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The American West And Nozick’S Theory Of Entitlements, Kaitlyn E. Price

The Purdue Historian

Customary law emphasizing the protection of private property rights rather than the authoritative assertion of the law characterized expansion into the American West from 1848-1895. The subsequent legal systems developed in a minarchistic manner that aligned with Robert Nozick’s “theory of entitlements,” leading to the adoption of a “night-watchman state.” This theory asserts that a society built upon customary law that focuses on the protection of individual rights will undoubtedly develop a protective body to safeguard these rights in pursuit of the third principle, the “rectification of justice.” Thus, the chaotic and often disorganized way the West’s extralegal and formal …