* 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
Richard Posner's trenchant criticism of the Kantian assumptions of most contemporary moral philosophy is very refreshing, and much needed. His distinction between "moral entrepreneurs" and "academic moral philosophers" is particularly helpful. -- Richard Rorty, Stanford University, author of Achieving Our Country (Harvard) More than ever,Richard Posner lays claim to the mantle of Oliver Wendell Holmes, not only in catholicity of interests, but also, in this instance, because Posner's thoroughgoing, no-holds-barred attack on moral philosophy is reminiscent of Holmes's own acerbic views regarding the potential contribution of moral theorizing to ascertaining the meaning of law. These chapters, as well as his attack on the contemporary vogue of "constitutional theory," will surely occasion the greatest controversy, but Posner also has important--and debatable--things to say about the legal profession and its future. -- Sanford Levinson, University of Texas at Austin Law School The breadth and depth of Posner's scholarship is formidable, and his analyses are always provocative. This book is a highly welcome contribution to contemporary jurisprudential debate. -- Neil Duxbury, Faculty of Law, University of Manchester
Richard A. Posner retired as a judge of the United States Court of Appeals for the Seventh Circuit in 2017. He was previously a senior lecturer at the University of Chicago Law School.
Posner believes that most moral understanding is acquired in
childhood and largely controlled by parental example, peer
pressure, and religion. Once acquired, moral beliefs and
commitments can only be changed through "appeals to self-interest
and emotional appeals that bypass our rational calculating
faculty"...As usual with Posner, the writing is clear, the
footnotes abundant and highly informative, and the index excellent.
Highest recommendation for all collections.
*Choice*
[This book] should fit the bill for those who might have been
curious about what Posner has to say about jurisprudence and the
law but were put off by the rather longer books. [It] also fits the
bill for scholars, good upper level undergraduates, and graduates
students who will benefit from reading an entirely readable book
that will provoke them to skirmish with the author over the issues
of legal pragmatism.
*Law and Politics Book Review*
Richard Posner's trenchant criticism of the Kantian assumptions of
most contemporary moral philosophy is very refreshing, and much
needed. His distinction between "moral entrepreneurs" and "academic
moral philosophers" is particularly helpful.
*Richard Rorty, Stanford University, author of Achieving Our
Country (Harvard)*
More than ever,Richard Posner lays claim to the mantle of Oliver
Wendell Holmes, not only in catholicity of interests, but also, in
this instance, because Posner's thoroughgoing, no-holds-barred
attack on moral philosophy is reminiscent of Holmes's own acerbic
views regarding the potential contribution of moral theorizing to
ascertaining the meaning of law. These chapters, as well as his
attack on the contemporary vogue of "constitutional theory," will
surely occasion the greatest controversy, but Posner also has
important--and debatable--things to say about the legal profession
and its future.
*Sanford Levinson, University of Texas at Austin Law School*
The breadth and depth of Posner's scholarship is formidable, and
his analyses are always provocative. This book is a highly welcome
contribution to contemporary jurisprudential debate.
*Neil Duxbury, Faculty of Law, University of Manchester*
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