Category Archives: Law

Necessity: a third view

Posted on September 6, 2016 by F. E. Guerra-Pujol

Note: this is the fourth of five posts on the doctrine of necessity. In our previous posts (9/1, 9/4, and 9/5), we referred to the work of legal scholar Giorgio Agamben (in particular, his beautiful book State of Exception), and … Continue reading →

Posted in Ethics, Law, Philosophy | 2 Comments

Necessity as a source of law

Posted on September 5, 2016 by F. E. Guerra-Pujol

Note: this is the third of five posts on the law and morality of necessity. My wife and I have been watching season 2 of Narcos on Netflix this Labor Day weekend. Narcos revolves mostly around Pablo Escobar, a notorious … Continue reading →

Posted in Ethics, Law, Philosophy | 4 Comments

Necessity as an ex post exception

Posted on September 4, 2016 by F. E. Guerra-Pujol

Note: this is the second in a series of five posts on the common law doctrine of necessity. In our previous post (9/1), we presented three general theories of the legal doctrine of necessity. Here, we consider the first of … Continue reading →

Posted in Ethics, Law, Philosophy, Uncategorized | 1 Comment

Three theories of necessity (Post 1 of 5)

Posted on September 1, 2016 by F. E. Guerra-Pujol

In our previous post, we compared and contrasted the standard version of the Trolley Problem with Lon Fuller’s “Case of Speluncean Explorers.” Another possible commonality between both hypotheticals is the legal theory of necessity. Since both cases involve thought experiments that present … Continue reading →

Posted in Ethics, Law, Uncategorized | 1 Comment

The Law of the Trolley Problem

Posted on August 31, 2016 by F. E. Guerra-Pujol

We recently rediscovered and reread Lon Fuller’s classic “Case of the Speluncean Explorers” (via Peter Suber), and in the process of writing up our own response to Fuller, we noticed a possible parallel between this hypothetical case and the famous … Continue reading →

Posted in Ethics, Law, Philosophy | 6 Comments

Lon Fuller’s Speluncean Explorers

Posted on August 29, 2016 by F. E. Guerra-Pujol

In our previous post, we mentioned Peter Suber’s beautiful book on Lon Fuller’s fictional “Case of the Speluncean Explorers.” By way of background, this hypothetical case occurs in the year 4300 A.D. in the Commonwealth of Newgarth. The relevant facts … Continue reading →

Posted in Ethics, Law, Philosophy, Probability, Uncategorized | 1 Comment

In praise of Peter Suber

Posted on August 28, 2016 by F. E. Guerra-Pujol

We first discovered the work of Peter Suber, formerly a legal philosopher at Earlham College and now a senior researcher at Harvard’s Berkman Klein Center for Internet & Society, sometime in 2011 or 2012, while we researching and writing up our … Continue reading →

Posted in Law, Uncategorized | 2 Comments

Visualization of the argument for free trade/open borders

Posted on August 23, 2016 by F. E. Guerra-Pujol

 

Posted in Economics, Law | 6 Comments

Facebook 101

Posted on August 22, 2016 by F. E. Guerra-Pujol

This fall, we are teaching a large undergraduate survey course (n > 800) on “the legal and ethical environment of business.” Instead of trying to cover everything, we will focus instead on the founding and subsequent explosive growth of Facebook–as … Continue reading →

Posted in Ethics, Law, Uncategorized | 1 Comment

Additional critique of Baude and Sachs

Posted on August 12, 2016 by F. E. Guerra-Pujol

We mentioned previously that our colleagues Will Baude (University of Chicago) and Stephen Sachs (Duke University) posted to SSRN a fascinating paper titled “The Law of Interpretation” to be published in the Harvard Law Review early next year. In their … Continue reading →

Posted in Law, Logical Fallacies | Leave a comment