Overcoming Law by Richard A. Posner

By Richard A. Posner

Legal concept needs to develop into extra authentic and empirical and no more conceptual and polemical, Richard Posner argues during this wide-ranging new e-book. the subjects coated comprise the constitution and behaviour of the criminal career; constitutional thought; gender, intercourse, and race theories; interdisciplinary techniques to legislations; the character of felony reasoning; and criminal pragmatism. Posner analyzes, in witty and passionate prose, faculties of concept as diversified as social constructionism and institutional economics, and students and judges as diversified as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He additionally engages demanding matters in criminal thought that variety from the motivations and behaviour of judges and the function of rhetoric and analogy in legislations to the explanation for privateness and blackmail legislation and the legislation of employment contracts. even though written by means of a sitting pass judgement on, the ebook doesn't keep away from controversy; it comprises frank value determinations of radical feminist and race theories, the habit of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior.

Throughout, the ebook is unified by way of Posner's detailed stance, that is pragmatist in philosophy, fiscal in method, and liberal (in the feel of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it'll make an incredible contribution to the talk in regards to the function of legislation in our society.

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The spirit of artisanality is captured in the nineteenth-century "arts and crafts" movement, which "emphasized the human touch—the care, craftsmanship and attention to detail that go into a piece of furniture or a decorative object that is crafted by hand.

Those talents are of little use to a person who works 15. An intermediate stage between guild and mass production is the "craft" union, in which guild-like organization of the "skilled" work force is combined with modern methods of organizing production. The apprenticeship rules and exclusionary practices of the craft unions are reminiscent of guild practices. An analogy is to the "in-house" lawyer, who, being a corporate employee, is simultaneously a subordinate figure in an industrial work force and an independent professional—which means that his independence is compromised.

17 It is at once broader and narrower than craft—broader because not limited to a member of a medieval (or any) guild; narrower because the terms craft, craftsman, and craftsmanship can be applied to nonartisanal activities, persons, and skills. The guild craftsman, however, was an artisan. The industrial counterpart of the painter or sculptor, the artisan makes things with his hands, with at most limited aid from machinery. He has the satisfaction of observing a direct connection between his input and his output—the satisfaction of having something tangible to show for his efforts.

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