Front Page Titles (by Subject) Natural Rights and Anarchism - Literature of Liberty, October/December 1978, vol. 1, No. 4
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Natural Rights and Anarchism - Leonard P. Liggio, Literature of Liberty, October/December 1978, vol. 1, No. 4 
Literature of Liberty: A Review of Contemporary Liberal Thought was published first by the Cato Institute (1978-1979) and later by the Institute for Humane Studies (1980-1982) under the editorial direction of Leonard P. Liggio.
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Natural Rights and Anarchism
“Taking Anarchism Seriously.” Philosophy of Social Science (Canada), 8 (1978): 137–152.
Has Robert Nozick's Lockean or natural rights defense of the minimal state in Anarchy, State, and Utopia (1974) defeated the anarchist's natural rights objections to the state? Not if we invoke Nozick's own analysis. It is clear from Nozick that the anarchist's fears and arguments against the risk of a monopoly government usurping individual rights hold with equal force against Nozick's own minimal state.
Neither utilitarian nor John Rawls's contractarian justifications of the state answer the anarchist's challenge.
As Rawls rejects utilitarianism for permitting slavery so long as there is a net benefit, the natural-rights theorist rejects Rawls's contractarianism for permitting slavery so long as everyone benefits. Natural rights require the additional constraint that each individual consent rather than merely benefit (and hence hypothetically consent).
Indeed, both of these approaches tend to avoid the moral problem, whereas Nozick's natural rights approach aims to meet it directly.
The anarchist challenges the moral legitimacy of the state. The state, as distinct from a private hired defense agency, claims both (1) monopolistic right to forbid unauthorized uses of force and (2) the dubious right to charge some for the protection of others. The anarchist believes that any claims to a monopoly of enforcement and taxing “rights” contradict the property rights of sovereign individuals.
Nozick does not meet this anarchist challenge because he does not defend property rights. Where he does invoke property rights he does so in a way that suggests he must logically accept the anarchist's concerns. Various complications with Nozick's theory of property rights, his view of community, and his conception of the Lockean proviso lead to an embarrassing conclusion. Despite a highly innovative effort, Nozick has not shown the compatibility of natural rights with monopoly government. Nozick's own natural rights theory should force him to take the anarchist case even more seriously.