The Problematics of Moral and Legal Theory

Autorentext
Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

Klappentext
the current scene in legal studies--and a hopeful prospect for its future.

Zusammenfassung
Posner characterizes the current preoccupation with moral and constitutional theory as an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise, and advocates a rebuilding of the law on the basis of systematic empirical inquiry.

Inhalt
PART 1: THE WRONG TURN 1. Moral Theory Introduction: From Moral Realism to Pragmatic Moral Skepticism Understanding Morality The Academic Moralist and the Moral Entrepreneur Professionalism's Cold Grip 2. Legal Theory, Moral Themes Jurisprudence and Moral Theory Moral Theory Applied Directly to Law Some Famous "Moral" Cases Constitutional Theory PART 2: THE WAY OUT 3. Professionalism The Two Professionalisms The Supersession Thesis 4. Pragmatism The Pragmatic Approach to Law Postmodernism Distinguished Some Institutional Implications of Legal Pragmatism Index

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