%0 Journal Article
%T 'Triune' Protection and its Implications for the Minimal State
%A Jinglei Hu
%J Libertarian Papers
%D 2009
%I Ludwig von Mises Institute
%X Characterizing the libertarian ideal, Robert Nozick¡¯s Minimal State has been a classic model wherein individual rights are taken for granted, from which state power is derivative, and legitimate only if it protects and reinforces individual rights. However, the ¡°protection¡± is not so limited as it appears to be and the feedback from the state to individuals is not always positive. A microscopic analysis of the ¡°protection¡± proffered by minimal state reveals three constituents (retribution, preemption and prevention or preventive restraints), with ¡°preventive restraints¡± being the most controversial and extensive, and conflicting with the rights as ¡°side-constraints¡±. By rejecting ¡°utilitarianism of rights¡±, Nozick sets out to optimally secure rights, yet in so doing, he could hardly reconcile the clash between ¡°constraints¡± and ¡°restraints¡±, the inviolable rights supposed to be protected and the protective measures supposed to limit rights
%K libertarianism
%K robert nozick
%U http://libertarianpapers.org/2009/21-hu-jinglei-triune-protection-minimal-state/