Abstract
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 judicial authorities enforced the law was a function of this theory. This explains the distrust of Federal authority, the general acceptance of women’s suffrage, disputes over slavery, and the proliferation of “mob law.” However, customary law also resulted in racism, wrongful convictions, and corruption. This paper will explore how Western extralegal and formal judicial institutions fit Nozick’s theory as well as explore the implications of this style of law enforcement on the economic beliefs, social environment, and relations with the Federal government. This paper utilizes both primary and secondary sources, with the primary sources arising mainly from narrative accounts, legislation, and court records. Scholarly journal articles comprise the majority of the secondary sources used.
Recommended Citation
Price, Kaitlyn E.. "The American West and Nozick’s Theory of Entitlements." The Purdue Historian 11, 1 (2023). https://docs.lib.purdue.edu/puhistorian/vol11/iss1/3