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Antitrust Law, Second Edition
  • Language: en
  • Pages: 304

Antitrust Law, Second Edition

  • Categories: Law

When it was first published a quarter of a century ago, Richard Posner's exposition and defense of an economic approach to antitrust law was a jeremiad against the intellectual disarray that then characterized the field. As other perspectives on antitrust law have fallen away, Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that e...

Law, Pragmatism, and Democracy
  • Language: en
  • Pages: 416

Law, Pragmatism, and Democracy

  • Categories: 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 play a significant role in making complex public policy regarding, say, taxes or missile defense.

Sex and Reason
  • Language: en
  • Pages: 468

Sex and Reason

  • Categories: Law

Sexual drives are rooted in biology, but we don't act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today's Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M. The first comprehensive approach to sexuality and its social controls, Posner's rational choice theory surprises, explains, predicts, and totally absorbs. Table of Contents: Introduction Part One: The History of Sexuality 1. Theor...

How Judges Think
  • Language: en
  • Pages: 400

How Judges Think

  • Categories: Law

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

The Economics of Justice
  • Language: en
  • Pages: 415

The Economics of Justice

  • Categories: Law

Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.

Aging and Old Age
  • Language: en
  • Pages: 375

Aging and Old Age

Observing that people change both physically and cognitively as they age, Posner suggests that each of us has, in succession, two separate selves - younger and older - with different abilities, interests, and behaviors, an insight that helps clarify a number of issues concerning the elderly.

Divergent Paths
  • Language: en
  • Pages: 430

Divergent Paths

  • Categories: Law

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Overcoming Law
  • Language: en
  • Pages: 597

Overcoming Law

  • Categories: Law

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 MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that r...

Frontiers of Legal Theory
  • Language: en
  • Pages: 453

Frontiers of Legal Theory

  • Categories: Law

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Reflections on Judging
  • Language: en
  • Pages: 392

Reflections on Judging

  • Categories: Law

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.