Libertarianism and the Law of Contracts
In this chapter, I concentrate in Robert Nozick’s libertarian theory of justice and its account of contract law. Nozick is right in pointing out that people want to have resources to use them in whatever way they want. Furthermore, the insight that a distribution of resources may change without giving rise to distributive injustices is very strong. My point in this chapter will be that libertarians go wrong in thinking that they have a monopoly on these ideas. Nozick claims that what he calls patterned theories of distributive justice are necessarily upset by the exercise of freedom. The chapter shows that Nozick’s argument actually does not work against dynamic theories of distributive justice such as Rawls’.