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# Read * The Problematics of Moral and Legal Theory by Richard A. Posner ✓ eBook or Kindle ePUB. The Problematics of Moral and Legal Theory Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystificationan 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 nostalgiathe true professi
| Title | : | The Problematics of Moral and Legal Theory |
| Author | : | |
| Rating | : | 4.18 (735 Votes) |
| Asin | : | 0674007999 |
| Format Type | : | paperback |
| Number of Pages | : | 336 Pages |
| Publish Date | : | 2016-08-22 |
| Language | : | English |
Kevin Currie-Knight said Holmes Reincarnate!. Supreme Court Justice and legal pragmatist Oliver Wendell Holmes wrote: "I always say the chief end of man is to form general propositions - adding that no general proposition is worth a damn." He also wrote: "Do not be bullied out of your common sense by the specialist; two to one, he is a pedant." Put these two quotes together and they describe Richard Posner's "Problematics of Moral and Legal Theory" perfectly!Simply put, Federal Judge Richard Posner has a HUGE bone to pick with moral philosoph. Posner at his best In almost 20 years as America's most influential non-Supreme Court judge since Learned Hand, Richard Posner has made great use of his astounding intellectual repertoire to bring insights from other disciplines (most notably, economics) to bear on the law. In this work, Posner takes aim at the "academic moralists" whose theoretical works have, in his opinion, not only contributed little of use to the legal profession, but also stunted its growth. The root of Posner's disdain for such moral theorizi. An intelligent and illuminating book, if too long In The Problematics of Moral and Legal Theory, Judge Richard Posner asks a critical question: can moral philosophy ever help the practice of law? Posner answers this question with a resounding no.Take a simple example. Suppose that a robber is shot dead at the scene of the crime and, the shooter is charged with murder. Should he be convicted? A pacifist might say yes, since killing is always wrong. Others would say no, since he acted in self defense (killing is not always wrong). Others would say
. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School. Richard A
(J. Highest recommendation for all collections. His distinction between "moral entrepreneurs" and "academic moral philosophers" is particularly helpful. (Ira L. Once acquired, moral beliefs and commitments can only be changed through "appeals to self-interest and emotional appeals that bypass our rational calculating faculty"As usual with Posner, the writing is clear, the footnotes abundant and highly informative, and the index excellent. (Richard Rorty, Stanford University, author of Achieving Our Country (Harvard))More than ever,Richard Posner lays claim to the mantle of Oliver Wendell Holmes, not only in catholicity of interests, but also, in this instance, because Posner's thoroughgoing, no-holds-barred attack on moral philosophy is reminiscent of Holmes's own acerbic views regarding the potential contribution of moral theorizing to ascertain
Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystificationan 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 nostalgiathe 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 studiesand a hopeful prospect for its future.. They are wrong, contends Richard Posner in this book. 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
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