divergent paths the academy and the judiciary

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Divergent Paths

Author : Richard A. Posner
ISBN : 9780674915619
Genre : Law
File Size : 80. 51 MB
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Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Reflections On Judging

Author : Richard A. Posner
ISBN : 9780674184640
Genre : Law
File Size : 60. 25 MB
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For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

Divergent Paths

Author : Richard A. Posner
ISBN : 9780674286030
Genre : Law
File Size : 89. 16 MB
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Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

The Problems Of Jurisprudence

Author : Richard A. Posner
ISBN : 0674708768
Genre : Law
File Size : 55. 20 MB
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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 Antigonc 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.

Public Intellectuals

Author : Richard A. POSNER
ISBN : 9780674042278
Genre : Current Events
File Size : 36. 5 MB
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In this timely book, the first comprehensive study of the modern American public intellectual--that individual who speaks to the public on issues of political or ideological moment--Richard Posner charts the decline of a venerable institution that included worthies from Socrates to John Dewey. Leveling a balanced attack on liberal and conservative pundits alike, he describes the styles and genres, constraints and incentives, of the activity of public intellectuals and offers modest proposals for improving the quality of public discussion in America today. This paperback edition contains a new preface and and a new epilogue.

How Judges Think

Author : Richard A. Posner
ISBN : 9780674033832
Genre : Law
File Size : 40. 27 MB
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A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Beating Hearts

Author : Sherry Colb
ISBN : 9780231540957
Genre : Nature
File Size : 86. 63 MB
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How can someone who condemns hunting, animal farming, and animal experimentation also favor legal abortion, the deliberate destruction of a human fetus? The authors of Beating Hearts aim to reconcile this apparent conflict and examine the surprisingly similar strategic and tactical questions faced by activists in the pro-life and animal-rights movements. Beating Hearts maintains that sentience, or the ability to have subjective experiences, grounds a being’s entitlement to moral concern. The authors argue that nearly all human exploitation of animals is unjustified. Early abortions do not contradict the sentience principle because they precede fetal sentience, and Beating Hearts explains why the mere potential for sentience does not create moral entitlements. Late abortions do raise serious moral questions, which the authors explore by comparing the plight of women forbidden from having abortions to the plight of laying hens and dairy cows exploited for their reproductive products. These ethical explorations lead to a wider discussion of the strategies deployed by the pro-life and animal-rights movements. Should legal reforms precede or follow attitudinal changes? Do gory images win over or alienate supporters? Is violence ever principled? By probing the connections between debates about abortion and animal rights, Beating Hearts uses each highly contested set of questions to shed light on the other.

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