1,734,830 research outputs found
Posner, Economics and the Law: from Law and Economics to an Economic Analysis of Law.
Full text linkThe purpose of this article is to discuss Posner's economic analysis of law and to analyse the differences between his economic analysis of law and law and economics. We propose and demonstrate a twofold original argument. First, we show that Posner does not only propose an economic analysis of the working of the legal system but also that his approach has changed in the early 1970s, shifting from a law and economics perspective in which the focus is put on the working of the economic system to an economic analysis of law in which the emphasis is put on the functioning of the legal system. He appears then no longer influenced by Aaron Director and Ronald Coase but rather by Gary Becker. Therefore, and this is the second part of our demonstration, we show that the evolution in Posner's works essentially derives from the influence of Becker and the adoption by the former of the methodological views of the latter. More precisely, we claim that Posner no longer retains a -- restrictive -- definition of economics by subject matter but that he aligns himself on Becker and his broader definition of economics placing nonmarket decisions and method at the core of the discipline. In other words, we argue that Posner is the first who transposes Becker’s definition of economics in law and economics and that this is precisely what makes Posner's economic analysis of law possible and specific, and also of particular importance.
The Rise and Fall of Judicial Self-Restraint, 100 California Law Review: Translated from the Journal California Law Review 519 (2012)Richard A. Posner, The Rise and Fall of Judicial Self-Restraint, 100
No full textThe following translation is completed according to the publication: Richard A. Posner, “The Rise and Fall of Judicial Self-Restraint”, 100California Law Review 519 (2012).Richard A. Posner is one of the most influential scholars who served as a federal appellate judge on the U.S Court of Appeals for the 7th Circuit. This article discusses the origins and characteristics of the doctrine of Judicial Self-Restraint. The author reviews James Bradley Thayer’s constitutional doctrine which argues that judges should overturn a legislative act only when there is no reasonable doubt that it is unconstitutional. According to Posner, Thayer’s doctrine was approved and utilized by great American jurists including Oliver Wendell Holmes, Louis Brandeis, Felix Frankfurter and Alexander Bickel in their judicial and academic writings.
The paper suggests that one of the major reasons for declining the prominence of Judicial SelfRestraint was the development of modern Constitutional Theories (like originalism, textualism, moral interpretations, etc.) stimulated by the conservative backlash against the Warren Court’s Judicial Activism. Subsequently, Judge Posner makes the case for Judicial Pragmatism which emphasizes the significance of consequences over doctrine by offering the eight principles of legal pragmatism. And the author argues that the most highly regarded jurists in American legal history have always been pragmatists.The following translation is completed according to the publication: Richard A. Posner, “The Rise and Fall of Judicial Self-Restraint”, 100California Law Review 519 (2012).Richard A. Posner is one of the most influential scholars who served as a federal appellate judge on the U.S Court of Appeals for the 7th Circuit. This article discusses the origins and characteristics of the doctrine of Judicial Self-Restraint. The author reviews James Bradley Thayer’s constitutional doctrine which argues that judges should overturn a legislative act only when there is no reasonable doubt that it is unconstitutional. According to Posner, Thayer’s doctrine was approved and utilized by great American jurists including Oliver Wendell Holmes, Louis Brandeis, Felix Frankfurter and Alexander Bickel in their judicial and academic writings.
The paper suggests that one of the major reasons for declining the prominence of Judicial SelfRestraint was the development of modern Constitutional Theories (like originalism, textualism, moral interpretations, etc.) stimulated by the conservative backlash against the Warren Court’s Judicial Activism. Subsequently, Judge Posner makes the case for Judicial Pragmatism which emphasizes the significance of consequences over doctrine by offering the eight principles of legal pragmatism. And the author argues that the most highly regarded jurists in American legal history have always been pragmatists
The Masculine Masquerade : Masculinity and Representation
No full textTracing the developments in gender theory, Broad identifies masculinity as a construct to contextualize works by 11 artists examining the way in which the masculinity is represented (as discussed by Posner). Five authors contribute additional texts on: the mythologization of Jackson Pollock, representation in Hitchcock's "North by Northwest" (1959), the imaging of people with AIDS and black masculinity. Includes a photo-essay by Ligon and a comprehensive subject bibliography (25 p.). Biographical notes
Programma Quo Consensus Ac Dissensus Scholae Aristotelicae Et Cartesianae In Philosophia Naturali explicationem Lectionis publicis instituendam intimat Caspar Posner, Prof. Publ. : [Dab. Ienae V. Iuli[i] anni Chr. MDCXCVI.]
No full textPROGRAMMA QUO CONSENSUS AC DISSENSUS SCHOLAE ARISTOTELICAE ET CARTESIANAE IN PHILOSOPHIA NATURALI EXPLICATIONEM LECTIONIS PUBLICIS INSTITUENDAM INTIMAT CASPAR POSNER, PROF. PUBL. : [DAB. IENAE V. IULI[I] ANNI CHR. MDCXCVI.]
Programma Quo Consensus Ac Dissensus Scholae Aristotelicae Et Cartesianae In Philosophia Naturali explicationem Lectionis publicis instituendam intimat Caspar Posner, Prof. Publ. : [Dab. Ienae V. Iuli[i] anni Chr. MDCXCVI.] (1)
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O PÊNDULO DE POSNER
Full text linkESTE ARTIGO EXPÕE A VIRADA PRAGMÁTICA DE RICHARD A. POSNER. PRIMEIRAMENTE, DESCREVE A EVOLUÇÃO DO PRAGMATISMO ATÉ A ANÁLISE ECONÔMICA DO DIREITO BASEADA NA MAXIMIZAÇÃO DA RIQUEZA DEFENDIDA POR POSNER. FEITO ISSO, SÃO EXPOSTAS AS RAZÕES QUE LEVARAM ESSE AUTOR A ABANDONAR ESSA ABORDAGEM EM FAVOR DE UM "PRAGMATISMO COTIDIANO". CONCLUI-SE QUE O PRAGMATISMO EM GERAL ESTÁ PRESENTE EM AMBAS AS FASES DO PENSAMENTO DE POSNER
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Richard Posner /
No full textJudge Richard Posner is one of the great legal minds of our age, on par with such generation-defining judges as Oliver Wendell Holmes, Learned Hand, and Henry Friendly. A judge on the U.S. Court of Appeals for the Seventh Circuit and the principal champion of the enormously influential law and economics movement, Posner is also an archetypal public intellectual: he writes provocative best-selling books, receives frequent media attention, and often engages in high-profile policy debates. He is also a member of an increasingly rare breed - judges who write their own opinions rather than delegating the work to clerks. Therefore we have unusually direct access to the workings of his mind and judicial philosophy. In the first full-length biographical treatment of Richard Posner, William Domnarski examines the life experience, personality, academic career, jurisprudence, and professional relationships of his subject with depth and clarity. The book benefits from Domnarski's access to Posner himself and to Posner's extensive archive at the University of Chicago. In addition, Domnarski interviewed and corresponded with more than two hundred people Posner has known, worked with, or gone to school with over the course of his career, from grade school to the present day. They include his fellow former members of the Harvard Law Review, colleagues at the University of Chicago, former law clerks over Posner's more than thirty years on the United States Court of Appeals. Accessible and authoritative, Richard Posner is also a fascinating intellectual biography of a unique judge who, despite never having sat on the Supreme Court, has nevertheless dominated the way law is understood in contemporary America."-
Posner\u27s Pragmatist Jurisprudence
Full text linkI. Introduction
II. Overview: A Sketch of the Main Themes and Three Points of View of Posner\u27s Pragmatism
III. Jurisprudence without Foundations?—The Jurisprudential Methodology of Posner\u27s Pragmatism
IV. The Meta-ethical Posture of Posner\u27s Pragmatism ... A. Thicker Epistemology ... B. Intuitionism and Objectivity ... 1. Intuition-Bedrock, Tacit Knowing, and the Faculty of Induction ... 2. The Redescription of Science for Lawyers ... 3. The Test of Time and Truth ... C. The Force of Rhetoric—Literature, the Test of Time, and Omnisignificance ... D. Posner\u27s Meta-ethical Relativism ... 1. Posner\u27s Approach Is Largely Relativist ... 2. Posner\u27s Pragmatism Is Not Clearly Empirical nor Dualist: Non-cognitivism, Neo-intuitionism, Anti-theory?
V. Posner\u27s Pragmatism Implies a Normative Program ... A. The Argument for a Pragmatic Normative Program in The Problems of Jurisprudence ... 1. Simple Instrumentalism ... 2. In Praise of Wealth Maximization ... 3. The Defense of Wealth Maximization ... a. Defense of the Positive Theory ... b. Criticisms of the Normative Implications of the Economic Analysis of Law—The Defense … c. Promoting the Economic Analysis of Law ... B. Cardozo—The Argument for Wealth Maximization … C. Overcoming Law—Pragmatism, Liberalism, and Law and Economics
VI. Conclusio
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