Search -
The Problematics of Moral and Legal Theory
The Problematics of Moral and Legal Theory Author:Richard A. Posner Richard Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification—an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, ... more »Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia—the true professionalism foreseen by Holmes a century ago. "Posner's trenchant criticism of the Kantian assumptions of most contemporary moral philosophy is very refreshing, and much needed. His distinction between 'moral entrepreneurs' and 'academic moral philosophers' is particularly helpful." —Richard Rorty, Stanford University, author of Achieving Our Country "More than ever, Richard Posner lays claim to the mantle of Oliver Wendell Holmes, not only in catholicity of interests, but also, in this instance, because Posner's thoroughgoing, no-holds-barred attack on moral philosophy is reminiscent of Holmes's own acerbic views regarding the potential contribution of moral theorizing to ascertaining the meaning of law." —Sanford Levinson, University of Texas at Austin« less