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.