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Overcoming Law
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Overcoming Law Paperback - 1996

by Richard A. Posner

Posner discusses the structure and behavior of the legal profession, constitutional theory, interdisciplinary approaches to law, the nature of legal reasoning, and legal pragmatism. Briliantly written, eschewing jargon and technicalities, it makes a major contribution to the debate about the role of law in our society.


From the publisher

Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.

Details

  • Title Overcoming Law
  • Author Richard A. Posner
  • Binding Paperback
  • Edition Third Printing
  • Pages 608
  • Volumes 1
  • Language ENG
  • Publisher Harvard University Press, Cambridge
  • Date 1996-10-01
  • ISBN 9780674649262 / 0674649265
  • Weight 1.93 lbs (0.88 kg)
  • Dimensions 9.22 x 6.13 x 1.61 in (23.42 x 15.57 x 4.09 cm)
  • Dewey Decimal Code 340.1

Media reviews

Citations

  • New York Times, 12/15/1996, Page 40
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Overcoming Law
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Overcoming Law

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Overcoming Law

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Overcoming Law

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Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race… Read More
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Overcoming Law

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