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

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 between positive-sum, value-producing “productive exchanges” … Continue reading

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Nozick on reciprocal risks

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 party is injured by the … Continue reading

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Nozick on risk and natural rights

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?) From a moral perspective, how … Continue reading

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A transaction cost view of moral boundary crossings

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 this chapter (pp. 71-73): Why … Continue reading

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Nozick’s fear argument

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 his mind) his strongest argument … Continue reading

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Bargaining without property rights?

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 question, “why not prohibit?”, later … Continue reading

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Nozick on theories of punishment

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 probabilistic approach to punishment (pp. … Continue reading

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Further Nozickian Puzzles

Time out! We need to attend to some other time-consuming (and time-sensitive) matters this weekend, so before we proceed with our review of Chapter 4 of Anarchy, State, and Utopia, we wish to pose some additional questions regarding Nozick’s major … Continue reading

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Time out from our extended review of Anarchy, State, and Utopia

Below is a small sample of everyday objects arranged into beautiful patterns. You can check out the rest of artist Adam Hillman’s work here (hat tip: kottke.)

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Digression: Nozick’s relevance to legal theory

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 Nozick’s ideas, especially Chapter 4 … Continue reading

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