nf1167: i told you last time because i didn't finish the lecture on Rawls and utilitarianism that i was going to finish it today but actually i've decided i'm not going to i know you'll be very disappointed but [0.4] think you've had enough of that [0.2] so i'm going straight into [0.3] er Nozick [0.3] and his criticisms of Rawls [0.5] er [0.4] so just a few years after Rawls published his book [0.4] er another one of the Harvard Philosophy department [0.4] er [0. 3] published [0.5] er a very sort of radical libertarian tract called Anarchy State and Utopia [0.6] er this was Robert Nozick it was very provocative and it got lots of attention [0.4] er [0.6] favourable and unfavourable [0.7] he started his book this way [0.3] individuals have rights and there are things no person or group may do to them without violating their rights [0.4] so strong and far-reaching are these rights that they raise the question of what [0.3] if anything [0.2] the state and its officials may do [1.3] so that's where that's his starting point he doesn't even argue for that that's where he gets off [1.0] so he argued that only a minimal state was justified and anything more extensive than that [0.4] violated people's rights [0.3] all that this minimal state could do was protect people against force theft fraud [0.4] and forced contracts and a few things like that but it didn't have any welfare functions [1.8] he also had a long chapter criticizing Rawls [0.8] and the whole approach to distributive justice that he regarded Rawls as representative of [1.2] now his own approach to justice he calls the entitlement theory [0.5] he avoids the very term distributive justice he doesn't think that justice consists of distributing anything [0.8] at all [0.4] he d-, he doesn't like that whole approach [0.7] er as we'll see [0.8] now er [0.5] you'll find that Nozick writes in a very sort of loose style it's very readable [0.3] but a lot of it is a matter of sort of shooting from the hip [0.5] and he sort of scatters his shots all over the place [0.4] and a lot of them sort of miss a lot of them it's a lot of good rhetoric but a lot of his his shots really don't hit their targets [0.5] [0.2] so er [1.5] i'm not going to have a lot to say about his own positive theory today [0.4] we're going to focus mostly on his criticisms of er [0.2] Rawls' theory and related theories [0.8] well i'll say a l-, a little about his theories so you'll have some idea [0.4] of what his own view is [0.5] his own entitlement view of justice [0.3] begins with the proposition [0.2] that people have inviolable rights of self-ownership [0.7] so that means in effect that people have rights over themselves that are equivalent [0.3] to the rights that a slave owner would have over his slave [0.4] so they're entitled to use their own body [0.4] and their own products in a way that a slave over er slave owner would be entitled [0.2] to use [0.2] his slave's body and [0.2] the products of the slave's labour [1.4] [1.0] so as a result of that people are entitled to make certain choices [0.7] and as long as the starting point from which they make their choices is just [0.4] whatever follows [0.3] by just steps [0.4] is just [0.3] you just let the process follow [0.8] let it lead where it may it doesn't really matter you don't even have to keep track of the distribution [0.4] er [0. 6] that you get to [0.6] so what he cares about is the history or pedigree [0. 4] of people's holdings [0.2] he doesn't care about what the overall pattern that they add up to is [0.5] [sniff] so it's a historical entitlement [0.2] view [1.3] no general redistribution is called for [0.6] er [0.6] he says [0.4] now he specifies three things [0.3] that are required [0.3] for this process to be just [0.7] first there has to be justice in the original acquisition of holdings [0.4] second [0.2] there has to be justice in the transfer of holdings [1.0] from one person to another [0.8] and third there has to be rectification of any past injustices that might have occurred [0.3] [sniff] [0.8] of course [0.2] er the big question here is what is it for ju-, [0.2] for acquisitions to be just in the first place [0.7] and [0.2] an important [0.2] point that Nozick makes here [0.3] is what he calls [0.4] the Lockean proviso [0.5] er because h-, he's it's closely related to a point that John Locke made [0.4] this says [0.6] that there's an important constraint [0.2] on [0.2] acquisition [0.2] in the first place [0.4] that is [0.3] that when you appropriate goods you have to leave enough and as good left in common for others [0.6] enough and as good for others [1.1] er [0.2] well [0.7] we'll [0. 2] come back in a minute to exactly what that means [1.2] [1.9] Nozick contrasts his historical entitlement approach to justice [0.4] with [0.5] er [0. 2] any [0.2] principle that aims either [0.4] to achieve a certain end state [0. 5] or [0.4] to achieve a certain pattern of distribution [1.1] er [0.3] he rejects [0.2] all principles that end [0.2] e-, that aim at end states or patterns [0.6] so [0.2] there are a lot of familiar [0.2] ad-, examples of such principles we've already come across like [0.2] maximizing utility [0.5] or [0. 2] maximin primary goods Rawls' principle [0.6] er [0.3] [sniff] [1.4] now on the entitlement view things come into the world [0.3] already attached to people who are entitled to them [0.5] people's choices to transfer those entitlements [0.6] simply don't have to conform to any pattern [0.4] they can do what they like with them [0.5] so he thinks this whole idea of a of a [0.2] aiming at a pattern [0.3] is misguided [0.7] and [0.2] he [0.4] he claims that [0.6] the benefits of the social surplus [0.5] the the surplus [0.5] that people get from cooperating with each other [0.8] are not manna from heaven [1. 1] er that we can distribute freely it's not up to society to distribute this as if it were manna from heaven [1.3] er w-, what does he mean by that exactly well [0.5] let's think first about what if [0.4] what if individuals were all like Robinson Crusoe every person had his own island [0.4] and on that island he worked by himself he or she worked by themselves [0.4] creating whatever [0. 5] they were creating building their tree houses or [0.4] fishing [0.5] well in that case he thinks it's clear [0.4] that there would be no distribution [0.4] er redistribution warranted that each Robinson Crusoe [0.3] would be entitled [0.3] to his own product [0.5] [sniff] [0.2] er [1.1] well [0.3] does cooperation change that [1. 3] if these [0.2] different Robinson Crusoes [0.4] suddenly get together and start cooperating and producing more than the total that they were producing separately [1.1] is the surplus available [0.2] for redistribution [0.6] well a common answer is [0.3] yes it is because [0.4] once cooperation occurs we can no longer disentangle [0.8] er the contributions that each individual makes [0. 5] to the product [0.4] well [0.2] Nozick [0.3] rejects that answer [0.2] he says [0.2] yes we can [0.2] disentangle [0.2] the product [0.5] if we can identify the different contributions [0.5] er [0.5] sorry if w-, we c-, if we can identify what different individuals need to be given as incentives to produce [0.5] then [0.3] we know [0.3] what they are responsible for producing [0.4] so [0.3] the very same question the [0.3] th-, a-, let me put it this way [0.3] the answer to the question [0.3] of who needs to be given incentives to contribute in order to generate extra product [1.0] also answers the question of who's entitled to that product [0.6] the two things go together [1.8] so the surplus arrives in the world already attached to people [0.3] and it's not available for redistribution [0.7] in his view [1.7] [cough] [1.6] all right well that's all s-, that all sounds pretty [0.3] radically unreconstructed sort of anti-welfare state stuff [0.6] er how radical is it really would it actually wipe out the welfare state [1.8] well there are two reasons to think it might not be quite as radical as it sounds at first [0.9] er [0.5] first [0.2] remember [0.2] that [0.2] just acquisition of holdings is limited by [0.2] the Lockean proviso [0. 5] which says that [0.2] you can only take goods [0.2] to begin with [0.2] if you n-, leave asnough and as good for others [0.7] so acquisitions that make others worse off [0.2] are unjust [0.2] and they have to be rectified [1.2] well worse off compared to what [0.3] you may ask well that's the critical point what's the baseline for comparisons [1.7] er [0.3] everything depends here on how you fix this baseline [0.7] well he gives a few examples of what he has in mind [1.0] you can't appropriate the only waterhole in the desert [0.2] and make people pay you for y-, [0.2] getting water from it [0.5] why [0.4] because that would leave them [0.2] worse off than they would have been [0.4] if you hadn't appropriated it [0.5] er [0.9] but [0.3] contrast that with a different case [0.6] if you invent a new medicine [0.8] and you charge people [0.8] for supplying them with this medicine [1.2] then [0.7] you can [0.6] you can do that that's that's not unjust that's er compatible be-, [0.4] you're you're not leaving anyone worse off than they would have been because [0.3] if you hadn't invented this medicine they wouldn't have had the medicine anyway [0. 7] all right so [0.7] that's the k-, the kind of [0.2] er [0.7] way he wants this distinction to apply [0.6] okay so that's one reason we're limited [0.6] by the Lockean proviso in what we can justly acquire in the first place [0.3] and secondly [0.3] his third principle says you have to rectify past injustices [0.7] well if we think about it [0.2] think about the history of [0.5] er Western civilization [0.3] there have been [0.2] plenty of [0.3] violations of the Lockean proviso [0.3] people have been helping themselves to things that left other people worse off [0.4] for a very long time [0.2] so we've got an awful lot of accumulated past injustice [0.3] that strictly speaking ought to be rectified [0.4] in our societies [0.6] and [0.3] he admits Nozick admits that actually [0.4] maybe [0.4] er a rough rule of thumb which might have the effect of rectifying all this past injustice [0.6] might be something rather like a maximin principle [0.6] er you might assume that [0.4] the people who were the victims of this past injustice [0.4] er are now among the worst off members of society [0.4] and a rough and ready way of rectifying it [0.2] might be [0.4] to make them as well off as you can [1.0] so those are two reasons to think [0.4] maybe it's not quite as [0.3] anti- welfarist in its [0.3] er anti-welfare state in its policy [0.2] implications [0.5] as [0.2] it might sound [0.9] the practical recommendations might not be that different [1.7] all right so [0.4] i want now to move on [0.3] to discuss [0.2] the objections that Nozick makes [0.3] to [0. 4] Rawlsian [0.9] justice in particular and also [0.3] more generally to the whole idea of a pattern of redistribution which Rawls is one example of [1.8] first [0.8] there's [0.2] er [0.3] the interference objection [1.1] this is an objection to pattern principles [0.3] er of justice just [0.2] principles that aim at some particular pattern of the distribution of goods [0.8] in general not just [0.6] to Rawls [0.6] he illustrates this objection with this famous [0. 2] example of Wilt Chamberlain [0.8] he supposes that we've got a just starting point [0.7] er [0.5] everybody's got a just amount of income to begin with [1. 1] and then [0.3] er from this point we suppose that there's this [0.2] fabulous basketball player and everybody [0.5] is very [0.3] enthusiastic about paying [0.4] er a pound each or a [0.2] a dollar each i guess he says [0.3] to [0.5] a [0.3] twenty-five cent seat i can't believe that er have twenty-five anyway [0.2] to see him play basketball [0.5] so [0.2] he ends up Wilt Chamberlain ends up far richer than anyone else [1.6] and this is all a voluntary [0.7] transfer [0.4] from a just starting point [0.7] now if we're trying to maintain a pattern of [0.2] justice of d-, d-, [0.2] pattern of distribution [0.9] we're going to have to interfere continually to maintain that pattern [0.4] when people make these voluntary transfers we're going to continually have to interfere with the liberty of people [0.7] to [0.6] buy things to transfer resources in the way that they choose [0.6] so maintaining any pattern of distribution will require a constant interference [0.2] in people's liberty [0. 3] he says [0.6] [sniff] that's the objection [2.0] well [0.2] you might [0.6] say [0.2] wha-, [laugh] [0.4] why wait a minute why is that an objection i mean that's just tax taxation i mean [0.8] we're all familiar with taxation it's [0. 3] you're just wrinkling your nose when you [0.3] when you say [0.4] taxation yuck i mean that's not really an objection [0.5] er [1.0] well [0.7] let's [0. 2] include a little bit more of the rhetoric here to er sort of [0.4] illustrate this point [0.9] er [0.6] he says [0.5] well look [0.2] if the starting point is just [0.3] then people s-, [0.3] in that starting point supposedly [0.7] should be entitled to dispose of their goods as they like [0.9] well why doesn't that [0.6] include [0.3] transferring [1.1] their money to someone else if they want [1.3] he says [0.3] no third party has any claim on your goods in the just starting point [0.7] well why does that [0. 2] change [0.4] if you [0.3] transfer your [0.3] good to a second party if the third party didn't have a claim to begin with why did they get one just because you transfer [0.8] some money [0.3] like you know when i transfer my [0.3] twenty-five cents to Wilt Chamberlain [1.7] he says [0.4] a socialist society would have to forbid capitalist acts between consenting adults [1.4] er [0.3] and [1.7] so he says [0.2] people [0.5] pattern principles let people spend their fair share on themselves [0.3] but not on other people [0.3] and that this is [0.4] a kind of [0.2] perverse individualism it's individualism with a vengeance he says you're only allowed to spend money on yourself but not on other people [1.1] er and he also complains that [0.5] er [1.4] this kind of a restriction [0.8] ignores the rights of donors the rights that people have to give gifts [1.8] all right so there's some good rhetoric there this this remark about forbidding capitalist acts between consenting adults is [0.3] reproduced in practically every introductory text [0.3] to political [0.3] philosophy but [0.7] let's ask is there really a good argument behind this [1. 3] er [0.2] well quite a few er different replies have been made [0.3] er just to consider a few of them [0.7] er first various critics have pointed out that really this [0.2] point just begs the question [0.8] he's simply assuming that an ideal starting point confers [0.3] unqualified entitlements [0.8] to transfer your goods [1.4] but that [0.2] assumption is [0.3] precisely what any pattern view is rejecting so he he hasn't really given any independent argument he's just [0.2] sort of begged the question with this rhetoric [2.2] a second reply is that [0.5] for a very important class of goods [0.4] the rights of donors are irrelevant [0.5] and these are goods [1.2] that are your natural endowments your natural abilities or disabilities your t-, natural talents [0.3] things like what family you're born into [0.5] er [0.5] these are not things that anyone gives you [0.3] unless you want to think of them as the gifts of God or something [0.9] but er [0.4] barring that [0.3] the r-, there's no donor [0.6] whose rights are relevant [0.9] er [1.2] so we'll come back to this point about natural endowments [0.2] shortly [1.6] a third reply though focuses on goods for which [0.2] there are actually donors er so it's er it's not pursuing the donor point [0.9] er [1.8] it says even if we consider goods [0.3] which are given [0.3] by human donors [0.4] this argument still doesn't work it actually involves a confusion [0.9] the argument [0.3] er starts from [0.9] er the idea [0.3] about [0.7] the correct [0.9] fr-, from an idea about what it is for me to spend money on myself [0.9] as opposed to spending it on other people [0.3] and then it says well [0.3] if i could spend it on myself why can't i spend it on other people that's individualism with a vengeance [0. 6] but this whole idea of spending money on myself [0.6] is [0.9] suspect [0.2] it doesn't hold up [0.7] er [0.7] you can't [1.1] you can you can give money to someone without getting anything i-, in return but that's not really spending it on yourself [0.4] spending money on yourself [0.3] involves [0.3] transferring the money to someone else in exchange for something [0.6] that you get from them that's what happens when you buy [0.3] something [0.3] for yourself [0.6] you give your money to someone else who gives you something in exchange [0.7] er you can't eat your money i mean there's no way of [0.3] consuming your money [0.3] without entering into an exchange with someone else [1.8] okay so transferring money to someone else is part of what it is to spend money on yourself [0.8] [0.2] [sniff] [0.3] so [0.8] the er underlying point here is that exchanges and transfers [0.8] provide the measure of income [0.9] er we're not income isn't just [0.4] bills you know [0.2] pound notes [0.4] or pound coins [0.4] income is [1.2] how many times those things get circulated in exchanges [0.4] so to take an example suppose i earn a hundred pounds [0.3] doing my job [0.6] and [0.2] i pay tax on that hundred pounds and i've got my leftover whatever it is sixty pounds [0.5] and [0.5] er [0.6] i then [0.7] come home and pay my [0.2] housekeeper [0.3] for cleaning my house [0.6] er [0.4] and i [0.2] so i give her twenty pounds out of what i have left [0.3] and she pays tax on that again [1.0] now because that's the same [0.6] ten er s-, ten pou-, er twenty pound note that i've already paid tax on doesn't she can't argue well i don't have to pay tax on that because you've already paid my tax [0.7] that that would be crazy [0.6] er [0.4] so [0. 4] this er objection really seems to involve a very naive view about what it is [0.2] what income is [2.2] [0.5] so every time people [1.3] money and goods change hands [0.5] in-, more income is generated [1.9] all right so i don't think the [0.2] Wilt Chamberlain non-interference objection [0.5] gets very far [1.1] let's go on now to consider [0.3] er [0.3] two more objections Nozick makes [0.3] these are actually focused more on Rawls in particular [2.3] and they concern especially the idea [0.2] of Rawls that you derive principles of justice from the original position [0.2] behind a veil of ignorance [2.1] the second and these are [0.3] quite closely related so i'll sort of give you a a brief idea of each of them and then i'll [0.2] come back and look at [0.2] them [0.2] in turn a little more closely [0.6] the second objection [0.6] er [0.3] Nozick makes is that [0.3] [0.5] the idea of deriving principles of justice from [0.7] er [0.4] a position of choice behind a veil of ignorance [0.7] could never [0. 3] produce [0.4] the kind of principles [0.3] that he Nozick likes they could never produce historical entitlement principles [0.7] er [0.2] they'd have to produce some kind of an end state or pattern principle [1.9] so he objects to this er [0.6] choosing principles in the original position behind the veil idea [0.3] because he thinks [0.3] it's totally biased against [0.5] the whole idea of an entitlement principle and a-, leads you necessarily toward [0.2] the kind of principle he rejects [1.0] the third [0.3] er objection he makes is that [0.8] if that's true that puts Rawls in an inconsistent [0.3] position [1.3] Nozick says look [0.7] Rawls' argument depends essentially on a certain procedure [0.8] er [0.4] whatever [0.4] principles would be agreed to [0.5] in this position [0.2] behind a veil of ignorance [0.6] count as just [0.8] so [0.5] the procedure that [0.3] people go through of choosing behind a veil of ignorance is what [1. 2] justifies these principles [0.2] as just [0.9] but he says well look [0.4] if a procedure is good enough to justify these principles [0.4] why aren't procedural principles good enough to start with [1.0] like my entitlement principles [0.4] er [0.4] that he thinks there's a sort of inconsistency [0.6] in having a procedure [0.3] that can only justify [0.2] non-procedural principles [1.4] all right [0.6] like pattern or end state principles which are not just a matter of what procedure you've historically gone through [1.0] like his are [1.1] all right [0.7] that's just briefly to give you an idea of these two objections let's go back [0.3] over them a little more slowly now [0.4] let's look at this second objection [0.3] [sniff] er [0.2] in a nutshell [0.2] this objection is [0.4] that [0.2] the original position is set up in a way that's biased against ever [0.7] er [0.2] yielding [0.4] procedural principles of justice and ty-, historical entitlement type principles [1.6] okay we can call that the bias objection [0.2] [sniff] [0.2] er [1.7] [sniff] [0.6] well [0.6] why does Nozick think [0.2] that people behind a veil of ignorance would never go for procedural principles would always go for some kind of pattern or end state principle [0.7] to explain why [0.4] he gives an example [0.4] he asks us to imagine a group of students [0.6] and these students are trying to decide [0.4] on a marking scheme [0.7] how they want their [0.3] er [0.8] their work [0.6] to be marked [0.5] and they're trying to do this from behind a veil of ignorance that is to say they don't know how good their work is they don't know what marks they're likely to get [1. 0] and he argues that [0.4] in that position students would never agree [0.4] to be marked on the merits [1.4] er to have their work just really fairly [0.3] at-, [0.2] assessed on the merits they would rather [0.5] agree to some marking scheme that gave them [0.3] as good a chance as possible [0.4] of [0.3] getting [0.4] a good mark or which [0.3] guaranteed that they wouldn't fall below a certain level [0.4] or [0.2] something like that some kind of pattern or end state [0.2] they would go for [0.5] but not just [0.8] to be marked on the merits [0.8] er according to their entitlements [2.8] er [0.6] well [0.8] let's think about that er [1.3] how many students would actually [1.2] choose to be marked on the merits if they were [0. 2] making this kind of a choice [0.6] er [0.2] in fact [0.3] er in America i don't i i guess it's the case here for some courses [0.5] there are a lot of [0. 2] a lot of places offer the option [0.2] of [0.5] er taking courses pass fail instead of getting marks in them [0.5] and it's very unpopular hardly anyone does it [0.2] they're per-, per-, perfectly free to do it but people don't do it [0.7] well you might say that's not really relevant for several reasons one [0.4] they're not behind a veil of ignorance [0.4] er [0.5] and t-, two er [0.9] you know the j-, the job market is such that you know that employers are going to wonder why you took things pass fail most students don't do it so if you do it it's going to look bad [0.4] right so it's not exactly [0.5] relevant but [0.4] maybe it's suggestive anyway because there may be more to it than this i mean [0.9] er [0.6] let's make a thought experiment that [0.2] makes it a little bit more relevant here [0.5] er [0.2] if you were starting out at university so you didn't really know what to expect [0.4] say you'd got into a really good university [0.4] much better than [0.4] er [0.2] most of the people who are in your secondary school did [0.3] so you were there with a lot of really high powered people and you really had no idea how you were going to [0.7] er come out in that competition [0.9] and also let's suppose er [0.5] that [0.3] this is the only university in your country you're in a small country it has one university [0.3] so [0.4] er y-, [0.4] the-, there aren't a lot of other universities doing something different [0.3] and the student body now is voting on a marking scheme [0.6] now we get a little bit closer to [0.5] er the situation [0.4] well [0.5] er [1.1] what would you what would you do let me just ask you [0.4] how many of you in that situation would actually vote [0.3] to be marked on the merits [5.8] how many of you would vote for something other than being marked on the merits [1.5] well all right i think that i think this is [1.8] sf1168: er sorry but can you explain what [0.2] on the merits means nf1167: on the merits it just means somebody marks you according to how good they think your work is [1.7] on the merits of your work [2.4] su1169: [laughter] nf1167: sorry did you not understand that do you want to tr-, do it again sf1170: yes nf1167: how many would you how how many would want to be marked according to how good [0.2] they think the work is [1.5] as opposed to just you know some kind of [0.2] pass fail scheme or something [0.5] like that if you if you pass the minimum amount then [0.2] okay how many people would like to be marked on something other than on the merits [1.9] [laughter] one brave soul [0.5] good [0.3] well anyway look [0.4] i think there's something [0.2] er revealing here i mean i don't know what your reasons are and i i'll maybe we can pursue this in the seminar and find out [0.4] but [0.5] at least i think some of you might be motivated in the following way [0.2] you might think to yourselves [0.5] well look it's a bit like engaging in a sport i'm going to put a lot of effort and a lot of time into this [0.3] and i want to achieve as much as i can achieve [0.3] and frankly i need the incentive i need the discipline to develop my own capacities to do as well [0.3] as i can do [0.3] i don't know what my capacities are [0.4] but whatever they are [0.4] i know that i want to develop them as much as i can [0.6] and the incentive and discipline that being marked on the merits will provide [0.3] will help me to do that [1.4] er [1.4] so [0.3] that suggests that people enjoy developing their abilities they enjoy achieving whatever excellence they're capable of [0.9] and i think that's actually quite an important and univ-, fairly universal motivation er [0.3] it also suggests a reply to Nozick here [0.6] er [0.6] these students may well choose to be marked on the merits er [0.7] even if they're behind a veil [0.2] for this kind of reason [1.1] er [0.5] but it's interesting that Rawls actually says you know [0. 4] behind the veil you don't know anything about yourself personally but you do know some general psychological facts about human beings [0.4] one of the things he allows [0.4] is that [0.3] what he calls the Aristotelian principle [0.5] the Aristotelian principle says [0.3] people enjoy exercising their abilities and they enjoy doing [0.2] well what they can do [1.4] so er [0.5] you might [0.2] wonder actually [0.3] whether people behind Rawls' veil of ignorance might reasonably choose principles that give them some incentives to develop their capacities [0.7] er might even [0.2] choose principles that involve penalties [0.4] along the way for failing to reach certain goals [1.7] now you might say well [0.2] wait a minute you wouldn't choose that if you didn't know whether you were handicapped [0.5] whether you were disabled in some way [2.1] er [0.8] well [0. 7] this is [0.5] a delicate matter i mean we have to y-, there there are lots of points that have to be [0.4] er made and respected about disabilities but [1. 1] we certainly don't want to be in a position of arguing that [0.5] er [0.8] disabled people are any different from other people in respect of enjoying exercising their abilities and doing what they can do well i mean from [0.3] you know Stephen Hawking to wheelchair sports [0.6] er [0.4] you've got lots of counter-examples to that so [1.3] almost everyone has [0.2] a capacity to do something well [0.5] er it doesn't have to be something earth shaking [0.8] er it can be just arranging flowers or [0.4] you know er [0.3] whatever but [0.7] er [0.2] people nevertheless enjoy [0.7] developing [0.4] their capacities whatever they are at whatever level they fall [0.6] okay [0.2] so that's in effect [0.2] er a reply to this [0.5] er second objection of Nozick [1.3] that [0.7] er the bias objection isn't really true [1.4] [cough] [0.2] the original position in the veil aren't really biased totally against entitlement princi-, principles [0.3] they may even [0.3] be more conducive to entitlement principles than Rawls himself seems to think [2.2] okay let's now go on to Nozick's third objection [0.6] er [1.3] for this objection we have to suppose for the sake of argument that the bias objection is correct [0.8] because [0.2] it [0.3] makes a sort of dilemma or inconsistency based on that [1.0] er [1.5] okay so we're supposing that the choice procedure behind the veil [0.4] cannot yield procedural [0.4] principles of justice [0.9] er [0.6] he says Nozick says well that would be it was [0.2] it's inconsistent to appeal to a procedural choice [0.5] er to justify principles if this procedure rules out procedural principles [1.6] er so he says if procedures are so great that they can justify the principles they lead to then Rawls' theory is defective because it can't lead to procedural principles [0.8] er [0.4] and if procedural principles aren't good enough [0.2] then Rawls' theory isn't justified anyway [0.5] er [1. 2] so if [0.6] procedures are good enough to base the choice of principles on they should be good enough to count as principles of justice he says [1.3] er [0.3] [1.0] [cough] [0.2] [1.8] excuse me [0.9] okay so how much is there in this er [0.2] objection [0.4] is there really any dilemma or inconsistency here [0.8] after all [0.4] for Rawls it's not [0.2] just the fact [0.3] that you've made a choice that you've gone through certain procedure [0.5] er [0.3] not any old procedure would do not any old choice [0.3] not any old contract that people might make [0.5] would have this special kind of justification attached to it [0.8] what's very important [0.2] for Rawls is the idea that people [0.3] have chosen something behind a veil of ignorance [0.6] and that's [0.4] essential to the justification [0.2] provided for what they choose [0.4] it's essential to it because [0.4] the whole idea is that there are [0.3] morally arbitrary factors factors for which people aren't responsible [0.6] that could influence [0.7] er ordinary contracts and ordinary procedures [0.3] so normally when people [0.2] enter into contracts all sorts of morally arbitrary factors are influential [1.4] er and [0.2] that's why [0.5] those [0.3] contracts those procedures don't yield the special kind of justification [0.5] that you get [0.3] when you impose [0.3] the veil of ignorance [0.2] which excludes the influence of these morally arbitrary factors [1.0] so [0.4] it isn't just any old procedure it's a very special procedure [1.1] er [0.2] [0.4] that Rawls appeals to [0.4] so i don't actually think there's any [0.3] dilemma or inconsistency here this [0.3] argument doesn't work either [1.8] [cough] [2.9] so let's now move on to [0.2] the fourth objection that Nozick [0.2] makes [0.9] er [0.6] this is [0.7] the forced labour objection he says taxation is equivalent [0.6] to [0.2] forced labour [0.5] [sniff] [0.5] taxation of earnings from labour is on a par with forced labour [2.2] so [0.2] seizing [0.6] er [0.7] the results of someone's labour is equivalent [0.2] to seizing [0.7] hours from them forcing them [0.4] to work [1.6] how does he er [0.4] develop this idea [0.2] well he compares two people [0.3] er i'm [0. 2] i'm making up some names here i've got [0.6] Amy and Zach the er [0.3] intended A and Z in-, intended to [0.3] suggest that this is [0.2] a spectrum in between these two extremes [0.7] Amy prefers overtime plus more money to leisure [0.8] all right she's a [0.3] a workaholic [0.9] Zach prefers leisure to overtime [0.9] they have the same [0.2] abilities but they have different preferences [1.5] so Amy likes to buy things with the extra money she work-, she gets by working overtime [0.6] she's a sort of workaholic consumer type [0. 5] Zach is a surfer [0.6] he works er you know the minimal working day and he spends the rest of his time surfing he'd rather surf than anything he could [0. 3] buy with the money he'd earn if he [0.2] wasn't surfing [1.5] so because Amy works overtime some of the extra money she earns goes to tax [0.5] er it h-, goes to help the needy [0.9] but when Zach goes surfing [0.3] he's not taxed [0. 4] no extra cash is taken from him [2.0] if his leisure spent surfing was taxed [0.4] he would actually h-, [0.3] have to work [0.3] extra [0.5] to get the cash to pay the tax on that extra [1.0] er [2.3] so he would be in effect forced [0.3] to work more than he wants to forced to work overtime in order to [0.2] pay tax [1.0] well Nozick assumes that that would be wrong that that would be forced [0.2] labour [0.6] that Zach [0.2] would be entitled not to work overtime if he chose this without being liable to tax [0. 5] on what he would have earned if he had worked overtime [1.2] he says [0.6] well look if [0.9] er if Zach's not required [0.3] to [0.2] pay tax to [0.2] he's not forced to work [0.3] in order to pay tax on his leisure [0.4] why should Amy be forced to work just because she prefers to work overtime [0.5] why should only Amy be required to help the needy and not Zach [0.8] er just because they have different tastes that seems unfair to workaholics [2.1] and he er [0.2] goes on with [0.2] a whole lot of rhetorical questions [1.2] he says some people's happiness depends on goods and services [0.3] and they'd need money to buy them [0.4] but other people's doesn't [0.3] why do we treat them differently [0.5] some people like to [0.2] watch films so they need money to buy tickets to get into the cinema [0.4] other people prefer to watch sunsets [0.6] why should they [0.3] why force [0.2] the movie goer to help the needy [0.2] and not help the sunset lover [0.2] the nature lover to help the needy [2.5] what justifies treating them differently [0.3] okay well [0.7] these are good questions actually they're serious questions in [0.5] er [0.2] [sniff] [0.4] the [0.5] tax tr-, about the tax treatment of leisure [0.3] and they raise er serious issues about tax policy [0.6] er how to value [0.4] er [0.4] leisure [0.6] [0.7] [sniff] [1.0] so i think in order to understand what's going on here we make [0.2] need to make a little bit of a digression [0. 5] er and think about what's in the background of some of these issues here [1. 1] our existing tax systems by and large [0.2] er [0.4] don't tax someone like Zach [0.7] who chooses to con-, [0.4] to consume his own leisure of course he'd be taxed on whatever he did earn [0.6] for the hours he worked [0.4] but he wouldn't be taxed on what he could earn if he worked more [1.1] they n-, existing tax systems don't tax leisure [1.0] er [1.2] so [0.2] someone like Zach is treated in effect more favourably than someone like Amy [2.2] er well why [0.2] what's the explanation of this is it because we have an aversion [0.4] to [0.4] er [0. 2] forced labour [0.8] or is it for some other reason [1.7] er [0.2] well let's [0.2] let's think a bit more about this now [0.7] er [0.4] i said Zach and Amy have the same abilities but different preferences [1.4] Amy er chooses to exercise her earning ability [0.6] t-, mo-, more fully than Zach does [1.1] well why doesn't Zach [0.8] want to exercise it [0.5] so [0.5] one possibility is Zach may genuinely prefer to surf [0.8] er [0.4] [1.5] but another possibility is this [0.3] he may think [0.4] well look consumption of my own leisure time is not subject to tax [0.5] while if i work and buy something else it is subject to tax [0.4] so [0.3] actually it's a better deal to consume my own leisure time 'cause it's tax free [1.4] er [0.2] [1.4] and since his leisure time is tax free [0.5] he may decide he wants to consume more leisure than he would [0.4] otherwise [1.1] that's a bit like buying more whisky than you might want [0.5] otherwise because you're in duty free [0.8] er [0.6] so [0.2] [0.5] if [0.2] Zach were influenced by this kind of reasoning [0. 3] he might well [0.4] er [0.4] decide [0.4] to take more leisure [0.2] spend more time surfing than he would otherwise [0.6] in that case the tax system would be distorting [0.5] his decisions about how much to work [0.2] inducing him to work less [0.7] and that's widely regarded [0.2] as a bad thing for a tax system to induce that kind of distortion in the labour supply [0.8] now how could that be avoided [0.3] how could a tax system avoid that [1.6] well [0.2] there's a way [0.2] that's widely [0.4] er known and discussed it's completely impractical [0.4] but it would [0.3] it would theoretically [0.2] do the trick [0.2] and that is [0.4] you tax people's leisure as well as their [0.2] income [0.5] that is to say you tax their earning ability [0.2] not what they actually earn [0.4] but the ability to earn [0.2] that they have [0.8] er [0.3] what they c-, [0.2] you tax them on what they could earn [0.2] if they were to exercise their earning ability [0.2] fully [1. 7] now that in effect [0.3] treats people [0.2] as if they're having to buy their own leisure time back [0.4] out of [0.3] their full [0.5] er earning ability [1.8] er [0.3] that kind of tax is called a lump sum tax you owe a fixed amount based on your earning ability [0.2] and you can't change it by how much you choose to work [1.1] you can't [0.4] reduce it by choosing to work less you owe it whether you work or not [1.0] and because of that [0.2] you actually have to work [0.3] because you can't pay it out of leisure you have to work enough at least [0.4] to get the money to pay the tax [1.3] so that in a sense does force you [0.2] to [0.3] work [2.3] [2.0] okay so this is a scheme that says if you have the ability to earn a certain income you owe tax on [0.4] that amount of income whether you choose to exercise that ability or not [0.2] is down to you we don't care [1.7] let's notice three things about this idea of lump sung [0.2] sum taxation [1.3] well first [0.5] it avoids this distortion [0.4] er people no longer have incentive to work less than they would [0.4] you can't reduce the amount of tax you owe [0.3] by [0.2] er [0.9] working less [1.4] er [1.0] second [1.1] as i said it does in a sense force people to work [0.4] in order to pay this inflexible tax you have to work [0.6] at least enough to get the money for the tax [1.4] er [0.5] so that [0.2] may be regarded as a distortion of their choices as well [1.6] [sniff] [0.3] er [0.8] it's not subsidizing leisure but it's er [0.5] doing something else maybe it's even worse [0.5] does it [0.2] violate their rights of self-ownership [0.7] er [0.5] Nozick at any rate thinks that this is such a bad idea that he doesn't really even take it seriously [0.7] er he thinks if he can persuade us that taxing say a movie goer is just as bad as taxing a sunset lover [0.4] then we won't tax either of them he doesn't think [0.3] er well he doesn't even take seriously the possibility we might tax both of them [1.4] but we should ask [0.2] well [0. 3] is it really that bad [0.3] is does it really violate s-, rights of self- ownership to do this [0.5] er [2.4] or are d-, are people do r-, people really have rights of self-ownership that would [0.2] rule this kind of thing out [0.9] er [1.1] well [0.2] the third point [0.4] about lump sum taxes undercuts these [0.3] first two points really [0.3] and that's the point that it's just completely impractical [0.5] why [0.7] er because it provides an incentive to people to hide their true abilities [0.6] talented productive people [0.4] will have an incentive to pretend to be [0.2] less talented less productive to reduce their tax [0.9] er [0.5] by behaving [0.6] as if they were less talented and less productive because after all the government [0.2] doesn't know [0.3] what your true earning ability is all it can [0.5] observe is how you behave [0.9] so very productive people may have an incentive to behave as if they were less productive [1.1] and that's a bad distortion [0.2] on the labour supply that's probably worse than the other one [0.5] er [1.8] okay so [0.6] er [0.3] there's no reliable way to get the information you'd need [0.4] to avoid this [0.4] bad incentive effect [1.1] er [1.1] one way of doing it might be to pretend everyone had the same abilities and tax everyone [0.2] exactly the same regardless of their abilities [0.5] but that's really [0.2] going to be very hard on people who actually are disabled [1.0] who actually do have [0.9] very reduced abilities [0.3] so that doesn't [0.3] really work either [0.8] okay so it's a very impractical idea the lump sum tax idea [1.0] this is [0.3] a very [0.2] brief breezy summary of some very complicated and deep issues about tax policy [0.6] but i th-, [0.2] the point i'm trying to make here is [0. 5] look we've got another explanation of why we don't tax Zach on his leisure [1.0] er [0.6] in theory [0.3] if we c-, really could measure people's earning abilities maybe we would [0.9] maybe we wouldn't be worried about the forced labour idea [0.4] the reason we don't do it isn't that [0.5] it's that it's just completely impractical [0.4] that's why we don't do it [0.5] [1.9] all right [0.2] so er [2.8] i don't think that the forced labour objection [0.7] gets very far either [0.7] this is another one [0.6] that er [0.2] counts as [1.2] shooting from the hip [1.1] but now i think we're getting closer to the area where [0.2] the really er important [0.2] objections lie which i think do [0.2] actually [0.4] hit their targets [0.5] and these are the objections that have to do with the idea of moral arbitrariness [2.2] er [3.0] i think [0.3] his ideas about moral arbitrariness are central to why Rawls rejects anything like Nozick's [0.3] position [0.7] and [0.8] Nozick disagrees with him here [0.2] at the heart of his theory [0.8] er [0.3] Rawls thinks that [0.2] talents and abilities disabilities that people are born with [0.3] the family situations they're born into [0.5] the upbringings they receive [0.3] are morally arbitrary [0.2] but what does that mean it means they're not responsible for them [0.2] they don't deserve them in any sense [0.8] at times he even seems to think that the effort they make [0.3] the degree of effort [0. 3] they exert is morally arbitrary that that's almost like another talent they have [2.8] okay [0.3] so [0.6] er [1.4] these morally arbitrary factors are not chosen by the person they're not responsible for them [0.6] and the idea here is that morality and justice should not depend [0.5] on factors [0.3] that are arbitrary from a moral point of view [0.2] factors that are merely matters of luck [1.1] that expresses [0.3] a Kantian view which is at the heart of Rawls' [0.2] Theory of Justice [0.7] Kant thought that the demands of morality and justice could not depend on merely empirical factors [0.4] on merely contingent differences between people [1.2] between their different personalities and desires [1.0] they had to be the demands of justice had to be [0.6] er [0.6] an expression of pure reason abstracted from all the contingencies of the empirical world [0.7] er and an aspect of each person in Kant's view [0.3] is that each person has a capacity [0.5] to respond to pure reason [0.3] to form intentions on the basis of pure reason [0.5] this capacity is an aspect of what Kant [0.7] regarded as the purely rational self or the the noumenal self [0.2] to use his technical term [1.5] er [1.1] so [1.1] people had this capacity of the in their [0.3] er that resided in their noumenal aspect with their noumenal selves [0.5] to act on the basis of pure reason apart from all these morally arbitrary [0.3] factors [0.4] and in that respect [0.2] Kant regarded people as fundamentally free and equal [1.4] well [0.4] Rawls [0.4] says at one point in A Theory of Justice [0.4] that [0.3] his original position can be thought of [0.5] as the point of view from which noumenal selves see the world [1.4] so it's because differences in [0.4] your abilities your natural abilities your upbringing and so on [0.5] are a matter of rock are morally arbitrary [0.3] that Rawls wants to exclude them from influencing [0.6] what goes on in the original position [1.1] he does that through the veil of ignorance [0.7] so the veil of ignorance sort of strips people down [0.5] of all these [0.2] arbitrary differences [0.7] er in their own conception [0.6] the way they can see themselves behind the veil [0.6] er [1.3] all that's left is a sort of [0.7] our morally equal abstract selves [0.4] that are [0.4] supposed to carry out [0.2] a search for [0.2] reasons [0.7] that are prior to [0.2] all these different [0.8] arbitrary factors that differentiate people [1.4] prior to good and bad luck [1.8] now [0.2] it's those ideas i've just sketched a sort of cluster of Kantian ideas at the heart of Rawls' theory [0.3] it's those ideas [0.2] that Nozick [0.4] launches his most telling attack [0.3] at [1.2] er and there are at least three different strands of this attack that we can differentiate [0.4] first [0.5] er [0.2] he says the moral arbitrariness line of thought is dangerous it proves too much [0.8] er [1.0] it's supposed to stop us from [0.4] er giving moral significance [0.4] to [0.5] er [0.2] the results of certain you know free market transactions and so on [0.5] but it can only do that [0.6] by doing a lot more than that by attributing in effect everything noteworthy about a person [0.3] to morally arbitrary factors [0.6] 'cause after all [0.2] if we go back far enough to before someone's birth [0.4] he's not responsible for any of the factors that lead to his own birth [0.4] or to his genetic make-up [0.3] the environment in which he grows up [0.5] and so on [0.6] so we end up [0.3] er [0.3] calling his responsibility for anything into question [0.4] this leads to an unexalted view of people [0.5] as [0.2] not responsible for anything at all [0.9] and he says Nozick says [0.2] well that's a very risky line to take for someone like Rawls [0.3] because Rawls wants to defend [0.4] the dignity and self-respect of autonomous human beings [0.7] er [0.3] so before we go down the route that this moral arbitrariness idea forces on us [0.4] we'd better stop and think whether we really want to end up [0.2] where it takes us [0.4] maybe Kant was actually wrong [2.5] second [0.2] Nozick says [1.0] look [0.3] er [0.4] the view that differences between people need to be justified just begs the question [0.4] it simply presupposes [0.3] equality is a default position [0.2] why do differences [0.3] particularly need to be justified [0.7] people just are different [0.4] that doesn't need justification [1.2] now here he actually flings back at Rawls [0.2] something very close to the criticism Rawls that makes of utilitarianism [0.8] remember [0.2] Rawls criticizes utilitarianism [0. 3] for conflating the different desires of different people [1.4] and treating them [0.5] as if they were all [0.3] the desires of one big person [0.9] he [0.3] trades the pleasures and pains of different people off against one another [0.9] er [0.4] Rawls says that doing this [0.3] fails to take seriously [0.6] the separateness of persons [1.3] well Nozick [0.3] says [0.5] er by assuming the differences between people need to be justified [0.3] Rawls is failing to take seriously the distinctions the differences between people [0.6] at an even deeper level [1.2] er [0.5] he says [0.5] all these morally arbitrary supposedly morally arbitrary features of people [0.3] that we're supposed to sort of [0.4] abstract from [0.4] if we [0. 7] press too hard on this distinction between people and these morally arbitrary factors [0.5] we're not left with any coherent conception of a person [0.3] there's nothing left [1.1] er [0.4] people just are these bundles of morally arbitrary factors [0.4] [sniff] so we deprive people of their very identity if we [0.3] push this line [1.3] er [1.4] [1.0] and that's quite similar actually to the objection that Rawls himself makes against the sort of [0.3] bare person idea [0.4] remember we [0.3] discussed that last time [0.9] er [3.2] all right [0.3] er [0.8] so [1.7] the idea then is [0.3] we [0.3] should be just as [0.7] unhappy about this Kantian version [0.4] of the noumenal self [0.9] bare person [0.3] as we were about the utilitarian version of the remember the bare person who had an equal chance of being anyone [0.6] then one's no better than the other [0.6] and [0.5] er people [0.2] aren't bare selves of that kind and justice doesn't need them [0.4] that's the sort of [0. 3] line [1.7] okay so that's the [0.4] the second point the third [0.3] er strand of this sort of attack on the Kantian [0.7] heart of Rawls' theory [0.6] is that actually [0.6] er [0.4] there's a kind of inconsistency here because [0. 5] Rawls' theory does allow [0.2] morally arbitrary differences to have an influence [0.3] on people's just shares [0.4] remember after all the maximin principle [0.5] allows incentive in equalities [0.4] it says [0.2] [sniff] if by allowing for inequalities you can give the more productive people [0.2] incentives [0.3] that [0.7] make them produce more [0.5] in a way that [0.2] makes everybody better off including the worst off [0.5] that's okay [0.7] but people actually don't deserve to be more productive [0.7] so why should they [0.4] benefit from those morally arbitrary factors [1.2] er [1.8] well [0.3] in fact [0.3] Jerry Cohen [0.2] coming in from the left [0.7] er the opposite direction from Nozick [0.7] presses that very question [0.4] against Rawls [0.2] he says [0.4] he doesn't he rejects Rawls' reasoning for this sort of maximin idea [0.5] er well h-, he rejects aspects of of [0.3] the reasoning [0.6] because he says [0.3] just that [0.7] the more productive aren't responsible for being more productive and they jolly well could do the extra work without getting [0.3] the extra product [0.4] so why should they get the extra product [0.9] okay so Rawls seems to be sort of [0.5] cut [0.2] er [0.3] in he seems to be caught in between [0.5] the right wing attack from Nozick and the left wing attack from [0.4] Cohen [0.6] he's [0. 5] he's trying to allow a little bit of incentive and equality [0.4] but [0.9] allowing a little bit sort of is to have neith-, neither one thing nor the other [0.6] er [1.6] all right i think some of these points here really do hit their target [0.3] the underlying point [0.8] is expressed by Nozick when he says [0.2] that the foundations underlying desert [0.3] don't themselves need to be [0.3] deserved all the way down [0.5] people may be entitled to what flows from their natural assets [0.4] even if their natural assets are morally arbitrary [1.2] well let's just [0.2] focus [0.3] er [0.3] on what's at issue here [0.4] [1.4] it may seem that rights of self- ownership [0.4] are at issue [0.9] er [0.7] i don't actually think however [0. 3] that whether people have these strong rights [0.3] is the critical point [0. 7] er i don't think we have to believe in rights of self-ownership [0.3] in order [0.4] to [0.7] think that there's something to what Nozick is saying [0. 5] i think the real issue is [0.5] about a certain principle which i'm going to call the responsibility for causes principle [0.6] and this principle says [0. 2] this [0.2] it says that to be responsible s-, for something [0.4] you have to be responsible for its causes [1.6] to be responsible for something you have to be responsible for its causes [0.9] Rawls seems to assume that [0.4] he says [0.3] different earning levels are caused by different natural endowments [0.3] you don't [0.2] deserve your natural endowments [0.2] so you don't deserve [0.7] your earnings level [0.9] Nozick seems to reject that [0.3] principle [0.7] er [2.1] well [0. 4] should we actually accept this principle [0.5] notice [0.6] how if you accept the principle that you have to be responsible for causes [0.3] you can apply it again and again [0.4] not just do i have to be responsible for the causes [0.2] of any choice i make [0.3] but for the causes of those causes and the causes of those causes and so on [0.7] all the way back [1.3] er [0.3] but [0.6] pretty soon we're going to get back to a point [0.2] before i was even [0. 4] alive [1.4] i couldn't possibly be responsible for those causes all the way back [0.8] the result is [0.3] if you accept this principle it looks as if nobody's ever responsible for anything [1.5] er [1.3] responsibility seems to be impossible if we accept this principle [1.4] well [1. 5] we have to think very hard then about whether we actually do ac-, accept it [0.6] we don't usually think that nobody's responsible for anything [1.1] er [0. 2] so our normal [0.2] er practices of attributing responsibility people are inconsistent with this principle [1.3] er so we could deny that this principle was true [0.2] there's no incoherence in denying it [0.6] er we need to think very hard about [0.5] whether to accept it [0.5] one thing i want to say [0.3] er though is that [0.2] we shouldn't think that a reason to accept this principle [0.3] is that if we do it will support egalitarianism [0.9] that would not only be wishful thinking but it would be an illusion because [0.3] if no one's responsible for anything if no one ever deserves anything [0.3] it does not follow [0.3] that everyone does deserve [0.2] the same thing [0.8] that's just a fallacy [1.4] er [1.3] so making responsibility impossible does not provide any independent grounds [0.2] for being an egalitarian [2.1] all right [0.2] er [1.2] there we go then for today er [0.9] next time [0.2] communitarianism