Problems of Jurisprudence

Name: Problems of Jurisprudence
Availability: InStock
ISBN: 9780674708761

ISBN-10: 0674708768

ISBN-13: 9780674708761

Edition: 1990

Authors: Richard A. Posner

List price: $43.00

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Description:

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…

Book details

List price: $43.00
Copyright year: 1990
Publisher: Harvard University Press
Publication date: 3/15/1993
Binding: Paperback
Pages: 512
Size: 6.00" wide x 9.00" long x 1.25" tall
Weight: 1.496
Language: English

Richard A. 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.



Preface


Introduction: The Birth of Law and The Rise of Jurisprudence


The Origins of Law and Jurisprudence


A Short History of Jurisprudence


A Preview of The Book



The Epistemology of Law



Law As Logic, Rules, and Science The Syllogism and Other Methods of Logic Rules, Standards, and Discretion Scientific Observation



Legal Reasoning As Practical Reasoning What Is Practical Reason?


Authority Reasoning by Analogy a Note on Legal Education



Other Illustrations of Practical Reasoning in Law Interpretation Means-End Rationality Tacit Knowing Submitting to The Test of Time



Legitimacy in Adjudication The Problem of Rational Prejudgment Consensus Policy versus Pedigree As Warrants for Judicial Action How are Judges' Visions Changed? Critical Legal Studies



The Ontology of Law