A Criticism Of Nozick’s State Theory:the Preliminary Exploration On The Principle Of Modern State Theory

Nozick described his national theory,the "minimal state",in Anarchy,State and Utopia.This theory is also a typical representative of the classical liberalism national view,and systematically displays the national ideal of classical liberalism from the generation,function,scope and desirability of the state.Both in terms of the theory of system,integrity,or from the Nozick’s description of the ideal state condition(utopia structure),the minimal state do have very strong inclusiveness and appeal,however,the experience of practice are unable to provide proof for its feasibility.Some scholars deemed that it is the hometown of classical liberalism and the classical economics,the British,through the national power to protect the country’s trade,to promote British manufacturing and shipping to a position which any countries cannot free compete with itself,and then to propagandize willfully to other countries the benefits of free trade and the disadvantages of state intervention.Obviously,in the stage of national development,even the homeland of the "night’s watch" national concept is to use the state power to help itself become the hegemon of sea and "the sun never sets".Visibly,"minimal state" in the development of the society is not one of the most preferences,especially for the developing countries which is in the process of the modernization,as well as profit as much as possible in the international competition,also want to meet the needs of the growing domestic and complex rule,a kind of theory which let a state to keep in range of minimal cannot be used absolutely.From Nozick,the standpoint of the classical liberal individualism stance let him put individual rights in the core position,in order not to let power the biggest threat to the free infringe personal right,had to limited a state to the minimal range meeting the needs of the protection and the referee,besides,to give none reasonable space to power.It can be said that the "minimal state" theory is the most effective national theory to protect individual rights,rather to make power play a better role.From a logical point of view,"minimal state" is by drawing a fixed scope of power to seek the legitimacy of state’s existence,through the rigid scope unable to meet the needs of the rule of the modern state obviously.In search of the modern state theory meeting the needs of modern nations ruled requests us to have a dynamic view of the scope of the power and to give power a certain space,to make the scope elasticity according to the specific situation and the characteristics of the need,on the basis of warranty do not infringe rights,let power can play a more active role in the development of the society.Considering the results of power operation with the concept of "validity",it is the essential element of the flexibility of power operation and the indispensable element in modern state’s theory.At the same time,the perfection and soundness of the rule of law and democracy are necessary to ensure the effectiveness of "validity".Of course,Nozick’s state theory has a lot to learn from it.In a word,through the critique and reference of the theory of the "minimal state",make us know modern state theory should be under the boundary constraint of individual rights,form a complete set with a sound system of the rule of law and democracy,with the concept of "validity" considerations operating range of state power,no longer rigidly restricted to a "range",so that power can play a better role in social progress,and provide a better theoretical support and guidance.