¶ … rights exist and where they come from can provide a useful approach to thinking about justice. To this end, this paper provides a review of the relevant literature concerning how rights relate to Nozick's entitlement theory of just distribution and how Nozick uses the Wilt Chamberlain example to argue for his preferred view. In addition, a discussion concerning the question of society and natural rights by considering Rawls' focus on the original position and fairness is followed by an analysis of the applicability of Rawl's "veil of ignorance" to decision making. Finally, an examination of the possible implications of these two different approaches to justice and economic distribution for a real-world water case study is followed by a summary of the research and important findings concerning these issues in the conclusion.
Review and Discussion
What may have been regarded as just distribution at one point in time may be viewed far differently later when all of the facts are known or the situation changes in substantive ways. In this regard, Richman (2011) advises that, "Nozick opted for an 'entitlement theory of justice in distribution,' which poses a historical test: 'whether a distribution is just depends upon how it came about'" (p. 23). Although resources are by definition scarce and finite, Nozick's entitlement theory of just distribution suggests that some people are entitled to more because they are capable of paying for it based on their own individual initiative and abilities. For instance, according to Aalberg (2003), "Nozick's theory of distribution according to entitlement stresses that if someone is willing to pay a huge amount of money for the transfer of a certain good, that individual is entitled to that reward, and the distribution is just" (p. 29).
In support of this assertion, Aalberg cites Nozick's observation that, "From each according to what he chooses to do, to each according to what he makes for himself (perhaps with the contracted aid of others) and what others choose to do for him and choose to give him" (1993, p. 161). Moreover, Nozick maintains that if the transfer is legal, the holdings are just (Aalberg, 2003). Subsumed in Nozick's principle of merit, equity or entitlement is the principle of contribution according to the respective ability of the individuals that are involved. Indeed, Aalberg emphasizes that, "Nozick would agree that if someone is more able than others, they deserve to be rewarded for this" (2003, p. 29) and this is certainly the case with the example of Wilt Chamberlain used by Nozick.
Like the Beatles, Donovan, Cat Stevens and other rock stars from the 1960s, it is reasonable to suggest that some young people today may not even know who Wilt Chamberlain, the 7-foot-1 inch center for the Philadelphia Warriors was, but no one could argue that he lacked the abilities to excel in sports. For example, on March 2, 1962, "Wilt the Stilt" scored an unprecedented 100 points (28 free throws and 36 field goals) in a one-sided win (169-147) over the New York Knicks (Ten most dramatics moments, 1999). Indeed, to date, this record-breaking accomplishment remains unmatched and Chamberlain still holds a number of other NBA records as well, including league records for average points per game (50., most points in a regular season and career rebounds (23,924) (Ten most dramatic moments, 1999).
Taken together, it is clear that Wilt was worth his salt and Richman (2011) agrees. According to Richman (2011), "If Wilt Chamberlain is entitled to a bigger income than his fellow human beings when it results from voluntary exchange, it must follow that others are too" (p. 24). According to Johnson (2013), Nozick used the Wilt Chamberlain example to demonstrate that a so-called "patterned" theory of just distribution was not defensible. In this regard, Johnson points out that, "Any distribution which results from free exchanges between persons entitled to their holdings must be just. But free exchanges will always disrupt any favored patterned of distribution" (2013, para. 2). Just as the invisible hand will direct more money towards those things that people want and need the most, Wilt Chamberlain was able to attract more money than his counterparts because of his abilities. For Philadelphia fans, this distribution would certainly seem appropriate and fair while New York Knick fans might believe otherwise, but the fact remains that "The Stilt" could deliver the goods and was legitimately entitled to whatever he could earn with his athletic abilities. As Johnson notes, "If we have legitimately acquired something, we can dispose of it as we see fit, whatever pattern of distribution results. Some will flourish,...
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