Description
Book SynopsisHere one of America’s most distinguished scholar-judges shares with us his vision of the law. 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.
Trade ReviewRichard Posner is one of the nation’s most influential thinkers… He spearheaded the law and economics movement that has, in the eyes of many, revolutionized the entire legal enterprise… The bulk of his book consists of close analyses…and crucial discussions…all of which are bolstered by an impressive array of references to the rich literature of contemporary law, philosophy, science and jurisprudence. -- Calvin Woodward * New York Times Book Review *
As one reads through this remarkable book, Posner’s vision of law slowly builds to a climax that…is awesome… [He] tackles all the basic problems of legal thought and of moral and political philosophy since the time of Plato and Aristotle [and] enables us to see the richly textured fabric of our legal system in a more coherent manner than has anyone else. -- Stephen B. Presser * Chicago Tribune *
[Posner’s] book will challenge everyone. All sides will likely draw upon the work, even as they differ with it and among themselves… [It is an] extraordinarily wide-ranging, intellectually stimulating book. -- Robert A. Katzmann * Christian Science Monitor *
In short, sophisticated legal types should certainly read Posner to learn that he now argues for ‘pragmatic jurisprudence’ and ‘reasonable’ answers in law against absolute ‘right answers’… Layman should read Posner for a more vital reason. Because a nation supposedly ruled by law, not men, should be literate enough in jurisprudence to tell the difference. -- Carlin Romano * Philadelphia Inquirer *
It’s hard to be in the presence of Richard Posner, or his writings, without learning. He says, in his book, many wise things about the ways of judges, and I am persuaded that, in his commentary on judges and their handling of several important issues in our polities, he has it, cannily, right… If Posner could be elevated, by magic, to the Supreme Court, without the hazards of the confirmation process, that institution would no doubt become a more interesting, charged place. -- Hadley Arkes * Public Interest *
Table of ContentsPreface Introduction: The Birth of Law and the Rise of Jurisprudence The Origins of Law and Jurisprudence A Short History of Jurisprudence A Preview of the Book PART I. THE EPISTEMOLOGY OF LAW 1. Law as Logic, Rules, and Science The Syllogism and Other Methods of Logic Rules, Standards, and Discretion Scientific Observation 2. Legal Reasoning as Practical Reasoning What Is Practical Reason? Authority Reasoning by Analogy A Note on Legal Education 3. Other Illustrations of Practical Reasoning in Law Interpretation Means-End Rationality Tacit Knowing Submitting to the Test of Time 4. Legitimacy in Adjudication The Problem of Rational Prejudgment Consensus Policy versus Pedigree as Warrants for Judicial Action How Are Judges' Visions Changed? Critical Legal Studies PART II. THE ONTOLOGY OF LAW 5.
