Problems of Jurisprudence PDF ↠ Problems of ePUB

Problems of Jurisprudence PDF ↠ Problems of ePUB


Problems of Jurisprudence [Download] ➵ Problems of Jurisprudence By Richard A. Posner – Centrumpowypadkowe.co.uk 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 doctrin 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, Problems of ePUB Ò the philosophy of law has been dominated by two rival doctrines One contends that law is 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 valuesExamining 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 millThe 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.

    Kindle Welcome to the Kindle ereader store contends that law is 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 valuesExamining 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 millThe 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."/>
  • Paperback
  • 512 pages
  • Problems of Jurisprudence
  • Richard A. Posner
  • English
  • 21 August 2017
  • 0674708768

About the Author: Richard A. Posner

Richard Posner is Senior Lecturer in Law at the University of Chicago Law School Following his graduation from Harvard Law School, Judge Posner clerked for Justice Problems of ePUB Ò William J Brennan Jr From to , he was assistant to Commissioner Philip Elman of the Federal Trade Commission For the next two years he was assistant to the solicitor general of the United States Prior to going to Stanford Law School in as Associate Professor, Judge Posner served as general counsel of the President s Task Force on Communications Policy He first came to the Law School in , and was Lee and Brena Freeman Professor of Law prior to his appointment in as a judge of the US Court of Appeals for the Seventh Circuit, where he presided until his retirement on September , He was the chief judge of the court from to Judge Posner has written a number of books, including Economic Analysis of Law th ed , The Economics of Justice , Law and Literature rd ed , The Problems of Jurisprudence , Cardozo A Study in Reputation , The Essential Holmes , Sex and Reason , Overcoming Law , The Federal Courts Challenge and Reform , Law and Legal Theory in England and America , The Problematics of Moral and Legal Theory , Antitrust Law d ed , Law, Pragmatism, and Democracy , Catastrophe Risk and Response , Preventing Surprise Attacks Intelligence Reform in the Wake of , How Judges Think , and A Failure of Capitalism The Crisis of and the Descent into Depression , as well as books on the Clinton impeachment and Bush v Gore, and many articles in legal and economic journals and book reviews in the popular press He has taught administrative law, antitrust, economic analysis of law, history of legal thought, conflict of laws, regulated industries, law and literature, the legislative process, family law, primitive law, torts, civil procedure, evidence, health law and economics, law and science, and jurisprudence He was the founding editor of the Journal of Legal Studies and with Orley Ashenfelter the American Law and Economics Review He is an Honorary Bencher of the Inner Temple and a corresponding fellow of the British Academy, and he was the President of the American Law and Economics Association from to and the honorary President of the Bentham Club of University College, London, for He has received a number of awards, including the Thomas Jefferson Memorial Foundation Award in Law from the University of Virginia in , the Marshall Wythe Medallion from the College of William and Mary in , the Research Award from the Fellows of the American Bar Foundation, also in the John Sherman Award from the US Department of Justice, the Learned Hand Medal for Exellence in Federal Jurisprudence from the Federal bar Council in , and, also in , the Thomas C Schelling Award from the John F Kennedy School of Government at Harvard University.



10 thoughts on “Problems of Jurisprudence

  1. Hayden Smith Hayden Smith says:

    Posner s best, hands down Comprehensive, bracing, confessional.

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