In the selection by Nozick, we examined how to create a
system of third-party judgement that will be fair to all people. Nozick states, “(E)veryone has the right to
defend against procedures that are in fact not, or not known to be, both
reliable and fair.” Nozick makes it clear that the “protective agency” that he
defined earlier in the selection is working, largely on the basis that they are
in the right and others are not. Nozick
clarifies this statement by saying,
If the protective agency deems
the independents’ procedures for enforcing their own rights insufficiently
reliable or fair when applied to its clients, it will prohibit the independents
from such self-help enforcement.
But what
are we supposed to do when the system of justice IS largely unfair to a segment
of our society? What do we make of
strong-arming citizens without cause?
How do we address the systemic injustices in our legal system that the
modern-day movement “Black Lives Matter” has brought to light? Does a fair justice system exist for people of
color?
Nozick makes
concessions for possible abuses, stating that an “unreliable enforcer of
justice” should be punished for causing fear in the general populations. He also provides details of financially
compensating the sufferer of an unfair justice system. He acknowledges that a system where the
justice system unfairly targets citizens, to the point that they will be reluctant
to participate in the society as they would feel victimized by such a society,
which is the claim of “Black Lives Matter.”
It would have been obvious to Nozick that the current legal system is
balanced unfairly against people of color, and that there are many injustices
committed by our system of justice.
So, what
can we do? Nozick suggests that we
punish the members of our justice system who are treating people of color
unfairly, but this is a rather utopian ideal with all of the state sanctioned violence
committed against people of color that is allowed to exist, even with body
cams. Bringing these people to justice
is largely an exercise in futility with all of the unions and friends in higher
places. Maybe Nozick is right that the
citizens need to install their own system of government rather than have an
unfair one passed down the generations.
Maybe it’s time for a complete overhaul of the justice system. It’s a lofty goal, but it is the only
response suggested by the author.
Perhaps we should consider Anarchy.
It can’t be any worse than what we have now.
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Grade: 9/10
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