The Problematics of Moral and Legal Theory
Editorial Reviews
Review
Richard Rorty, Stanford University, author of Achieving Our Country (Harvard) : Richard Posner's trenchant criticism of the Kantian assumptions of most contemporary moral philosophy is very refreshing, and much needed. His distinction between "moral entrepreneurs" and "academic moral philosophers" is particularly helpful.
Sanford Levinson, University of Texas at Austin Law School : 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 ascertaining the meaning of law. These chapters, as well as his attack on the contemporary vogue of "constitutional theory," will surely occasion the greatest controversy, but Posner also has important--and debatable--things to say about the legal profession and its future.
Neil Duxbury, Faculty of Law, University of Manchester : The breadth and depth of Posner's scholarship is formidable, and his analyses are always provocative. This book is a highly welcome contribution to contemporary jurisprudential debate.
Book Description
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.
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 studies--and a hopeful prospect for its future.
The Problematics of Moral and Legal Theory
The Problematics of Moral and Legal Theory,Richard A. Posner,Belknap Press,0674007999,Ethics & Moral Philosophy,General,Jurisprudence,Law,Philosophy,Jurisprudence & philosophy of law,Law / General
English Books:
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