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Frontiers of Legal Theory
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Richard A. Posner
Language:
English
Published/Copyright:
2004
About this book
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Reviews
[Posner’s] book provides an ‘external analysis’ of the law and immerses the reader in an incredible discourse of the application of economics, history, psychology and epistemology to a variety of legal subjects… The attentive reader will be fascinated, not only by the extraordinary depth of the discussion, but by the successful way this Renaissance judge has attempted to develop a more responsive legal system by using the fresh perspective of extra-legal disciplines.
-- Ellen M. Heller Baltimore Sun
-- Ellen M. Heller Baltimore Sun
After somewhat controversial forays into the debates over Bill Clinton’s impeachment…and the 2000 presidential election…Judge Posner is back where he seems most comfortable, waxing at length over the relationship between legal theory and other academic disciplines including economics, psychology, history, and statistics… [H]is argument that legal practice itself should be treated as an academic discipline like any other is original, crisply explained, and should serve as fodder for future discussion.
-- D. Yalof Choice
-- D. Yalof Choice
As both a federal judge and an author, Posner is well qualified to provide us with this timely overview of the leading trends currently guiding American legal thought. Promoting the concept of legal theory as a unified field of social science, the author delineates five areas for particular scrutiny: economics, history, psychology, epistemology, and quantitative empiricism. Posner cleverly argues for the transformation of the practice of law to an academic discipline by noting some of the inherent advantages… An empirical approach to the law can, the author claims, shed new light on issues such as campaign finance reform, free speech, and regulation of the Internet.
-- Philip Y. Blue Library Journal
-- Philip Y. Blue Library Journal
Posner offers insights into such controversial issues as hate crime legislation, controls over speech on the Internet, the costs and benefits of the jury system, and the standards for excluding categories of evidence from trial. [Posner’s] take on these issues is unfailingly original, crisply expressed and appropriately qualified by recognition of the limitations as well as the strengths of theory applied to real-world problems.
-- Publishers Weekly
-- Publishers Weekly
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Frontmatter
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Contents
v -
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Introduction
1 - I Economics
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1 The Law and Economics Movement: From Bentham to Becker
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2 The Speech Market
62 -
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3 Normative Law and Economics: From Utilitarianism to Pragmatism
95 - II History
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4 Law’s Dependence on the Past
145 -
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5 Historicism in Legal Scholarship: Ackerman and Kahn
170 -
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6 Savigny, Holmes, and the Law and Economics of Possession
193 - III Psychology
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7 Emotion in Law
225 -
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8 Behavioral Law and Economics
252 -
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9 Social Norms, with a Note on Religion
288 - IV Epistemology
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10 Testimony
319 -
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11 The Principles of Evidence and the Critique of Adversarial Procedure
336 -
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12 The Rules of Evidence
380 - V Empiricism
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13 Counting, Especially Citations
411 -
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Acknowledgments
443 -
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Index
447
Publishing information
Pages and Images/Illustrations in book
eBook published on:
March 1, 2004
eBook ISBN:
9780674276949
Pages and Images/Illustrations in book
Main content:
464
eBook ISBN:
9780674276949
Audience(s) for this book
General/trade;