The problems of jurisprudence
Richard A. Posner (Author)
In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary
Print Book, English, 1990
Harvard University Press, Cambridge, Mass., 1990
xiv, 485 pages ; 25 cm
9780674708754, 9780674708761, 067470875X, 0674708768
20690798
Introduction : The birth of law and the rise of jurisprudence
I. The epistemology of law. 1. Law as logic, rules, and science
2. Legal reasoning as practical reasoning
3. Other illustrations of practical reasoning in law
4. Legitimacy in adjudication
II. The ontology of law. 5. Ontology, the mind, and behaviorism
6. Are there right answers to legal questions?
7. What is law, and why ask?
III. Interpretation revisited. 8. Common law versus statute law
9. Objectivity in statutory interpretation
10. How to decide statutory and constitutional cases
IV. Substantive justice. 11. Corrective, retributive, procedural, and distributive justice
12. The economic approach to law
13. Literary, feminist, and communitarian perspectives on jurisprudence
V. Jurisprudence without foundations. 14. Neotraditionalism
15. A pragmatist manifesto