President Clinton's year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality; and political and cultural conflict.
President Clinton's year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of importa...
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--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...
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to unde...
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with...
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, ...
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.
With the rapid growth of the media in recent years, highly visible forums for discussion have multiplied, while greater academic specialization has yielded a growing number of narrowly trained scholars. Posner tracks these two trends to their inevitable intersection: a proliferation of modern...
In this timely book, the first comprehensive study of the modern American public intellectual--that individual who speaks to the public on issues o...
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies--the application of the social sciences and the humanities to law in the hope of making law less formalistic, more practical, better grounded empirically, bettered tailored to social goals. Judge Richard A. Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier. The book examines five principal areas or directions of interdisciplinary study: economics, history, psychology, the epistemology of law and the empirical study of law....
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies--the application of the soci...
A liberal state is a representative democracy constrained by the rule of law. 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...
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on ...
Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient social and legal institutions, the law and economics of privacy and reputation, and the law and economics of racial discrimination.
The book is designed to display the power of economics to organize and illuminate diverse fields in the study of nonmarket behavior and institutions. A...
Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In th...
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...
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The top...
Like other dangerous but pleasurable activities, such as downhill skiing and mountain climbing, engaging in unprotected sex implicitly involves the weighing of costs and benefits. Recognizing that the transmission of the AIDS virus is a consequence of private choices--rational and often informed--to engage in risky conduct, the authors employ tools of economic analysis to reassess the orthodox approach to AIDS by the public health community.
Standard predictions of the spread of AIDS, the authors argue, are questionable because they ignore rational behavioral response to the risk of...
Like other dangerous but pleasurable activities, such as downhill skiing and mountain climbing, engaging in unprotected sex implicitly involves the...
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...
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 phi...
