The Relativity of Injury

In: Philosophy & public affairs, Band 7, Heft 1, S. 60-73

Abstract

The argument of R. Nozick (Anarchy, State, and Utopia, New York: Basic Books, 1975) that only a state limited to protection against coercion is justifiable, is flawed by Nozick's failure to articulate the substantive laws which the state may enforce. In fact, it is not valid to legitimatize the state by its enforcement of law; rather, law is legitimized by being created by the state, when the state is legitimate. The state's role cannot be limited to remedying acknowledged injuries, but must include determining what is, & what is not an injury. A state which has such powers of discretion cannot be limited in that sense; what is central to legitimacy, rather, is putting control in the proper hands. The people must play a role in deciding what the state's powers will be. The proper procedure is to derive from the state's legitimacy the brakes on its power which must exist for it to remain legitimate. W. H. Stoddard.