Law and Literature

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674032460

Category: Law

Page: 570

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Law and Literature is the only book-length treatment of a widely popular subject that is drawing considerable academic attention. Leading legal scholar Richard Posner believes that courses and scholarship in law and literature provide an attractive alternative to courses and scholarship in jurisprudence (philosophy of law), especially since the study of literature can assist lawyers and judges by sharpening their rhetorical skills. The revised edition features considerable new material, including a consideration of plagiarism as well as discussions of novels that grapple with issues very pertinent today, such as illegal immigration, global warming, bioterrorism, surveillance, artificial reproduction, and virtual reality. Posner also discusses the role of the law in popular literature, movies, and television.
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The Problematics of Moral and Legal Theory

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042230

Category: Law

Page: 336

View: 5632

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Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. 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, 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 Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, "The Problematics of Moral and Legal Theory" offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
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Economic Analysis of Law

Author: Richard A. Posner

Publisher: Wolters Kluwer Law and Business

ISBN: 9780735594425

Category: Business & Economics

Page: 1009

View: 1802

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Economic Analysis of Law, Eighth Edition, written by the pioneer in law and economics analysis, Richard A. Posner, remains the classic text in its field. This lucid, comprehensive casebook covers every aspect of the economic analysis of the law, including the common law, public regulation of the market, business organizations and financial markets, the distribution of income and wealth, the legal process, and the Constitution and the federal system. The Eighth Edition has been substantially revised to take into account current events, including the continuing economic crisis, the re-emerging field of organization economics, and recent work by the author and others on judicial behavior. The this preeminent casebook continues to offer Coverage of the legal-economic perspective on all key areas, from common law to the constitution. Accessible, lucid, and user-friendly writing and organization: Non-quantitative approach does not assume or require prior knowledge of economics or mathematics Part and chapter organization are based on legal, not economic, concepts End-of-chapter sections reinforce and extend learning with problems and suggested further readings. The Eighth Edition has been updated and revised to reflect current economic realities: The continuing economic crisis, which began in September 2008, has led to a reexamination of some of the tenets of economics manifested in previous editions. These changes are found primarily in the following chapters: Chapter 1, The Nature of Economic Reasoning Chapter 13, The Choice Between Regulation and Common Law Chapter 14, Corporations, Secured and Unsecured Financing, Bankruptcy Chapter 15, Financial Markets In Chapter 14, Corporations, Secured and Unsecured Financing, Bankruptcy, changes have been incorporated based on the re-emerging field of organization economics. Substantial changes to reflect recent work by the author and others on judicial behavior are evident in Chapter 19, The Market, the Adversary System, and the Legislative Process as Methods of Resource Allocation. Significant changes have also been made in the following chapters: Chapter 3, Property Chapter 4, Contract Rights and Remedies Chapter 17, Taxation Chapter 21, Civil and Criminal Procedure
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Sex and Reason

Author: Richard A. POSNER

Publisher: Harvard University Press

ISBN: 0674042255

Category: Law

Page: 468

View: 5488

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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. Theoretical Sexology The Development of the Field Social Constructionism (with a Glance at Gender Disorders) Other Threads in the Multidisciplinary Tapestry 2. Autres Temps, Autres Moeurs/foreign word The History of Western Sexual Mores The Sexual Mores of Non-Western Cultures 3. Sexuality and Law Part Two: A Theory of Sexuality 4. The Biology of Sex The Biological Basis and Character of "Normal" Sex The Biology of "Deviant" Sex Conclusion and Critique 5. Sex and Rationality The Benefits of Sex The Costs of Sex Complementarity of Sexual Practices 6. The History of Sexuality from the Perspective of Economics Greek Love and the Institutionalization of Pederasty Monasticism, Puritanism, and Christian Sex Ethics Swedish Permissiveness Three Stages in the Evolution of Sexual Morality 7. Optimal Regulation of Sexuality The Model of Morally Indifferent Sex Elaborated The Externalities of Sex Incest and Revulsion The Efficacy of Sexual Regulations Designing an Optimal Punishment Scheme for Sex Crimes The Political Economy of Sexual Regulation 8. Moral Theories of Sexuality Are Moral Theories Falsifiable? Christian and Liberal Theories of Sex Sexual Radicals Part Three: The Regulation of Sexuality 9. Marriage and the Channeling of Sex Restrictions on Marrying Regulating Nonmarital Sex 10. The Control of Pregnancy Contraception Abortion 11. Homosexuality: The Policy Questions The Phenomenon Reconsidered Relations between Consenting Adults: Sodomy Laws and Homosexual Marriage Discrimination against Homosexuals, with Particular Reference to Military Service 12. The Sexual Revolution in the Courts From Griswold v. Connecticut to Roe v. Wade Bowers v. Hardwick and Beyond 13. Erotic Art, Pornography, and Nudity The Economy of Erotic Representation The Social Consequences of Pornography Deciding What-If Anything-to Punish 14. Coercive Sex Sexual Abuse of Adults Sexual Abuse of Children 15. Separating Reproduction from Sex Adoption Artificial Insemination and the Issue of Surrogate Motherhood Eugenics and Population Conclusion Acknowledgements Index Reviews of this book: [Posner] is one of the most distinguished and prolific legal thinkers of his generation [and this is an] extraordinary book...Like [George Bernard] Shaw, he combines a passion for exposing humbug and pseudo-profundity with an odd but genuine sort of social compassion, a delight in shocking the self-righteous with a love of human diversity and freedom...We will remember, and profit by, the wit and the courage of his attacks on bigotry, folly, and cruelty. --Martha C. Nussbaum, New Republic Reviews of this book: An incisive tour through theories of sexuality and legal regulation of such matters as marriage, pregnancy, homosexuality, sexual revolution in the courts, erotic art, pornography and nudity, sexual abuse, and the separation of reproduction from sex...At a time when intellectual shoddiness permeates our highest court, [Posner] is a true philosopher of law. --Carlin Romano, Washington Post Book World
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Antitrust Law, Second Edition

Author: Richard A. Posner

Publisher: University of Chicago Press

ISBN: 9780226675787

Category: Law

Page: 304

View: 729

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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 economic theory should be used to determine how well business practices conform to that goal. In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy," for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services. "The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.
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How Judges Think

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674033833

Category: Law

Page: 400

View: 4553

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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.
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Shylock on Trial

The Appellate Briefs

Author: Richard A. Posner,Charles Fried

Publisher: University of Chicago Press

ISBN: 022604968X

Category: Law

Page: 32

View: 6147

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William Shakespeare is inextricably linked with the law, his plays rich in its terms, settings, and thought processes. In Shylock on Trial: The Appellate Briefs, the Hon. Richard A. Posner and Charles Fried rule on Shakespeare’s classic drama The Merchant of Venice. Framed as a decision argued by two appellate judges of the period in a trial following Shylock’s sentencing by the Duke of Venice, these essays playfully walk the line between law and culture, dissecting the alleged legal inconsistencies of Shylock’s trial while engaging in an artful reading of the play itself. The resultant opinions shed fresh light on the relationship between literary and legal scholarship, demonstrating how Shakespeare’s thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law’s technical workings, its underlying premises, and its social effects.
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Catastrophe

Risk and Response

Author: Richard A. Posner

Publisher: Oxford University Press

ISBN: 9780195346398

Category: Science

Page: 336

View: 4552

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Catastrophic risks are much greater than is commonly appreciated. Collision with an asteroid, runaway global warming, voraciously replicating nanomachines, a pandemic of gene-spliced smallpox launched by bioterrorists, and a world-ending accident in a high-energy particle accelerator, are among the possible extinction events that are sufficiently likely to warrant careful study. How should we respond to events that, for a variety of psychological and cultural reasons, we find it hard to wrap our minds around? Posner argues that realism about science and scientists, innovative applications of cost-benefit analysis, a scientifically literate legal profession, unprecedented international cooperation, and a pragmatic attitude toward civil liberties are among the keys to coping effectively with the catastrophic risks.
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An Affair of State

The Investigation, Impeachment, and Trial of President Clinton

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042322

Category: Current Events

Page: 288

View: 7140

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In a book written while the events were unfolding, Richard Posner presents a balanced and scholarly understanding of President Clinton's year of crisis which began when his affair with Monica Lewinsky hit the front pages in January 1998. With the freshness and immediacy of journalism, Posner clarifies the issues involved, carefully assesses the conduct of Independent Counsel Kenneth Starr, and examines the pros and cons of impeaching President Clinton as well as the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner's experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton's impeachment ordeal.
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Antitrust Law

An Economic Perspective

Author: Richard A. Posner

Publisher: N.A

ISBN: N.A

Category: Law

Page: 262

View: 5496

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'A creative, informative, and highly readable narrative... The book consists of four sections dealing in turn with (1) the law and economics of antitrust policy; (2) the problem of collusion; (3) the question of exclusionary practices; and (4) the difficulties of enforcement... This is a provocative work that judiciously raises pertinent questions about our antitrust policy.'-Robert J. Steamer, Perspective
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