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The problems of jurisprudence / Richard A.Posner.

By: Material type: TextTextPublication details: Cambridge,Mass. ; London : Harvard University Press, 1990 (1993[printing])Description: xiv,485p. ; 24cmISBN:
  • 9780674708761 (pbk) :
  • 0674708768 (Paper)
Subject(s): DDC classification:
  • 340 POS
Contents:
Part I.The epistemology of law -- 1.Law as logic, rules, and science -- 2.Legal reasoning as practical reasoning -- 3.Other illustrations of practical reasoning in law -- 4.Legitimacy in adjudication -- Part II.The ontology of law -- 5.Ontology, the mind, and behaviorism -- 6.Are there right answers to legal questions? -- 7.What is law, and why ask? -- Part III.Interpretation revisited -- 8.Common law versus statue law -- 9.Objectivity in statutory interpretation -- 10.How to decide statutory and constitutional cases -- Part IV.Stbstantive justice -- 11.Corrective, retributive, procedural, and distributive justice -- 12.The economic approach to law -- 13.Literary, feminist, and communitarian perspectives on jurisprudence -- Part V.Jurisprudence without foundations -- 14.Neotraditionalism -- 15.A pragmatist manifesto.
Summary: The philosophy of law has long been dominated by two rival doctrines, one stating that law is far more than politics, and the other claiming that it is purely politics, with judges wielding arbitrary powers. Posner rejects these as either too metaphysical or nihilistic, and argues for pragmatism.
Holdings
Item type Current library Call number Copy number Status Date due Barcode
Long Loan TUS: Midlands, Main Library Athlone General Lending 340 POS (Browse shelf(Opens below)) 1 Available 00213926

Includes index.

Includes index.

Part I.The epistemology of law -- 1.Law as logic, rules, and science -- 2.Legal reasoning as practical reasoning -- 3.Other illustrations of practical reasoning in law -- 4.Legitimacy in adjudication -- Part II.The ontology of law -- 5.Ontology, the mind, and behaviorism -- 6.Are there right answers to legal questions? -- 7.What is law, and why ask? -- Part III.Interpretation revisited -- 8.Common law versus statue law -- 9.Objectivity in statutory interpretation -- 10.How to decide statutory and constitutional cases -- Part IV.Stbstantive justice -- 11.Corrective, retributive, procedural, and distributive justice -- 12.The economic approach to law -- 13.Literary, feminist, and communitarian perspectives on jurisprudence -- Part V.Jurisprudence without foundations -- 14.Neotraditionalism -- 15.A pragmatist manifesto.

The philosophy of law has long been dominated by two rival doctrines, one stating that law is far more than politics, and the other claiming that it is purely politics, with judges wielding arbitrary powers. Posner rejects these as either too metaphysical or nihilistic, and argues for pragmatism.

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