LIBERTARIAN PERSPECTIVE : Libertarian perspective on justice also treats liberty of the individual as its central problem. But it focuses on formal liberty and insists on minimal role of the state in economic activities of individuals. It regards the right to property as an important ingredient of individual liberty. It is larger opposed to the idea of welfare state. This perspective is chiefly represented by Nozick's theory of justice as well as Hayek's view of Justice.
NOZICK'S THEORY OF JUSTICE : Robert Nozick (1938-2002), and American philosopher, in his Anarchy State and Utopia (1974), sought to advance an alternative to Rawls's theory of justice. Whereas Rawls sought to moderate his libertarianism by modicum of egalitarianism and communitarianism, Nozick adhered to libertarianism in its pure form. If Rawls is known as a 'left liberal' or egalitarian liberal advocating a substantially redistributive welfare state, Nozick may be described as a 'right liberal' or a libertarian committed to 'nightwatchman' state.
Modes of Acquisition : Nozick ridicules Rawls's approach which seeks to determine the principles of distribution of certain goods as if they have come to us as a gift from heaven. Nozick insists on a realistic approach which should account for the different modes of acquisition of goods and entitlement of different individual to own those goods. He has identified three sources through which various goods are acquired by individuals:
(a) Their selves - their bodies, brain cells, etc. They have absolute right over them. An individual is free to use him limbs and brain to do whatever he likes;
(b) The natural world - land, water resources, minerals, etc. Individuals may acquire bits of the natural world through several methods and may become entitled to their use as they like. This is precisely the area where principles of entitlement are required to be determined according to logic; and
(c) The things people make by applying themselves to the natural world - agricultural and industrial products, etc. An individual's entitlement to these products may not be questioned. Voluntary tranfer of these goods will establish others' entitlement to them.
Principles of Entitlement : People's enlightenment to self-ownership of their body and mind - their physical and mental faculties is obvious needs no for the justification. Their enlightenment to bits of the natural world and the products of their labour should be based on the principles of Justice. Nozick identifies three principles on which this entitlement would confirm to justice.
(A) Initial Acquisition; (B) Voluntary Transfer; (C) Rectification
Critical Appraisal : Nozick claims to discover the principles of justice for all human beings, but his bias is quite clear. He is an out-and-out champion of a competitive market society which favours the rich and the resourceful, and lets the week go to the wall. He absolves the rich of all social responsibility, not to speak of social indebtedness. In a very large part of the contemporary world, justice is thought to be the 'voice of the oppressed'.
In contrast Rawls's provision for the regulation of social-economic inequalities on the conditions of giving greatest benefit to the least advantaged shows his genuine concern for justice.
HAYEK'S VIEW OF JUSTICE : F.A. Hayek (1899-1992), an Austrian philosopher, was a champion of freedom that enables the talents to flourish and thereby promote progress. He placed liberty or freedom every other political ideal like equality and Justice. He particularly attacked the concept of social justice as an unrealizable principle.
In his noted work Law, Legislation and Liberty : The Mirage of Social Justice (1976), Hayek argued that the idea of Social Justice itself is irrelevant. Justice is the characteristic of human conduct, and not of a society. If freedom is curtailed to promote equality, the disputes over the distribution of life's goods are bound to give rise to conflict and controversy. Search for justice is simply a matter of procedure designed to promote freedom. Justice requires that each individual should get maximum opportunity to serve his interest according to his own understanding.
Hayek maintained that society has only limited resources which are not enough to satisfy every bodie's needs. If we try to adopt the policy of Social Justice, the bureaucracy responsible for the implementation of that policy would assume the power of arbitrary distribution of those resources. This will harm the individual freedom. Again, diverse interest groups will start demanding a large share of these resources in order to serve their self-interest. Stronger groups will be able to corner the larger share. So the incompetent sections of society will be able to grab and undue share of social wealth. As a result, the competent will suffer.
Critical Appraisal : Hayek skin to promote excellence in society. He is not worried about the the plight of the poor and the unlucky. His way of thinking reason bless the railways' policy on late running trains. Hayek wood who is that the distinguished members of society should maintain and enhance their excellence even if the the poor become the poorer. Hayek not only rejects Social Justice his philosophy also militates against the spirit of humanitarianism.
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