authority over us. The essays in this collection, in various ways and as applied to various aspects of the scene, argue that the ultimate and true point of politics and morals is to enable us to make our lives better, according to our varied senses of what that might mean

There are fourteen original papers in this substantial volume devoted to the general problem of the relation of Marxism, or at least Marxism as found in the works of Marx, and moral theory. The questions are, in Nielsen's words, “whether there should be or even could be a Marxist moral theory and if there could be a Marxist moral theory, what sort of a moral theory it should be”. Why does he not include the question what Marx's moral theory is? For a few of these writers do think that Marx had some moral views that inform his writing, and attempt to say what they are. But Nielsen is justified in putting the questions they treat of in the way he does, for as is commonly known, Marx had no explicit, worked- out moral theory. So if one wishes to argue that he nevertheless has a morality or part of a morality, one has no alternative to attempting to infer it from what he does say.

Gibbard accuses me of having an “extreme” view of property rights, even though he agrees that liberty is a good thing. But is it good enough to justify excluding handouts to the poor? He thinks not. I argue that the “social contract” idea of justice, which he in general shares, would underwrite the sort of strong property rights I plump for—noting that voluntary assistance to the poor (or anyone) is, after all, not only perfectly acceptable but much to be commended. I believe I agree entirely with Laurence Thomas, who argues that although decency calls for assisting the poor, we are not literally bound to do that. Contra Peter Vallentyne, I argue that liberty doesn’t permit the exceptions to the acquisition principle that he proposes: when we prevent someone from an acquiring that would harmno one, we do him a harm, which is forbidden by the liberty principle. The arguments, though, rather defy brief summary.