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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 legal controversies arise.
In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia - the true professionalism foreseen by Holmes a century ago.
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Previews available in: English
Edition | Availability |
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1
The Problematics of Moral and Legal Theory
May 15, 2002, Belknap Press
Paperback
in English
- New Ed edition
0674007999 9780674007994
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2
The problematics of moral and legal theory
1999, Belknap Press of Harvard University Press
in English
0674707710 9780674707719
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