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Chapter 3 // Chapter 4 - Coggle Diagram

- - - - Robert Nozick claims that “only a minimal state, limited to enforcing contracts and protecting
        people against force, theft, and fraud, is justified"
        
        Libertarian claims that no one should be forced to assist others. For example helping others violate the rights of the rich of doing what they want.
        
        Libertarians also see nothing wrong with inequality
        
        Nozick rejects the concept that just distribution of involve particular pattern like equal utility or equal income. the important thing is the result.
        
        He also rejects the patterned theories of justice and favors those honors the choices of people in free markets
      - Nozick admits that is not easy to determine if the initial holdings that generated economic positions were just or not.
        
        "If at all they can be proven, then there is room for remedying injustices via taxation, reparations and other means" p.65
- - - - What is a just system of service? Individual liberty and civic obligation. Is it right to recruit soldiers by means of a market system?
- - - - Moral issue - there were no laws regarding surrogacy in filing state at that time
        
        Arguments in favor of enforcing the contract
        
        A deal is a deal" (Pg.91)
        
        Voluntary agreement entered into by two consenting adults
        
        Arguments against enforcing the contract
        
        "Is a woman's agreement to have a baby and give it up for money fully informed?" (Pg. 92)
        
        Initial consent impacted by her need for the compensation she was offered
        
        "Turns children into commodities and exploits women by treating pregnancy and child-bearing as a money-making business" (Pg. 92)
      - District Court Judge's decision: enforced the contract due to the "sanctity of contracts" (Pg.92)
        
        District Court Judge's reasoning
        
        Rejected that surrogacy was equivalent to "baby-selling" due to the father's biological relationship to the child, claiming he already had a right to the child and that the payment was for the pregnancy, not the child
        
        Rejected idea that surrogate was not fully informed or was otherwise persuaded
      - Supreme Court's decision: "Ruled that the surrogacy contract was invalid" (Pg. 93)
        
        Supreme Court's reasoning
        
        It was in the best interest of the child to stay with the biological father, but restored parental rights to the surrogate/biological mother
        
        Rejected the contract due to its involuntary nature and compared it to "baby-selling"
        
        Decision to become a surrogate was not fully informed
        
        "This is the sale of a child" (Pg. 94), moral implications of such a contract led court to "suggest that her consent is irrelevant. There are, in a civilized society, some things that money cannot buy" (Pg. 93)
- - - - While you can always choose to work less hours to pay less taxes, libertarians believe you are entitled to all of the money you make. Certain activities don't justify higher tax rates on those with higher income.
    - - Donations to the poor should be a voluntary exchange. Taxes for the poor are equivalent to forcing the wealthy to give to charity, libertarians don't see the justification.
    - - Michael Jordan has his own market value, which was determined by his talent and play. A libertarian would say he is entitled to whatever his market value is, regardless of how much more he makes.
    - - Selling organs is illegal. However, society preaches the importance of "saving lives". Libertarians see a contradiction with laws that ban the market of organs.
        
        If you truly own your body and life, you are entitled to decide if you want to sell your organs or body parts. That decision should not be left to others, especially the government.
    - - Dr. Jack Kevorkian, arrested for administering lethal drugs to ill patients that wanted to die. Most countries have banned assisted suicide.
        
        Instead of the libertarian argument of self-ownership, a libertarian might say we should have compassion and dignity for those who are terminally ill and want to accelerate their death.
    - - Brandes gives consent to Meiwes to kill him and harvest his corpse for the sake of consumption.
        
        Libertarian principles believe that laws against consensual cannibalism are unjust. "We own our bodies and lives...we may do with them what we please." (Pg. 74)
- - - - The division between three claims to the child is present, and does not determine who has a "superior" claim, therefore conflict may arise
- - - - any state does that does more than minimal state obligations is morally unjustified
        
        Three types of laws and policies enacted by modern states but rejected by libertarian
        
        No paternalism- libertarian opposes laws which protect people from harm themselves like seat-belts. They argue that such laws violate personal rights of deciding what risks to assume.
        
        Example: motorcycle helmet laws "even though riding a motorcycle without helmet is reckless, and helmet policies are meant to save lives & prevent injuries, enacting such a law prevent denies one the right of risk to assume. as far as the rider does not involve a third party while driving without a helmet, they should be allowed to take the risk since they will cater for their own medical bill in case of injury." pg. 64
        
        No Moral Legislation -in this case libertarian oppose it using coercive force of law and promote notion of virtue or express moral conviction of the majority.
        
        Example: "prostitution maybe objectionable to majority of people in the society. however, this does not justify laws which prevent consenting adults engaging in it." pg.64
        
        No Redistribution of wealth or income -the libertarian theory of rights against any law that requires some individuals to help others. according to them, re-distributive taxes are form of coercion or even theft.
        
        "The state has no moral right to force affluent taxpayers to support social programs for the poor compared to benevolent thief who steals money from the right and support the poor." Pg. 64
- - - - Utilitarianism reinforces the argument against conception due to minimizing happiness and reduces people's choices. The same reasoning applies to libertarianism. Limiting choices of the people and not allowing a free-market.
    - - This point is arguing against the point of conscription allowing paid substitutes. The argument also offers a simplified solution of using the volunteer army since it maximizes happiness and utility.
  - - - Citizens in lower or middle classes may feel pressured into conscription due to economic necessity. This can be caused because putting your life on the line could create future economic advantages.
        
        The author counters this claim by saying in a libertarian society, "Imagine, for example, a perfectly equal society, in which everyone had access to the same educational opportunities. In such a society, no one could complain that the choice to enlist in the military was less than free, because unfairly pressured by economic necessity." (Chapter 4 , Objection 1: Fairness and freedom)
        
        This claimed became debunked since in a perfect society, there couldn't be social and economical divides as large as today.
  - - - The author argues that there are multiple ways to approach the term civil obligation and duties
        
        "is military service (and perhaps national service generally) a civic obligation that all citizens have a duty to perform, or is it a hard and risky job like others (coal mining, for example, or commercial fishing) that is properly governed by the labor market?" (Chapter 4, Objection 2: civic virtue and the common good).
        
        To find an answer the the objection, the definition of civic obligation needs to be examined in seeing what our duty as citizens must be.
      - The author brings up another question that requires a deeper understanding of what Americans consider the army today. The author says, "That, really, is the difference between the contemporary volunteer army and an army of mercenaries?" (Chapter 4, Objection 2: civic virtue and the common good).
        
        To find an answer to this, there needs more clarification on what the U.S. army is since it has aspects of both private and public organizations.
- - - - Taxation on income is equivalent to working for the government. The government essentially has ownership of you, making taxes feel like forced labor in a libertarian sense.
- - - - "Treating babies and pregnancy as commodities degrades them, or fails to value them properly" (Pg. 96)
      - Debate regarding persons versus things, whereas persons are worthy of respect, objects/things are open to use
    - - Free choice is not possible if we are unduly pressured, by the need for money or other necessities, or if we are not entirely informed