Frontiers of Legal Theory

Frontiers of Legal Theory

by Richard A. Posner
Frontiers of Legal Theory

Frontiers of Legal Theory

by Richard A. Posner

Paperback

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Overview

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. These approaches are seen to interpenetrate and to compose a coherent body of legal theory—a unified framework for understanding such seemingly disparate phenomena as the economics of free speech, the intellectual history of economic analysis of law, the relation between income and liberty, the law of possession, the psychology of legal decisionmaking, the role of emotion in law, and the use of citation analysis to evaluate judges and law professors. The book carries on Posner’s project of analyzing the law as an institution of social governance.


Product Details

ISBN-13: 9780674013605
Publisher: Harvard University Press
Publication date: 03/01/2004
Pages: 464
Product dimensions: 6.12(w) x 9.25(h) x 1.25(d)

About the Author

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.

Table of Contents

Introduction1
IEconomics
1The Law and Economics Movement: From Bentham to Becker31
2The Speech Market62
3Normative Law and Economics: From Utilitarianism to Pragmatism95
IIHistory
4Law's Dependence on the Past145
5Historicism in Legal Scholarship: Ackerman and Kahn170
6Savigny, Holmes, and the Law and Economics of Possession193
IIIPsychology
7Emotion in Law225
8Behavioral Law and Economics252
9Social Norms, with a Note on Religion288
IVEpistemology
10Testimony319
11The Principles of Evidence and the Critique of Adversarial Procedure336
12The Rules of Evidence380
VEmpiricism
13Counting, Especially Citations411
Acknowledgments443
Index447
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