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.

Giving Nozick a taste of his own medicine

Originally posted on prior probability:
Nozick valiantly tries (alas, without success) to solve the stubborn problems of blackmail and criminal threats in the last subsection of Chapter 4 (pp. 84-87) of Anarchy, State, and Utopia. How? By drawing a distinction…

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Nozick on reciprocal risks

Originally posted on prior probability:
In our previous post, we saw Nozick’s “limited compensation rule” for risk-producing activities: in a state of nature, such activities should be allowed, but compensation must be paid if the risk materializes and a third…

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Nozick on risk and natural rights

Originally posted on prior probability:
Nozick identifies a “serious problem” (his words, not ours) for the natural rights tradition in the eighth subsection of Chapter 4 (pp. 73-78): the problem of risk. (Hey, what about “uncertainty” as opposed to risk?)…

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A transaction cost view of moral boundary crossings

Originally posted on prior probability:
Up to now, Nozick has been grappling with the following question: Why not permit all boundary crossings provided compensation is paid? Nozick, however, switches gears and addresses the opposite question in the seventh subsection of…

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Nozick’s fear argument

Originally posted on prior probability:
For most of Chapter 4, Nozick has been wondering why all wrongful acts are not allowed so long as compensation is paid. Here, in the sixth subsection of this chapter (pp. 65-71), Nozick presents (to…

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Bargaining without property rights?

Originally posted on prior probability:
The fifth subsection of Chapter 4 (pp. 63-65) returns to the first of Nozick’s two theoretical questions (p. 63): “why not allow any boundary crossings provided full compensation is paid?” (Nozick will revisit his second…

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Nozick on theories of punishment

Originally posted on prior probability:
We are now ready to resume our review of Anarchy, State, and Utopia. The fourth subsection of Chapter 4 (pp. 59-63) contains an extended digression into retributive and deterrence theories of punishment. Nozick takes a…

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Digression: Nozick’s relevance to legal theory

Originally posted on prior probability:
Before we press on with our review of Nozick’s masterpiece Anarchy, State, and Utopia (ASU), we want to say a few words on why Nozick is worth reading and why we are so excited about…

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How to enforce moral borders: compensation or prohibition?

Originally posted on prior probability:
The third subsection of Chapter 4 of Anarchy, State, and Utopia (pp. 58-59) narrows down and reformulates the problem of enforcing moral boundaries in terms of two hard questions (p. 59): (i) why not allow…

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TikTok Tuesday: Vibe Check

I am interrupting my Nozick series to share this fun TikTok:

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