Abstract

Notwithstanding its long history, libertarianism became intellectually respectable within academe with the publication of Robert Nozick's Anarchy, State, and Utopia. More or less starting with the claim that, "Individuals have rights, and there are things no person or group may do to them," Nozick's book attempts to argue that a minimal state "limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts, and so on" is morally justifiable, and that a more extensive state violates the rights of individuals and is thus morally stained. Respectability, however, did not forestall criticism, and Anarchy, State, and Utopia was attacked from all fronts. Philosophically, perhaps the most damaging critique came from Thomas Nagel, for he argued that Nozick had erected "Libertarianism without Foundations." Libertarianism as Nozick crafts it is without foundations because he provides little by way of justification for the strong theory of rights that drives this political philosophy and, as such, drives the minimalist conception of state and conception of free markets that constitute it.