The Problematics of Moral and Legal Theory

They are wrong, contends Richard Posner in this book.

The Problematics of Moral and Legal Theory

The Problematics of Moral and Legal Theory

Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

More Books:

The Problematics of Moral and Legal Theory
Language: nl
Pages: 336
Authors: Richard A. Posner
Categories: Law
Type: BOOK - Published: 2009-06 - Publisher: Harvard University Press

Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the
Elements of Moral Cognition
Language: en
Pages: 406
Authors: John Mikhail
Categories: Language Arts & Disciplines
Type: BOOK - Published: 2011-06-13 - Publisher: Cambridge University Press

John Mikhail explores whether moral psychology is usefully modelled on aspects of Universal Grammar.
Constitutional Interpretation
Language: en
Pages: 201
Authors: Sotirios A. Barber, James E. Fleming
Categories: Law
Type: BOOK - Published: 2007-06-27 - Publisher: Oxford University Press on Demand

Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism,
Law, Pragmatism, and Democracy
Language: en
Pages: 416
Authors: Richard A. Posner
Categories: Law
Type: BOOK - Published: 2005-10-31 - Publisher: Harvard University Press

Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than
Tax Cheating
Language: en
Pages: 290
Authors: Donald Morris
Categories: Business & Economics
Type: BOOK - Published: 2012-05-30 - Publisher: SUNY Press

An examination of the ethical issues surrounding tax cheating and implications for public policy.

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