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Libertarianism and Market Critique, Robert_Nozick_1977_Libertarian_Review…
Libertarianism and Market Critique
Key Beliefs of Libertarianism
Individual Freedom
Every Individual has a fundamental right to liberty
Liberty is the right to do whatever someone wants with the things they own as long as they respect other peoples rights to do so as well.
Libertarians are defined by their belief of individual liberties.
Limiting Government
Unrestricted Markets and No Government Regulations
"Libertarians favor unfettered markets and oppose government regulation, not in the name of economic efficiency but in the name of human freedom." (Sandel 59)
Limiting the government for the Libertarians isn't about anything else but for the sake of giving all people freedom.
Market Critique:
Surrogacy Contracts
Degradation & higher goods
Purchasing/selling babies and women's reproductive capacities are associated with being immoral and are considered commodities
Commercial surrogacy is considered to be immoral because all of the parties involved are humans, regardless of age, gender, etc. are worthy of respect
"It uses them as instruments of profit rather than cherishes them as persons worthy of love and care." (Sandel, 77)
Involuntary agreements/ tainted consent
Women may be willing to become a surrogate purely out of pressure or lack of information
Under most circumstances, the primary pressurizing factor is the need for money. Any kind of pressure does not equate to free will
Many of these women may desire to grow their own families however they are unable to afford a new addition
When a surrogate signs a contract they may underestimate how bonded they will be to the child they will bear, therefore making an uninformed decision
Baby M Case
Mary Beth Whitehead signs a contract with William Stern and agrees to bear his child and give up her maternal rights in exchange for financial compensation.
After the birth of baby Melissa, Mary Beth has a change of emotions and decides to run away with the baby. Then the controversial battle over the legal rights of baby M begins. This is because Mary Beth is the biological mother since she provided both the egg and the womb.
The higher court deemed that the surrogacy contract was invalid. Although the judge ruled that Mary Beth would be restored her maternal rights, the custody of baby M would be awarded to William Stern.
Nowadays, newer methods for surrogacy, such as IVF, are used in order to reduce both emotional confusion and the freedom of parenting rights. However, this does not completely abolish the moral quandary.
Free-Market Philosophy
Robert Nozick
Nozick believes that because individuals have rights that are "so strong and far-reaching" that he concludes that "only a minimal state, limited to enforcing contracts and protecting people against force, theft, and fraud, is justified." (p.47)
Taxing the rich to help the poor coerces the rich. By doing this, it violates their right to do what they want with the things they own.
Rejects patterned theories of justice and instead believes in justice that honors the choices people make in free markets. Nozick argues that "distributive justice depends on two requirements---justice in initial holdings and justice in transfer." (p.49)
Justice in Initial Holdings
Are the resources you used to make your money legitimately yours?
If yes, you are entitled to what you have and the state cannot take it without your consent
Justice in Transfer
Did you make your money either through "free exchanges in the marketplace or from gifts voluntarily bestowed upon you by others" (p.48)
Michael Jordan's Money
Those who want to see Michael Jordan play will deposit $5 in a box for every ticket. After the basketball season, Jordan makes $31 million which is far more than any of his team members.
Nozick finds two problems with patterned theories of distributive justice in this scenario
Liberty upsets patterns. "Anyone who believes that economic inequality is unjust will have to intervene in the free market, repeatedly and continuously, to undo the effects of the choices people make." (p.49)
Intervening in this way (taxing Jordan) to force him to support programs that help the disadvantage, "violates Jordan's rights by taking his earnings. It forces him, in effect, to make a charitable contribution against his will." (p.49)
Market and Morals
Drafting vs. Volunteer Soldiers
Drafting
When drafted into war, people were allowed other alternatives to avoid going into war. People could hired substitutes in order to replace them. They would offer a generous $1,500 through ads on newspapers to find people willing to be drafted. Also known as Conscription.
The idea of conscription may seem unfair or similar to slavery since people with the ability to pay are the ones that get to hire substitutes, demonstrating more of the privilege behind the concept and discriminating against lower class people who don't get the opportunity to get substitutes.
Conscription was more commonly used for the first two world wars and substitutes got paid directly.
Libertarians would go against conscription
There was an additional option where draftees could pay the government $300 to escape serving in the war. Though the commutation fee was a more difficult price for the average worker, Congress eventually ended the commutation fee after a year, but the ability to hire a substitute was still available.
Volunteer
Based on the labor market, volunteers for the war gave people the option to join willingly and "...agree to do so in exchange for money and other benefits" (pg 78). Even though they're volunteers, they still get paid and are considered employees not just doing the act without any compensation.
American's would lean more towards the volunteer army
The method of hiring may be controversial because of the fact that volunteers may be deployed to other countries to serve yet we, as taxpayers, must still contribute payments to help with their travels and fights.
From a libertarian point of view, the volunteer army is best of all options as there is mutually agreeing parties where there is more freedom in decision-making.
