Nozick’s state of nature

I am reblogging part 3 of my in-depth review of Robert Nozick’s “Anarchy, State, and Utopia” (see below). Here, Nozick joins a conversation that began centuries ago with Thomas Hobbes, John Locke, and Jean Jacques Rousseau, a conversation centered around “the state of nature” — a world without states or governments, a world without politics. But is a world without politics possible? For my part, what I find most troubling about this conversation is that most of the discussants, beginning with Hobbes, Locke, and Rousseau, rarely talk about the role of kinship rules in the state of nature. Yes, there are no states in the state of nature, but there are families, kin groups, and elders!

Nozick is no exception in this regard. Instead of taking an anthropological approach to the state of nature, Nozick conjures up a hypothetical fantasy world that has probably never existed anywhere at any time. But as I explain below, there might indeed be a kind of method to Nozick’s methodological madness. In fact, when I read Nozick for the first time, one of the things that I ended up liking most about “Anarchy, State, and Utopia” is all the thought-experiments and imaginary scenarios that Nozick conjures up on page after page of his book. Perhaps thought-experiments are no substitute for empirical reality, but if I have to choose, I prefer a creative philosophical thought-experiment, one whose assumptions are few and openly stated up front, a million times over a complex and convoluted “empirical” paper full of contested and often hidden assumptions and impenetrable statistical jargon.

F. E. Guerra-Pujol's avatarprior probability

Chapter 1 of Nozick’s classic work “Anarchy, State, and Utopia poses the following “what if” thought experiment: What if we lived in a state of nature, in a world in which there were no actual states or governments? This hypothetical first-order inquiry, in turn, raises a methodological second-order question: Why does Nozick himself begin his book with such an abstract, theoretical query?

Nozick provides two reasons for his second-order query. First: because the choice between the state and anarchy is the most fundamental question of political philosophy. And second: because Nozick wants to explain how a state or government could in theory arise in conditions of anarchy. The key words here are “in theory”, for Nozick readily admits that it doesn’t matter to him how the first states or governments really arose. What matters, according to Nozick, is not whether a particular explanation of the state is true or…

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My last 12 Shazams

We will jump into Chapter 1 of “Anarchy, State, and Utopia” in the next day or two; in the meantime, below are screenshots of my most recent “Shazams”:

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Nozick’s minimal state

I am reblogging part 2 (see below) of my in-depth review of Robert Nozick’s “Anarchy, State, and Utopia.” Among other things, the post below explores the problem of coercion and asks, when is collective coercion against an individual ever justified? (John Stuart Mill, for example, famously argued that coercion is only justified to prevent harm, but how should we define the concept of “harm”?) Also, looking back on my original post from four years ago, I would pose several additional questions to my fellow readers of Nozick. Specifically, how should we define such key terms as “fraud” and “theft” and “contract”? (Under our Anglo-American common law tradition, for example, not all promises are legally-enforceable and not all acts of deceit are “torts” or civil wrongs.) Also, however those key terms are defined, the moral or legal “badness” of fraud or theft implies that people have a right to private property and a right to “truth”, so to speak–i.e. a right not to be lied to. But why is telling a lie wrong, i.e. a violation of one’s rights? More fundamentally, doesn’t my right to private property in X, by definition, deprive you of the right to X, especially if you haven’t consented to this arrangement? These are some of the questions that Nozick will have to answer as we proceed …

F. E. Guerra-Pujol's avatarprior probability

Nozick’s preface sets forth his main conclusion: only a “minimal state”–i.e. a collective “limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts, and so on”–is consistent with the principle of individual rights. Nozick further concludes that a collective may not use coercion to promote distributive justice (reduction of income inequality) without violating individual rights, and he also tells us that he arrived at these libertarian conclusions “with reluctance.” Be that as it may, these conclusions raise a new set of difficult (and perhaps unanswerable) questions. At what point, for example, does a state stop being “minimal”, and further, what rights do people have? Yet, as we mentioned in our previous post, Nozick’s makes no attempt (so far) to identify what these sacrosanct individual rights consist of. By all accounts, it looks like Nozick is against coercion and that respect for individual rights must entail…

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Review of Anarchy, State, and Utopia (part 1)

Back in the fall of 2017 and extending off-and-on into the summer of 2018, I wrote up and posted to this blog a page-by-page, chapter-by-chapter review of Robert Nozick’s work “Anarchy, State, and Utopia,” one of the all-time most influential books of political philosophy–and deservedly so! In honor of Nozick’s birthday (16 November 1938), and to commemorate the upcoming 20th anniversary of his death (23 January 2002), I will be re-posting in the days and weeks ahead my in-depth review of Nozick’s classic work. Here is a revised version of Part 1 of my 2017/18 review, “Nozick’s Premise“:

Nozick’s preface in “Anarchy, State, and Utopia” begins with this famous sentence: “Individuals have rights and there are things no person or group may do to them (without violating their rights).” This Kantian premise is an attractive and appealing one, but is Nozick’s opening gambit simply a sophisticated case of circular reasoning or question begging? At a minimum, Nozick will have to answer the following questions: (1) What do these rights consist of? (2) What remedies are we entitled to when our rights are violated? (3) Who decides when our rights have been violated? (4) Why are violations of our rights, however such rights are defined or enforced, wrong? And (5) are there any exceptions to Nozick’s premise; i.e. when, if ever, can we violate someone else’s rights? In short, Nozick has a lot of explaining to do!

I will further explore Nozick’s thought-provoking preface in my next post …

John Rawls and Robert Nozick could not agree more the fundamentals of  liberalism | Utopia, you are standing in it!
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Twitter Tuesday: taxonomy of date-time formats

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What’s wrong with SSRN’s citation metrics?

According to Google Scholar, two of my papers have been cited 10 times by other scholars (my 2014 paper “Goedel’s Loophole” and my 2010 paper “A Game-Theoretic Analysis of the Puerto Rico Status Debate“; see screenshot immediately below this paragraph), but according to SSRN (a popular platform scholars use to post ungated versions of their work), those same two papers have only been cited twice (see the other two screenshots on the bottom of this post). I love SSRN, but what is the source of this discrepancy?

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Tiger King updates

You may have already heard that Netflix will be releasing Season 2 of “Tiger King” on November 17, 2021. (See here, for example.)

In related news, my July 2020 law review article, “Teaching Tiger King“, was recently published in final form in Volume 65 of the Saint Louis University Law Journal. (Shout out to Michael McMahon, the managing editor of the special teaching issue in which my paper was published, for his helpful comments, suggestions, and edits.) You’re welcome!

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Savannah Sunday

I attended my fifth and final scholarly conference of the fall semester: two via Zoom (the Central States Law School Association and LatCrit); one in the hybrid format, which I attended in person (the International Adam Smith Society in Madison, Wisconsin); and most recently, two in person (the Florida Statewide Undergraduate Research Symposium in Gainesville, Florida and the Southeastern Academy of Legal Studies in Business or “SEALSB” in Savannah, Georgia). Below are some pictures from my time in Savannah this weekend during the SEALSB conference:

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LEGO Punctured Torus

You can find many more mathematical LEGO sculptures here.

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Chegg Conspiracy Update

The first I ever heard about Chegg was in the spring of 2021, when I discovered that some students were posting the answers to my quiz questions on the Chegg platform — quiz questions that I had created myself, by the way. At that time, Chegg was a $12 billion company, and Chegg’s stock was trading at over $100 per share.

Instead of punishing my students, however, I decided to go after Chegg itself and its corrupt management team. I filed a complaint with the Federal Trade Commission (FTC), and I wrote a paper called “The Chegg Conspiracy” explaining why Chegg’s officers should be criminally prosecuted for wire fraud. As it happens, I will be presenting my paper this weekend at the annual meeting of the Southeastern Academy of Legal Studies in Savannah, Georgia (#SEALSB2021). But this update doesn’t have to do with my paper; instead, it’s about Chegg itself.

When I first posted the original draft of my Chegg paper to SSRN on August 25, 2021, Chegg’s stock price had gone down to $80. A few weeks later (September 13, 2021), a major multinational publishing company called Pearson initiated a copyright infringement lawsuit against Chegg in the U.S. District Court for the District of New Jersey, and since then, Chegg’s shares have steadily declined in value. But on November 1st of this year, Chegg’s stock price took a dramatic plunge — it went from $62 to $32 in a single day!

So, what happened on Nov. 1st? That was the day Chegg released its quarterly financial report. (See here for a summary.). Among other things, Chegg announced that its paid subscribers fell to 4.4 million, an unexpected decline from 4.86 million in the previous quarter and a small fraction of the almost 20 million college and university students overall. (See here, for example.) Is this the beginning of the end for Chegg? Let’s hope so …

You googled answers and paid for chegg didn't you? - Spongebob Face | Meme  Generator

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