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Robert Nozick's Entitlement Theory of Justice in The View of Indian Judiciary

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Robert Nozick’s Entitlement Theory of Justice in the

view of Indian Judiciary


(A ROUGH DRAFT SUBMITTED IN THE PARTIALLY FULFILLMENT OF THE
COURSE ISPL FOR OBTAINING DEGREE OF B.B.A.LL. B (Hons.) –

PROPOSED BY:
NAME: AKASH ANAND
COURSE: B.B.A. LL. B (Hons.)
ROLL NO: 1808
SEMESTER: 7TH

SEPTEMBER, 2020

SUBMITTED TO:
Fr. Peter Ladis

CHANAKYA NATIONAL LAW UNIVERSITY


NYAYA NAGAR, MITHAPUR, PATNA – 800001
OBJECTIVE:

1. To study about Rawl’s Theory “Justice as Fairness”.


2. To know about the Entitlement of Theory.

HYPOTHESIS:

The researcher comes with a hypothesis that Rawl’s theory aims at the welfare of the society
as a whole without neglecting the poor and underprivileged.

MODE OF RESEARCH: The researcher relied on doctrinal research.

LIMITATIONS OF THE STUDY:

1. The paper is restricted to a secondary means of research, conducted only by means of


internet sources and the books.
2. A primary way of research could not be adopted for the same due to the nature of the
topic
INTRODUCTION
The American political philosopher Robert Nozick, a libertarian liberal, best known for his
first book Anarchy State and Utopia published in 1974 . Nozick is an advocate for eighteenth
century individualism and nineteenth century capitalism. He is not an anarchist but being
influenced by the individualist-anarchist Murray Rothbard, proposes a form of radical
individualism within a state structure. To Nozick, “the minimal state is the most extensive
state justified” and if the state were to seek wider role than the narrow function of providing
protection against force, theft, fraud and enforcement of contracts then it is violating
individuals rights.

Central to Nozick’s work is individuals’ rights which are evident from his audacious
statement on the preface to his book that “individuals have rights and there are things no
person or group may do to them (without violating their rights)”. Nozick, in particular, is
critical of John Rawls, arguably the most important political philosopher of the twentieth
century whose book, A Theory of Justice , generated more discussion and commentary than
any other book of political and social theory published since World War II. Central to
Nozick’s criticism of Rawls’ theory targets the end-result oriented methods, but the theory of
redistribution, in particular. Nozick absolutely rejects the idea of redistribution and maintains
that it contradicts the idea of self-ownership. He further stresses that redistribution makes
others “a part-owner of you giving] them a property right in you”. As an alternative to Rawls’
theory, Nozick suggests his entitlement theory. One of the main problem with Nozick’s
arguments is the “abstractness of the individualism they presuppose” and individualism,
according to Lukes, is a “distorting lens that satisfies the intellect while simplifying the
world”. Nozick attempts to isolate people with individualism which is contrary to the fact that
“people are constituted by the societies into which they are socialised and live”. This article
will explore Nozick’s theory of justice, justice in holdings, individual rights and the minimal
state as to whether these concepts can stand as universal theory taking into account the
surrounding academic literature.

CHAPTERIZATION

1. Introduction
2. Rawl’s Theory “justice as fairness”
3. Entitlement theory of justice
4. Conclusion

BIBLIOGRAPHY

 https://plato.stanford.edu/entries/nozick-political/
 https://www.britannica.com/biography/Robert-Nozick/The-entitlement-theory-of-
justice
 https://www.omicsonline.org/open-access/robert-nozick8217s-entitlement-theory-of-
justice-libertarian-rights-and-the-minimal-state-a-critical-evaluation-2169-0170-
1000234-97787.html
 https://www.jstor.org/institutionSearch?redirectUri=%2fstable%2f4394304

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