Overcoming law
著者
書誌事項
Overcoming law
Harvard University Press, 1995
- : cloth
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
- 巻冊次
-
: cloth ISBN 9780674649255
内容説明
This text argues that legal theory must become more factual and empirical and less conceptual and polemical. The topics covered include: the structure and behaviour 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 schools of thought as different as social contructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty and Patricia Williams. He engages challenging issues in legal theory that range from the motivations and behaviour 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. The book also contains frank appraisals of controversial topics such as radical feminist and race theories, the behaviour of the German and British judiciaries in wartime and the excesses of social constructionist theories of sexual behaviour.
- 巻冊次
-
: pbk ISBN 9780674649262
内容説明
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.
目次
Preface Introduction Pragmatism, Economics, Liberalism Part One The Profession 1. The Material Basis of Jurisprudence 2. The Triumphs and Travails of Legal Scholarship 3. What Do Judges Maximize? 4. The Profession in Crisis: Germany and Britain Part Two Constitutional Theory 5. Legal Reasoning from the Top Down and from the Bottom Up 6. Have We Constitutional Theory? 7. Legal Positivism without Positive Law 8. What Am I? A Potted Plant? 9. Bork and Beethoven Part Three Variety and Ideology in Legal Theory 10. The First Neoconservative 11. The Left-Wing History of American Legal Thought 12. Pragmatic or Utopian? 13. Hegel and Employment at Will 14. Postmodern Medieval Iceland Part Four Of Gender and Race 15. Ms. Aristotle 16. Biology, Economics, and the Radical Feminist Critique of Sex and Reason 17. Obsessed with Pornography 18. Nuance, Narrative, and Empathy in Critical Race Theory Part Five Philosophical and Economic Perspectives 19. So What Has Pragmatism to Offer Law? 20. Ronald Coase and Methodology 21. The New Institutional Economics Meets Law and Economics 22. What Are Philosophers Good For? Part Six At the Frontier 23. Law and Literature Revisited 24. Rhetoric, Legal Advocacy, and Legal Reasoning 25. The Legal Protection of the Face We Present to the World 26. Economics and the Social Construction of Homosexuality Credits Index
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