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.

Nozick and Rawls: round 3

We have re-imagined Nozick’s extended review of Rawls in the second part of Chapter 7 of ASU as an intellectual bout involving a series of rounds. We scored Round 1 for Rawls and Round 2 a draw. What about round … Continue reading

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Nozick v. Rawls: round 2

Thus far, Nozick has considered two possible extremes: an individualistic or Hobbesian society in which persons do not cooperate with each other (no cooperation), and a Rousseauian or Panglossian society in which everyone cooperates for the greater good (general cooperation). … Continue reading

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Rawls versus Nozick: round 1

Nozick begins Section 2 of Chapter 7 by presenting John Rawls’s influential theory of distributive justice. (If you are not familiar with Rawls’s work or need a refresher, check out this summary here, via Larry Solum’s Legal Theory Blog.) By … Continue reading

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Overview of Section 2 of Chapter 7 of ASU

Let’s pick up where we left off: Section 2 of Chapter 7 of Anarchy, State, and Utopia (ASU), which contains nine separate subsections as follows: Rawls’ Theory (p. 183) Social Cooperation (pp. 183-189) Terms of Cooperation and the Difference Principle … Continue reading

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Nozick Update

We reviewed every section of the first seven chapters (up to page 182) in Robert Nozick’s book Anarchy, State, and Utopia during the winter break. (Here is a compilation of our previous posts on Nozick.) We will begin reviewing the rest of … Continue reading

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Hans Kelsen’s critique of natural law

We’ve been reading the third edition of Introduction to Legal Theory (1979) by John D. Finch. (This little tome is pictured below, left.) At one point, Professor Finch sums up Hans Kelsen’s critique of natural law thus (emphasis added by … Continue reading

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Europe 12, South America 9

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Review of Finding Law (part 3)

We have been commenting on Professor Stephen Sachs’s scholarly paper “Finding Law.” In brief, we agree with Sachs that law does not have to written down to be “law.” But as we explained in our previous post, we disagree with … Continue reading

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Breaking the Law (Bastille Day Edition)

On this day in 1789 residents of Paris stormed La Bastille, a fortress-prison on the eastern edge of the city, thus precipitating the French Revolution and forever changing the course of history.

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Review of Finding Law (part 2)

We began our review of Stephen A. Sachs’s paper “Finding Law” in our previous post. In brief, Professor Sach’s argues that “positive law” or man-made law is not the only source of law, for some laws are unwritten, much like … Continue reading

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