Does the minimal state respect the rule of law? Nozick against Locke

Abstract

The formal requirements of the rule of law embody some of the most cherished principles of liberalism, namely: equality before the law, security in the enjoyment of individual rights, and predictability in the application of sanctions. The establishment of the state in Locke’s political thought precisely aims to achieve these ends. In line with his theory, this article seeks to show the necessity of setting up a public authority to fulfill the formal requirements of the rule of law and to argue that Nozick’s libertarian conception of a minimal state is incapable of satisfying them.