1,364,865 research outputs found
Posner, Economics and the Law: from Law and Economics to an Economic Analysis of Law.
No full textThe 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
Posner on the uselessness of moral theory: An empirical analysis
No full textRichard Posner has argued that teaching moral philosophy is a misguided and pointless exercise. According to Posner, ethical philosopher exaggerate the role rationality play in moral judgement. As a result, classes on moral philosophy are "useless," as they invariably fail to influence students' thoughts or behaviour. We sought to test Posner's claim by surveying students in two university units dealing with ethics. Our findings suggest that, contrary to Posner's suggestion, ethics units do in fact influence students' moral thinking, including the judgements they make about particular moral issues. The influence of ethics units on students' behaviour was smaller, lending some support to Posner's view that there is a difference between making a moral judgement and possessing sufficient motivation to act on it. However, the purpose of ethics units may not be to cause students to embrace a set program of action, but to teach them to think critically about morality. Our evidence suggests ethics units succeed at this goal, and so are not the arenas of pointless futility that Posner portrays
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
Szlovákia (közigazgatási térkép) (1880)
No full textTelepülések nagyság szerint jelölve névvelDomborzat csíkozással, névírássalUtak minőség szerintFokhálózat a kereten bejelölveJárások határaikkal, külön magyarázatbanJelmagyarázathbkhivatalos adatok alapján rajzolta Hátsek Ignác
Richard A. Posner (1939-)
No full textInternational audienceRichard A. Posner was the most important actor in the transformation from "law and economics" to an "economic analysis of law". Posner applied Chicago price theory to the analysis of law and legal rules. He not only contributed to the field but also structured it. This is what this chapters shows. We also show that Posner's work illustrates the Chicagoan dimension of his economic analysis of law. That Posner, especially later in his career, introduced some elements that might seem to be at odds with Chicago economicspragmatism, notably-or that he claimed having become a Keynesian does not change much to the claim that it was Posner who crafted Chicago's economic analysis of law
Richard A. Posner (1939-)
No full textInternational audienceRichard A. Posner was the most important actor in the transformation from "law and economics" to an "economic analysis of law". Posner applied Chicago price theory to the analysis of law and legal rules. He not only contributed to the field but also structured it. This is what this chapters shows. We also show that Posner's work illustrates the Chicagoan dimension of his economic analysis of law. That Posner, especially later in his career, introduced some elements that might seem to be at odds with Chicago economicspragmatism, notably-or that he claimed having become a Keynesian does not change much to the claim that it was Posner who crafted Chicago's economic analysis of law
Cardozo and Posner: A Study in Contracts
No full textThis article critically evaluates the major judicial opinions on the law of contracts written by Judges Benjamin N. Cardozo and Richard A. Posner. Respectively, these judges are the first and third most influential judges on the subject measured by the frequency with which contemporary contracts casebooks reproduce their opinions. Exploring dozens of classic opinions of these judicial titans, the piece contrasts the philosophies and methods the two judges employ in wrestling with many fundamental challenges in contract law, from formation to performance to damages. The inquiry suggests that, using Isaiah Berlin\u27s nomenclature, Judge Cardozo is the fox of American contract law while Posner is its hedgehog. Judge Cardozo displayed the thickly-textured doctrinalist, an optimizer of competing objectives; Judge Posner is a maximizer. (Accompanying tables report data on the contributions of the 15 most influential judges contributing to contract law.
A Reply to Posner
No full textIn The First Amendment\u27s Purpose, I criticized the cost-benefit approach to free speech, of which Richard Posner has been a leading advocate. On the cost-benefit view (or at least Posner\u27s view of that view), speech can be prohibited when in American society its harmful consequences are thought to outweigh its expressive value. Or, in another formulation: [S]peech should be allowed if but only if its benefits equal or exceed its costs
O PÊNDULO DE POSNER
No full textESTE 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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