The Problems of Jurisprudence

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Jurisprudence: Beyond logic, into judges' reasoning.

If you're intrigued by the complexities of legal decision-making and the mental gymnastics judges perform, "The Problems of Jurisprudence" might just be the eye-opener you need. Richard A. Posner's examination of the informal and often unacknowledged methods judges use to reach verdicts pulls back the curtain on the legal process. This book will offer you a nuanced perspective that challenges traditional views on legal training and its impact on judicial decisions.

Note: While we do our best to ensure the accuracy of cover images, ISBNs may at times be reused for different editions of the same title which may hence appear as a different cover.

The Problems of Jurisprudence

Regular price RM108.00 MYR
Unit price
per
Compare to estimated retail price: RM196.00 MYR  
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ISBN: 9780674708761
Date of Publication: 2007-03-07
Format: Paperback
Related Collections: Law, Philosophy, Politics
Related Topics: Theory
Goodreads rating: 3.94
(rated by 67 readers)

Description

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. 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. 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. 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 argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself
 

Jurisprudence: Beyond logic, into judges' reasoning.

If you're intrigued by the complexities of legal decision-making and the mental gymnastics judges perform, "The Problems of Jurisprudence" might just be the eye-opener you need. Richard A. Posner's examination of the informal and often unacknowledged methods judges use to reach verdicts pulls back the curtain on the legal process. This book will offer you a nuanced perspective that challenges traditional views on legal training and its impact on judicial decisions.

Note: While we do our best to ensure the accuracy of cover images, ISBNs may at times be reused for different editions of the same title which may hence appear as a different cover.