The Stakes of Law, or Hale and Foucault

Essays on law, 2021

A book on law.

Athens Institute for Education and Research, 2020

Athens Institute for Education and Research 2020

Catholic University of America Press eBooks, 2019

1990

Reviewed by Raymond B. Marcin* Dust off those old copies of William James.' Pragmatism is "in." 2 Richard A. Posner's newest book, THE PROBLEMS OF JURISPRUDENCE, may well signal the vocabulary of Pragmatism as the lingua franca of jurisprudence in the 1990's. Those who are looking for a "unified field theory" to encompass all of the insights of the great jurisprudential movements of today will find something to chew on in Posner's new book. He does not announce such a theory; in fact, he all but discounts it in his treatment of literary, feminist, and criticalist jurisprudence. In his endorsement of philosophical pragmatism, however, he provides a vocabulary and a set of concepts that render communication among the various contemporary schools, especially the law-and-economics and so-called new-legal-process schools, possible and even efficient. There is a surprise or two in the book for doctrinaire law-and-economics disciples. Posner actually modifies some of his previously published views on wealth maximization, which he now sees as playing only a "limited role" in his theory. 3 Indeed, he spends a goodly portion of the book recasting the wealth-maximization approach to law in pragmatic terms. 4 In reading the * Judge of the United States Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School.

Rhetoric Review, 1995

Hastings Law Journal, 1990

Wilmarth. Their comments and encouragement significantly improved the final product. My research assistant, Karen Dykes Valente, provided valuable and timely help. As always, my partner, Jane McNamee Blumoff, asked the right questions and made the right editorial changes. 1. Although I focus primarily on the United States Supreme Court's effort to capture the elusive intent of framers and ratifiers, for the purposes of this Essay I make no distinction between that traditional sort of history and what I have called the Court's historiography, namely, use of its own precedent. In terms of the use of history as a dissonance reduction technique, there is no discernible difference. See infra Part III.

Law <html_ent glyph="@amp;" ascii="&amp;"/> Social Inquiry, 1988

2012

Professor J E Penner has assumed responsibility for McCoubrey and White's Textbook on Jurisprudence, in the form of the new 4 th edition. Previous editions were well structured, clear and wide ranging introductions to a difficult subject, and in these respects Penner's 4 th edition is no different. The main changes are twofold. First, there is more detailed exploration of certain topics; secondly, there is a broadening of subject matter through the inclusion of theoretical schools unaddressed by previous editions. Overall, the 4 th edition is a significant improvement on its predecessors and Penner is to be congratulated for making a good textbook better. The way the subject of jurisprudence is divided by the textbook follows tradition. Thus the chapter titles include 'Classical Natural Law', 'Classical Legal Positivism: Bentham, Austin and Kelsen', 'Legal Realism', 'Hart: The Critical Project', 'Critical Legal Studies' and 'The Economic Analysis of Law'. What are new to this edition are the chapters 'Marxist Theories of Law' and 'Feminist Legal Theory'; these new chapters address important schools of thought and are therefore welcome additions. Overall, the textbook is comprehensive and versatile and should, as a result, find itself on the reading list of many jurisprudence courses. Jurisprudence is complex subject, requiring a level of philosophical sophistication unmatched by anything else on the undergraduate law curriculum. In light of this it is challenging to teach at undergraduate level. If a textbook is to assist with this challenge, it must make the topic comprehensible without excessive omission and/or distortion in the name of simplification. This is a difficult balancing act and Penner's textbook accomplishes it well. For example, the chapter on classical natural law does justice to the richness of the subject whilst remaining accessible; particularly

Law and Humanities , 2023

Peter Goodrich (2023) From law and literature to legality and affect, Law and Humanities, 17:1, 199-203, DOI: 10.1080/17521483.2023.2205329 Review for Olson, Greta (2022) "From Law and Literature to Legality and Affect."

Legal Theory, 1999

This chapter focuses on the relationship between critical legal studies as an intellectual movement in American law schools, and law and economics, in both Chicago and other forms. The critical legal studies critique of law and economics can reasonably be understood as an effort to foster alternative, radical approaches to law and economics that acknowledge and proceed from politically-charged contradictions within the discipline. The intellectual engagement between critical legal studies and law and economics over the last twenty years has not mediated the contradiction between the critical legal studies and law and economics views of law.