Author Archives: F. E. Guerra-Pujol

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About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.

Malloy’s Adam Smith enigma

Alternative Title: Review of Chapter 11 of Law and the Invisible Hand After Chapter 6, my second-favorite chapter in Robin Paul Malloy’s Law and the Invisible Hand is Chapter 11 (the next-to-last chapter), which is titled “Adam Smith in American … Continue reading

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Happy Djibouti Independence Day?

Djibouti, a small country nestled between Eritrea and Somalia on the horn of Africa, was granted independence from France on this day (June 27, 1977). I wonder, however, if the people of Djibouti would have been better off if their … Continue reading

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Adam Smith’s blind spot?

Alternative Title: Review of Chapter 10 of Law and the Invisible Hand Nine chapters down (1-9); three to go (10-12). Among other things, the antepenultimate chapter (Ch. 10) of Robin Paul Malloy’s Law and the Invisible Hand identifies an enormous … Continue reading

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Adam Smith’s impartial spectator: equity, efficiency, or justice?

Alternative Title: Review of Chapter 9 of Law and the Invisible Hand If you are a legal theory geek like myself, then Chapter 9 of Robin Paul Malloy’s Law and the Invisible Hand is a really fun chapter to read. … Continue reading

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A more “Smithian” theory of justice: refocusing the gaze of Adam Smith’s impartial spectator

Alternative title: Review of Chapters 6-8 of Law and the Invisible Hand Chapters 6, 7, and 8, the three most important chapters of Law and the Invisible Hand, should be read as a whole. Briefly, although these chapters, especially Ch. … Continue reading

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Is stare decisis dead?

Originally posted on prior probability:
SCOTUS overruled another venerable precedent this week. (Will Roe v. Wade be the next to go?) The case is South Dakota v. Wayfair, Inc., a decision we hope is quickly overruled by Congress. Due to…

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“Adam Smith’s theory of justice”: conjectures and refutations

Alternative title: Review of Chapter 5 of Law and the Invisible Hand Chapter 5 of Law and the Invisible Hand is the most speculative chapter in Robin Paul Malloy’s new book–and also the most original and creative one. In summary, … Continue reading

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Markets, metaphors, and morality (part 3)

Robin Paul Malloy identifies and describes “three pillars of civil society” (p. 5) in Chapter 4 of Law and the Invisible Hand, three key concepts that appear in various parts of the work of Adam Smith: utility, authority, and justice. … Continue reading

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Metaphors, markets, and morality (part 2): some questions about Adam Smith’s impartial spectator

Before I proceed with my review of the remaining chapters of Robin Paul Malloy’s Law and the Invisible Hand (Chs. 4-12), I want to pose a few additional questions about Adam Smith’s impartial spectator, one of the most compelling and … Continue reading

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Metaphors, markets, and morality: review of Chapter 3 of Law and the Invisible Hand

Robin Paul Malloy makes two key moves in Chapter 3 of his new book Law and the Invisible Hand. First, he describes three of the most memorable, compelling, and complex metaphors in the writings of Adam Smith: the invisible hand, … Continue reading

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