Public Intellectuals

Author: Richard A. POSNER

Publisher: Harvard University Press

ISBN: 0674042271

Category: Current Events

Page: 456

View: 2189

Release On

In this timely book, the first comprehensive study of the modern American public intellectual--that individual who speaks to the public on issues of political or ideological moment--Richard Posner charts the decline of a venerable institution that included worthies from Socrates to John Dewey. Leveling a balanced attack on liberal and conservative pundits alike, he describes the styles and genres, constraints and incentives, of the activity of public intellectuals and offers modest proposals for improving the quality of public discussion in America today. This paperback edition contains a new preface and and a new epilogue.

Aging and Old Age

Author: Richard A. Posner

Publisher: University of Chicago Press

ISBN: 9780226675688

Category: Family & Relationships

Page: 375

View: 8164

Release On

Observing that people change both physically and cognitively as they age, Posner suggests that each of us has, in succession, two separate selves - younger and older - with different abilities, interests, and behaviors, an insight that helps clarify a number of issues concerning the elderly.

Law, Pragmatism, and Democracy

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042292

Category: Law

Page: 416

View: 1126

Release On

Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

Divergent Paths

The Academy and the Judiciary

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674286030

Category: Law

Page: 414

View: 4430

Release On

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Reflections on Judging

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674184653

Category: Law

Page: 392

View: 5913

Release On

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

Economic Analysis of Law

Author: Richard A. Posner

Publisher: Wolters Kluwer Law & Business

ISBN: 1454845538

Category: Law

Page: 1056

View: 4750

Release On

Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Not a Suicide Pact

The Constitution in a Time of National Emergency

Author: Richard A. Posner

Publisher: Oxford University Press

ISBN: 0195304276

Category: Political Science

Page: 171

View: 8223

Release On

A cogent and elegant response to protests against measures taken by the Bush administration since 9/11 is offered in this exploration of how personal liberty must be balanced with public safety in the face of grave national danger.

Judicial Reputation

A Comparative Theory

Author: Nuno Garoupa,Tom Ginsburg

Publisher: University of Chicago Press

ISBN: 022629059X

Category: Law

Page: 273

View: 8619

Release On

In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.

How Judges Think

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674048067

Category: Law

Page: 387

View: 8011

Release On

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Justice for Pro Se's

Author: Richard A. Posner,Circuit Judge U S Court of Appeals for the Seventh Circuit and Senior Lecturer Richard A Posner

Publisher: Createspace Independent Publishing Platform

ISBN: 9781985724433

Category: Legal aid

Page: 186

View: 8249

Release On

A summary of the author's charitable organization, Justice for Pro Se's, "which provides legal assistance and guidance to pro se's, i.e., litigants who either can't afford to hire lawyers or want to represent themselves in any legal disputes that they became involved in."--Publisher.

The Nature of the Judicial Process

Author: Benjamin Nathan Cardozo

Publisher: Yale University Press

ISBN: N.A

Category: Judges

Page: 180

View: 1506

Release On

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Legal Eagles

Stories of the Top Seven Indian Lawyers

Author: Indu Bhan

Publisher: Random House India

ISBN: 8184007191

Category: Biography & Autobiography

Page: 256

View: 8932

Release On

Harish Salve failed his CA exam twice. Mukul Rohatgi was unable to secure a place at the Law Faculty, Delhi University. Rohinton Nariman was trained to become a Parsi priest. Legal Eagles examines the lives and times of India’s top seven lawyers, who fought some of the country’s landmark courtroom battles. Tracing their journey from their childhood days to the present, the book highlights the important milestones of their careers, their victories and failures, their influences, and their work ethic and role models, demonstrating that the path to success is paved with determination, grit and challenges. Journalist Indu Bhan gives a ringside view of the most significant case handled by each of these lawyers, including the Vodafone tax case, Coalgate and the 2G spectrum controversy, among others.

Ill-Gotten Gains

Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law

Author: Leo Katz

Publisher: University of Chicago Press

ISBN: 9780226425931

Category: Law

Page: 293

View: 5442

Release On

In Ill-Gotten Gains, Leo Katz describes the underlying principles that not only guide the law but also moral decisions. Mixing wit with insight, anecdotes with analysis, Katz uncovers what is really at stake in crimes such as insider trading, blackmail, and plagiarism. With its startling conclusions and myriad twists, this book will fascinate all those intrigued by the perplexing relationship between morality and law. "An ambitious and well-written book of legal and moral theory to overthrow both utilitarianism and its cousin, the economic approach to law."—Richard A. Posner, New Republic "A good, well-written book full of interesting examples."—Library Journal "[An] elegant defense of circumvention and subterfuge . . . a heroically counterintuitive book."—Malcolm Gladwell, New Yorker

The Behavior of Federal Judges

Author: Lee Epstein,William M Landes,Richard A Posner

Publisher: Harvard University Press

ISBN: 0674070682

Category: Law

Page: 440

View: 4056

Release On

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

Sex and Reason

Author: Richard A. POSNER

Publisher: Harvard University Press

ISBN: 0674042255

Category: Law

Page: 468

View: 2476

Release On

Sexual drives are rooted in biology, but we don't act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today's Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M. The first comprehensive approach to sexuality and its social controls, Posner's rational choice theory surprises, explains, predicts, and totally absorbs. Table of Contents: Introduction Part One: The History of Sexuality 1. Theoretical Sexology The Development of the Field Social Constructionism (with a Glance at Gender Disorders) Other Threads in the Multidisciplinary Tapestry 2. Autres Temps, Autres Moeurs/foreign word The History of Western Sexual Mores The Sexual Mores of Non-Western Cultures 3. Sexuality and Law Part Two: A Theory of Sexuality 4. The Biology of Sex The Biological Basis and Character of "Normal" Sex The Biology of "Deviant" Sex Conclusion and Critique 5. Sex and Rationality The Benefits of Sex The Costs of Sex Complementarity of Sexual Practices 6. The History of Sexuality from the Perspective of Economics Greek Love and the Institutionalization of Pederasty Monasticism, Puritanism, and Christian Sex Ethics Swedish Permissiveness Three Stages in the Evolution of Sexual Morality 7. Optimal Regulation of Sexuality The Model of Morally Indifferent Sex Elaborated The Externalities of Sex Incest and Revulsion The Efficacy of Sexual Regulations Designing an Optimal Punishment Scheme for Sex Crimes The Political Economy of Sexual Regulation 8. Moral Theories of Sexuality Are Moral Theories Falsifiable? Christian and Liberal Theories of Sex Sexual Radicals Part Three: The Regulation of Sexuality 9. Marriage and the Channeling of Sex Restrictions on Marrying Regulating Nonmarital Sex 10. The Control of Pregnancy Contraception Abortion 11. Homosexuality: The Policy Questions The Phenomenon Reconsidered Relations between Consenting Adults: Sodomy Laws and Homosexual Marriage Discrimination against Homosexuals, with Particular Reference to Military Service 12. The Sexual Revolution in the Courts From Griswold v. Connecticut to Roe v. Wade Bowers v. Hardwick and Beyond 13. Erotic Art, Pornography, and Nudity The Economy of Erotic Representation The Social Consequences of Pornography Deciding What-If Anything-to Punish 14. Coercive Sex Sexual Abuse of Adults Sexual Abuse of Children 15. Separating Reproduction from Sex Adoption Artificial Insemination and the Issue of Surrogate Motherhood Eugenics and Population Conclusion Acknowledgements Index Reviews of this book: [Posner] is one of the most distinguished and prolific legal thinkers of his generation [and this is an] extraordinary book...Like [George Bernard] Shaw, he combines a passion for exposing humbug and pseudo-profundity with an odd but genuine sort of social compassion, a delight in shocking the self-righteous with a love of human diversity and freedom...We will remember, and profit by, the wit and the courage of his attacks on bigotry, folly, and cruelty. --Martha C. Nussbaum, New Republic Reviews of this book: An incisive tour through theories of sexuality and legal regulation of such matters as marriage, pregnancy, homosexuality, sexual revolution in the courts, erotic art, pornography and nudity, sexual abuse, and the separation of reproduction from sex...At a time when intellectual shoddiness permeates our highest court, [Posner] is a true philosopher of law. --Carlin Romano, Washington Post Book World

The Economics of Justice

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674235267

Category: Law

Page: 415

View: 8019

Release On

Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.

The Problems of Jurisprudence

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674708761

Category: Law

Page: 485

View: 5749

Release On

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values. Examining 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. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigonc to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner's stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

Overcoming Law

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674649255

Category: Law

Page: 597

View: 6435

Release On

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.

Framing Immigrant Integration

Dutch Research-policy Dialogues in Comparative Perspective

Author: Peter Scholten

Publisher: Amsterdam University Press

ISBN: 9089642846

Category: Political Science

Page: 314

View: 2948

Release On

Debates on immigrant integration often center on “national models of integration,” a concept that reflects the desire of both researchers and policy makers to find common ground. This book challenges the idea that there has ever been a coherent or consistent Dutch model of integration and asserts that though Dutch society has long been seen as exemplary for its multiculturalism—and argues that the incorporation of migrants remains one of the country's most pressing social and political concerns. In addition to an analysis of how immigration is framed and reframed through diverse dialogues, the author provides a highly dynamic overview of integration policy and its evolution alongside migration research.

Sapiens

A Brief History of Humankind

Author: Yuval Noah Harari

Publisher: Harper Collins

ISBN: 0062316109

Category: Science

Page: 464

View: 9799

Release On

New York Times Bestseller A Summer Reading Pick for President Barack Obama, Bill Gates, and Mark Zuckerberg From a renowned historian comes a groundbreaking narrative of humanity’s creation and evolution—a #1 international bestseller—that explores the ways in which biology and history have defined us and enhanced our understanding of what it means to be “human.” One hundred thousand years ago, at least six different species of humans inhabited Earth. Yet today there is only one—homo sapiens. What happened to the others? And what may happen to us? Most books about the history of humanity pursue either a historical or a biological approach, but Dr. Yuval Noah Harari breaks the mold with this highly original book that begins about 70,000 years ago with the appearance of modern cognition. From examining the role evolving humans have played in the global ecosystem to charting the rise of empires, Sapiens integrates history and science to reconsider accepted narratives, connect past developments with contemporary concerns, and examine specific events within the context of larger ideas. Dr. Harari also compels us to look ahead, because over the last few decades humans have begun to bend laws of natural selection that have governed life for the past four billion years. We are acquiring the ability to design not only the world around us, but also ourselves. Where is this leading us, and what do we want to become? Featuring 27 photographs, 6 maps, and 25 illustrations/diagrams, this provocative and insightful work is sure to spark debate and is essential reading for aficionados of Jared Diamond, James Gleick, Matt Ridley, Robert Wright, and Sharon Moalem.