The problematics of moral and legal theory / Richard A. Posner.
1999
KF380 .P675 1999 (Mapit)
Available at General Collection
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Details
Title
The problematics of moral and legal theory / Richard A. Posner.
Author
Posner, Richard A.
ISBN
0674707710 (alk. paper)
9780674707719 (alk. paper)
9780674707719 (alk. paper)
Imprint
Cambridge, Mass. : Belknap Press of Harvard University Press, 1999.
Language
English
Description
x, 320 pages ; 25 cm
Call Number
KF380 .P675 1999
Alternate Call Number
86.03
KA38 POS UkBrU-I
KA38 POS UkBrU-I
Universal Decimal Classification
340.12
17.025.13
340.125
17.025.13
340.125
Dewey Decimal Classification
170
Summary
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 Holmes a century ago.
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 Holmes a century ago.
Note
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 Holmes a century ago.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Problematics of moral and legal theory.
Record Appears in
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Table of Contents
The Wrong Turn
Moral Theory
Introduction: From Moral Realism to Pragmatic Moral Skepticism
Understanding Morality
The Academic Moralist and the Moral Entrepreneur
Professionalism's Cold Grip
Legal Theory, Moral Themes
Jurisprudence and Moral Theory
Moral Theory Applied Directly to Law
Some Famous "Moral" Cases
Constitutional Theory
The Way Out
Professionalism
The Two Professionalisms
The Supersession Thesis
Pragmatism
The Pragmatic Approach to Law
Postmodernism Distinguished
Some Institutional Implications of Legal Pragmatism.
Moral Theory
Introduction: From Moral Realism to Pragmatic Moral Skepticism
Understanding Morality
The Academic Moralist and the Moral Entrepreneur
Professionalism's Cold Grip
Legal Theory, Moral Themes
Jurisprudence and Moral Theory
Moral Theory Applied Directly to Law
Some Famous "Moral" Cases
Constitutional Theory
The Way Out
Professionalism
The Two Professionalisms
The Supersession Thesis
Pragmatism
The Pragmatic Approach to Law
Postmodernism Distinguished
Some Institutional Implications of Legal Pragmatism.