Problems of Jurisprudence
Problems of Jurisprudence In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. One contends that law is more than politics and yields, in the…
Specifikacia Problems of Jurisprudence
Problems of Jurisprudence
In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. 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. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines.
Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values.Examining how judges go about making difficult decisions, Posner Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical.