Author Archives: F. E. Guerra-Pujol

In our previous post, we reformulated James Madison’s broad definition of “faction” and restated the litany of dangers that such factions pose to the rule of law. Here, we will diagnose the main causes of “this dangerous vice.” Simply put, … Continue reading →

As promised, we shall now begin our review of Federalist #10, one of the many erudite essays James Madison penned in 1787 and 1788 in support of the Constitution during the tumultous ratification process. Madison devotes essay ten to the … Continue reading →

Thus begins James Madison’s essay Federalist Paper No. 10, and thus begins my extended detour into factions, law, and politics. This classic essay is addressed to the people of New York because it was first published on 23 November 1787 … Continue reading →

Professor Finnis concludes Chapter XI of NLNR by asking (and I paraphrase), What is the ultimate source of our invariant obligation to obey the law? That is, what is the source of legal duties? Is it God’s will? The legislator’s … Continue reading →

Otro triste 20 de mayo. (Another melancholic 20th of May.) Today would have been Cuban Independence Day had JFK not botched the Bay of Pigs invasion. When will our beloved Cuba be free? In the meantime, let’s pick up where … Continue reading →

In our previous post, we explored Finnis’s formulation of legal and moral duties. For Finnis, laws generate two distinct types of duties: legal obligations and moral ones. But what is the content of these duties, and what is their ultimate … Continue reading →

Professor Finnis compares and contrasts two major types of “obligation” in subsections three and four of NLNR: moral duties, such as the general moral duty to keep one’s promises, and legal duties, such as the general legal duty to perform … Continue reading →

Professor Finnis addresses some fascinating questions in subsection two of Chapter XI. Specifically, what is a promise, and why is a promise morally binding? To his credit, Prof Finnis correctly notes that the practice of making promises can take many … Continue reading →

We now proceed to Chapter XI of “Natural Law and Natural Rights.” This chapter is titled “Obligation” and contains nine subsections. Since I like to emphasize duties and responsibilities instead of rights, and since this is my favorite chapter of … Continue reading →

We shall now review Chapter X of “Natural Law and Natural Rights.” Among other things, Professor Finnis explores the relation between law and coercion (pp. 260-264), identifies the main features of a legal order (pp. 266-270), and presents a “multi-faceted” … Continue reading →