ABSTRACT

Robert Nozick’s Anarchy, State and Utopia provides a philosophical justifi cation for the minimal state whose sole legitimate functions include protection of life and property and redress for violations of rights. His work is widely assumed to provide a robust philosophical foundation for neoliberal thinking about the functions of the state. This chapter will examine whether or not Nozick’s assumptions do really restrict the state to policing, external defence, and civil and criminal justice as Nozick himself supposes, or whether it has a far more extensive role, even on some of his own assumptions. The case will be made in terms of the possible and disputed functions of the state in terms of health and environmental protection and enhancement, initially using Nozickean assumptions. The inadequacy of these assumptions will then be pointed out, showing how we are justifi ed in assuming the state to have a wider role still in the promotion of health and the environment. Sustainability requires that the environment not be just improved but made available for future use in at least as good a condition as we leave it. Nozick’s treatment of this issue is inadequate.