Very few scholars discuss the moral basis of the right of persons accused of crimes to be supplied with attorneys if they cannot afford them. More discussion of the topic is needed, in particular because political theorists who prefer a minimal state deny that indigent persons have such a moral right. This article addresses their contentions by developing three arguments for supplying poor persons accused of crimes with defense attorneys. First, doing so will prevent state officials from (...) becoming emboldened in their dealings with the poor, such that they might come to pose a threat to the non-poor. Second, poor persons who believe that the state does not treat them fairly will have reduced incentives to abide by the law, which will, in turn, increase the cost of the minimal state. Third, the better off should show solidarity with the poor in demanding that the minimal state honor all citizens’ rights to life, liberty, and property. Crucial to these arguments is the claim that a right of indigent defense is unlike other welfare rights in that securing it protects other basic moral rights that minimal statists acknowledge. (shrink)

SummaryThis article deals with laissez faire arguments as distinguishable in Europe between the final decades of the nineteenth century and 1914. The focus is on Herbert Spencer and the British ‘Individualists’, the Italian Vilfredo Pareto, and the Frenchman Paul Leroy-Beaulieu. Analysis concentrates on the relationship between laissez faire formulations and democracy, the latter amounting to the impact of the extension of the franchise on representative government. All the mentioned authors blamed the mechanisms of democratic government for the contemporary growth in (...) state functions. While Spencer focused on the threat of a new class legislation after the demise of aristocratic power, Pareto and Leroy-Beaulieu viewed the pressure of lobbies and parties as the chief cause of the extension of state interventions. This article also aims to detect similarities and differences with more recent formulations. It is argued that Friedrich Hayek's achievement was to reconcile, against earlier perspectives, laissez faire with democracy. The reconciliation rested on a conceptualisation of democracy as a valuable method or procedure, onto which no values should be grafted. (shrink)

Robert Nozick and Eric Mack have tried to show that a minimal state could be just. A minimal state, they claim, could help to protect people’s moral rights without violating moral rights itself. In this article, I will discuss two challenges for defenders of a minimal state. The first challenge is to show that the just minimal state does not violate moral rights when taxing people and when maintaining a monopoly on the (...) use of force. I argue that this challenge can be met. The second challenge is to show that the just min-imal state has political authority including, most importantly, the moral power to im-pose duties on citizens. I argue that both Nozick and Mack lack the resources to meet that challenge, and that political authority cannot be deflated. This is an important prob-lem because a lack of political authority also undermines a state’s justness. (shrink)

: Critics of Nozick have claimed that his formulation of the Lockean proviso is too permissive to serve as a morally plausible constraint on resource acquisition. In this essay, I advance a new critique of Nozick’s entitlement theory. In particular, I argue that even on his own permissive formulation of the Lockean proviso, he faces ….

Walter Block discusses publications by Robert Nozick, the unjustifiably ignored Michael Levin, and Ayn Rand, each of whom has criticized anarcho-capitalism, the system that takes laissez-faire capitalism to its logical extension: here, all goods and services, particularly including courts, police, and armies would be provided by competing private firms and individuals. This paper considers their arguments and rejects them.

This article challenges the traditional argument for the state that holds that because the market is unable to supply the rule-making, adjudicative, and enforcement services that are essential to life in society, the state must, and hence is morally justified. The author argues that the market's inability to supply these basic services proves only that the state must ensure that they are supplied, not that it must supply them itself. This implies that the traditional concept of the (...) minimal state as one that supplies only these basic services is flawed. The `remedial state' (one that regulates the private provision of these services) is actually the minimal state. Key Words: anarchy • libertarianism • minimal state • political obligation • protective agency • public goods. (shrink)

If communitarian political philosophers such as Michael Sandel are right about the importance of genuine community commitment, then it is the liberal minimal state, rather than the more expansive state implied both by communitarianism and by Rawlsian welfare liberalism, that should be preferred. It is contended that Sandel's antiliberal arguments, while inadequate as a criticism of Rawls's particular formulation of liberalism, nonetheless contain an important challenge to rights‐based political theories generally. However, by considering the various senses in (...) which individual rights can be said to draw lines between persons, it is shown how the classical liberal might meet Sandel's challenge. (shrink)

If communitarian political philosophers such as Michael Sandel are right about the importance of genuine community commitment, then it is the liberal minimal state, rather than the more expansive state implied both by communitarianism and by Rawlsian welfare liberalism, that should be preferred. It is contended that Sandel's antiliberal arguments, while inadequate as a criticism of Rawls's particular formulation of liberalism, nonetheless contain an important challenge to rights‐based political theories generally. However, by considering the various senses in (...) which individual rights can be said to draw lines between persons, it is shown how the classical liberal might meet Sandel's challenge. (shrink)

In the first half of the 1970s, two books appeared which have subsequently been regarded as major works in political philosophy: John Rawls's A Theory of Justice, and Robert Nozick's Anarchy, State, and Utopia. Economists have devoted a considerable amount of ink to commentary, pro and con, on A Theory of Justice; and it is getting to be a rare public finance textbook that does not, in its discussion of governmental redistribution, describe the Kantian contract made behind the veil (...) of ignorance. On the other hand, while Nozick has not exactly been ignored, economists have not joined the debate over Anarchy, State, and Utopia with the same gusto. When economists have joined the debate, their concern has been, more often than not, with Nozick's entitlement theory of distributive justice, as is the case with Varian and Sen. What is largely missing, then, is any economic analysis of the processes that give rise to Nozick's morally legitimate state, which he calls the minimal state, and the characteristics and likely activities of the minimal state within the moral boundaries set by Nozick, his assertions to the contrary notwithstanding. (shrink)

Michael Levin challenges the methodological soundness of Robert Nozick’s argument for the minimal state, but supports his final result: The exclusive aims of the state must be the “protection against force, theft, fraud, [and the] enforcement of contracts”. To replace Nozick’s, Levin builds a Hobbesian defense of the minimal state. He claims that the hypothetical rational choice of the less extensive bargain by the individuals in the state of nature morally justifies a minimal, (...) but no other state. I analyze and seek to improve upon this Hobbesian defense of the minimal state. While Levin’s arguments can support the claim that any justified state has to be at least as extensive as the ultraminimal state, they also provide ground, contrary to his intention, upon which to build more extensive states. (shrink)

In Anarchy, State, and Utopia, Robert Nozick seeks to demonstrate that principles of justice in acquisition and transfer can be applied to justify the minimal state, and no state greater than the minimal state. That approach fails to acknowledge the critical role that forced exchanges play in overcoming a range of public goods and coordination problems. These ends are accomplished by taking property for which the owner is compensated in cash or in kind in (...) an amount that leaves him better off (by his own lights) than before the transaction. Forced exchanges use coercion to form the state, but the just compensation requirement guards against redistribution state imposed redistribution for collateral purposes. Once these forced exchanges are allowed to form a state, then they may be used thereafter to justify the powers of taxation and eminent domain used to support infrastructure (roads, sewers, public utilities) that neither the minimal state nor private markets can supply. Footnotesa I have benefited from comments at the workshop at the Social Sciences Division of the California Institute of Technology. My thanks to Justin Herring and Eric Murphy, The University of Chicago Law School, for their usual capable research assistance. (shrink)

In the paper I discuss the theory developed by Douglas D. Rasmussen and Douglas J. Den Uyl, who try to find new grounds for defending rights. Drawing upon Aristotle and his virtue ethics, they do not, however, employ the Aristotelian point of view, but present the neo-Aristotelian approach. They claim that rights should be conceived of not as normative but as metanormative principles. Rasmussen and Den Uyl argue that the fundamental right to liberty should be protected by the state. (...) The only role of the state is to be limited to the protection of right to liberty and in turn to the protection of self-directness. The authors defend the right to liberty on moral grounds. It seems, however, that the minimal state approach and moralistic defense of self-directness cannot be combined. (shrink)

The idea of equality exerts considerable influence on our moral imaginations, yet it has remained philosophically elusive. Although men and women have thought equality worth dying for, philosophers have been largely unable to give any systematic account of its importance as a moral ideal, or of its function in moral and political theory.

Robert Nozick has attempted to demonstrate that a state can emerge from anarchy which will be legitimate, in that it acquires power in morally permissible (i.e., non rights violating) ways. Its monopoly on force and apparent redistribution of holdings are, according to Nozick, justified by the steps required to prevent risky behavior by the dominant agency. These steps, I argue, contravene Nozick's own entitlement principles and so, his dominant agency is not warranted in taking them. This leaves Nozick "stranded" (...) within his own state of nature, the dominant agency unable to legitimately transform itself into a night watchman state. (shrink)

: Accusations of infeasibility or utopianism are common in debates over libertarian institutions, but exactly what we mean when we say an idea is “utopian” or “infeasible” is often left unspecified. After reviewing recent philosophical work attempting to clarify the concept of “feasibility,” I consider how the concept has been deployed in the debate among libertarians […].

The concept of futility is sometimes regarded as a cloak for medical paternalism in that it rolls together medical and value judgments. Often, despite attempts to disambiguate the concept, that is true and it can be applied in such a way as to marginalize the real interests of a patient. I suggest we replace it with a conceptual toolkit that includes physiological futility, substantial benefit (SB), and the risk of unacceptable badness (RUB) in that these concepts allow us to articulate (...) what is at stake in ethical judgments where outcomes are crucial in determining what should be done. (shrink)

Recent progress in neurosciences has improved our understanding of chronic disorders of consciousness. One example of this advancement is the emergence of the new diagnostic category of minimally conscious state (MCS). The central characteristic of MCS is impaired consciousness. Though the phenomenon now referred to as MCS pre-existed its inclusion in diagnostic classifications, the current medical ethical concepts mainly apply to patients with normal consciousness and to non-conscious patients. Accordingly, how we morally should stand with persons in minimally conscious (...) state remains unclear. In this paper, I examine whether the notion of human dignity could provide us with guidance with the moral difficulties MCS gives rise to. More precisely, I focus on the question of whether we are justified in holding that persons in minimally conscious state possess human dignity. (shrink)

Abstract In a recent issue of Neuroethics , I considered whether the notion of human dignity could help us in solving the moral problems the advent of the diagnostic category of minimally conscious state (MCS) has brought forth. I argued that there is no adequate account of what justifies bestowing all MCS patients with the special worth referred to as human dignity. Therefore, I concluded, unless that difficulty can be solved we should resort to other values than human dignity (...) in addressing the moral problems MCS poses. In his new book Christopher Kaczor criticizes the argument I put forward. Below, I respond to Kaczor’s criticism. I maintain that the considerations he presents do not undermine my argument nor succeed in providing adequate justification for the view that all MCS patients possess the worth referred to as human dignity. Content Type Journal Article Category Original Paper Pages 1-11 DOI 10.1007/s12152-011-9147-z Authors Jukka Varelius, Department of Behavioural Sciences and Philosophy, University of Turku, Turku, 20014 Finland Journal Neuroethics Online ISSN 1874-5504 Print ISSN 1874-5490. (shrink)

The similarities between the concept of cosmopolitanism and the concept of the world-state are, in some regards, fairly intuitive. At the very least, the theme of universalism is often seen as common to both. The precise form of a universalized ethical or political order, however, is not expressly conceptually determined by either cosmopolitanism or the world-state; both are susceptible to pluralist interpretations. Further, we cannot assume that an ethical concern will either motivate the creation of, or become a (...) central policy issue to, a world-state, in the way that a concern for moral universalism—sometimes referred to as ‘moral minimalism’—is inseparable from the cosmopolitan project more generally. Nor does cosmopolitanism have a necessary political component in the manner in which the world-state does. Nevertheless, we may assume that any form of global government should have some minimal degree of responsibility and concern for the welfare of all world-citizens. This paper considers Michael Walzer’s analysis of moral minimalism, and posits that this concept could form a common normativebasis for both moral cosmopolitanism and the reform of existing institutions of global governance, as well as having possible applications for the drafting of just policies for a potential world-state. (shrink)

We consider measurements, described by a positive-operator-valued measure (POVM), whose outcome probabilities determine an arbitrary pure state of a D-dimensional quantum system. We call such a measurement a pure-state informationally complete (PS I-complete) POVM. We show that a measurement with 2D−1 outcomes cannot be PS I-complete, and then we construct a POVM with 2D outcomes that suffices, thus showing that a minimal PS I-complete POVM has 2D outcomes. We also consider PS I-complete POVMs that have only rank-one (...) POVM elements and construct an example with 3D−2 outcomes, which is a generalization of the tetrahedral measurement for a qubit. The question of the minimal number of elements in a rank-one PS I-complete POVM is left open. (shrink)

This short comment on the Court of Protection decision in W v M draws attention to the primacy the judge gave to the preservation of life and discusses the relative lack of weight accorded to M's previously expressed views.

In a recent issue of Neuroethics, I considered whether the notion of human dignity could help us in solving the moral problems the advent of the diagnostic category of minimally conscious state (MCS) has brought forth. I argued that there is no adequate account of what justifies bestowing all MCS patients with the special worth referred to as human dignity. Therefore, I concluded, unless that difficulty can be solved we should resort to other values than human dignity in addressing (...) the moral problems MCS poses. In his new book Christopher Kaczor criticizes the argument I put forward. Below, I respond to Kaczor’s criticism. I maintain that the considerations he presents do not undermine my argument nor succeed in providing adequate justification for the view that all MCS patients possess the worth referred to as human dignity. (shrink)

Armstrong appeals to the existence of totalities in order to solve the problem of negative truths. The totality of first-order states of affairs is a truthmaker for all negative truths, but it involves things which are irrelevant to many such truths. To solve this problem, Armstrong claimed that negative truths have minimal truthmakers which usually consist in totalities smaller than the totality of first-order states of affairs. Merricks objects to this claim by arguing that given Armstrong’s definition of (...) class='Hi'>minimal truthmakers, the totality of first-order states of affairs is a minimal truthmaker for every negative truth. In this article, I respond to Merricks’s objection. I will first show that the definition of minimal truthmakers that he proposes is not plausible. However, Merricks’s objection, I will argue, also works on the standard definition of minimal truthmakers. I will then show that for independent reasons, the standard definition should be revised, and, given my revised definition, Merricks’s objection fails. (shrink)

Patients in a Minimally Conscious State (MCS) constitute a subgroup of awareness impaired patients who show minimal signs of awareness as opposed to patients in a Vegetative State who do not exhibit any such signs. While the empirical literature is rich in studies investigating either overt or covert signs of awareness in such patients the question of self-awareness has only scarcely been addressed. Even in the occasion where self-awareness is concerned, it is only higher-order or reflective self-awareness (...) that is the target of such investigations. In the first part of this paper, I briefly review the relevant clinical neuroscience literature to demonstrate that the conception of self-awareness at play in such studies is indeed that of reflective self-awareness. In the second part, I present the philosophical notion of pre-reflective (or minimal) self-awareness. This is shown to primarily refer to the implicit awareness of our embodied subjectivity which essentially permeates all our experiences. As discussed, this minimal self-awareness is not specifically addressed when clinically or experimentally assessing patients in MCS. My suggestion is that neuroimaging studies targeting minimal self-awareness as in First-Person Perspective-taking paradigms could be used with MCS patients to shed light on the question of whether those individuals are minimally self-aware even in the case where they lack self-reflective abilities. Empirical evidence of this kind could have important theoretical implications for the discussion about the notion of self-awareness but also potential medical and social/legal implications for awareness impaired patients’ management. (shrink)

Neurostimulation to restore cognitive and physical functions is an innovative and promising technique for treating patients with severe brain injury that has resulted in a minimally conscious state (MCS). The technique may involve electrical stimulation of the central thalamus, which has extensive projections to the cerebral cortex. Yet it is unclear whether an improvement in neurological functions would result in a net benefit for these patients. Quality-of-life measurements would be necessary to determine whether any benefit of neurostimulation outweighed any (...) harm in their response to different degrees of cognitive and physical disability. These measures could also indicate whether the technique could be ethically justified and whether surrogates could give proxy consent to its use on brain-injured patients. (shrink)