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Inverse View
It is not the case that It is unsurprising that there should be some agents who have the right to mete out punishment.
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Forfeiture of a right establishes that punishment is permissible, but not that any particular agent holds the correlative power to impose it.
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2.
The right to punish requires positive institutional authorization, not merely the absence of a victim's protected claim against harm.
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Reason for 2 of 2
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1.
Nozick's framework shows that even legitimate rights-enforcement requires procedural reliability, excluding biased or fallible private enforcers.
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2.
If punishment rights derive from forfeiture alone, vigilante punishment by private parties would be equally justified, which is a reductio of the position.
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Reasons Against
1 perspective
Reason against
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1.
Retributive desert presupposes forfeiture of the right not to be punished.
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2.
Retributive desert concerns rights, not merely what would be a good outcome.
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