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Author: Richard A. Posner Publisher: Harvard University Press ISBN: 9780674708761 Category : Law Languages : en Pages : 524
Book Description
In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 9780674708761 Category : Law Languages : en Pages : 524
Book Description
In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 0674255488 Category : Law Languages : en Pages : 524
Book Description
In this book, one of our country’s most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer’s craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigone to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner’s stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 9780674649255 Category : Law Languages : en Pages : 612
Book Description
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.
Author: Kent Greenawalt Publisher: Oxford University Press ISBN: 0195356926 Category : Philosophy Languages : en Pages : 301
Book Description
In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.
Author: Nigel E. Simmonds Publisher: ISBN: 9780421741201 Category : Droit - Philosophie Languages : en Pages : 316
Book Description
This second edition has been revised to provide additional coherence to the themes examined and introduces sections on topical issues, for example the chapter on Utilitarianism now includes a discussion on law and economics.
Author: Dennis Michael Patterson Publisher: Oxford University Press, USA ISBN: 0195132475 Category : Filosofía del derecho Languages : en Pages : 202
Book Description
Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 9780674013605 Category : Business & Economics Languages : en Pages : 474
Book Description
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Author: Roger Cotterrell Publisher: Oxford University Press, USA ISBN: 9780406930552 Category : Law Languages : en Pages : 324
Book Description
This text explores what jurisprudence is about, what it seeks to do and how. The book considers how the conclusions of jurisprudence can be brought to bear on everyday problems of legal practice and major social, moral or political issues.
Author: Richard A. Posner
Author: Richard A. Posner
Author: Richard A. Posner
Author: Richard A. Posner
Author: Kent Greenawalt
Author: Nigel E. Simmonds
Author: Dennis Michael Patterson
Author: Richard A. Posner
Author: John Delaney
Author: Roger Cotterrell
Author: Lon Luvois Fuller