リバタリアニズム国家論についての一考察

【ロバート・ノージックの政治哲学を手掛かりに】

抄録

  The purpose of this paper is to supplement libertarian state theory through investigating the structure of the state theory of Robert Nozick(1938-2002). Nozick proves legitimacy of the minimal state not using social contract theory but using natural rights theory in his primary book Anarchy, State, and Utopia (1974). And yet, libertarianism that “denies coercion” that violates personal freedoms is compatible with contract theory that makes just norms and institutions formed by “agreement among individuals”. In fact, investigating Nozick's state theory, we can identify the idea of contract theory in it. In this paper, I supplement Nozick's state theory by uniting natural rights libertarianism with contract theory, and consider the contemporary significance of extending libertarian state theory in this way.

  Nozick argues that a state existing itself is not always unjust by demonstrating that a (minimal) state “could” arise without violating individual rights from a state of nature. In his argument, Nozick dismisses the concept of social contract or joint agreement. But he proves legitimacy of political domination by a state using contract theory, because individuals indicate agreement to each transition itself to the minimal state from the state of nature. Moreover, the minimal state is the framework common to various communities of which inhabitants can move to any other community freely, and institutions and rules of the communities within the state are made as these members like. That is, communities in the minimal state are exactly formed on the basis of the idea of contract theory. Therefore, it is possible to interpret Nozick's libertarian state theory and contract theory compatibly.

  In particular, regarding contract theory as a method of normative analysis like contemporary contractarians, we can even find practical solutions toward problems related to the state and community. This is typically found in the problem of legitimacy of taxation to administer the state and community. As far as taxation is concerned, libertarianism seems to be in conflict with contract theory. However, regarding contract theory as normative analysis, libertarianism is never in conflict with contract theory, and significantly, services provided to individuals by the state and community come to correspond with benefits individuals receive from them. Furthermore, focusing attention on the relation between the state and the community in Nozick's state theory, we can also regard the minimal state as “the world” and communities as “states”. From this perspective, we can understand that the minimal state shapes not only the framework of one state but also the framework of the world. In that sense, Nozick's minimal state theory has relatively high comprehensiveness.