Still worthy of praise
Richard Posner does not cogently argue that moral philosophy is not of use in the process of legal decisionmaking. His statements are not always accompanied by supporting evidence. He also misstates facts, such as his assertion that moral philosophers desire a society uniform in morality, in the face of decades of moral philosophy's pluralistic underpinnings. Posner correctly recognizes that moral philosophers need to increase their knowledge and experiences of other classes and cultures and need to adapt their literary style to be more accessible and meaningful to nonacademics.
Publication Name: Harvard Law Review
Flawed foundations: the philosophical critique of (a particular type of) economics
The discipline of Law and Economics is in a depressed state because it has not analyzed and criticized its basic tenets which have been criticized by utilitarian philosophers and mainstream economists. The discipline has considered itself scientific but has not questioned the practical validity of theories in areas such as human motivation and rationality. Future growth can be accomplished by following the Aristotelian belief that the progress of ideas requires analysis of predecessors' arguments.
Publication Name: University of Chicago Law Review
- Abstracts: Developments in labor-management cooperation: the codification of cooperative mechanisms. Application of conjoint measurement procedures to collective bargaining research in school personnel administration
- Abstracts: Positive rights and state constitutions: the limits of federal rationality review. Interpretation and authority in state constitutionalism
- Abstracts: Mode of trial and the influence of local justice. Reporting rape in London: a qualitative study. Evaluation of a UK police domestic violence unit using repeat victimization as a performance indicator
- Abstracts: The Supreme Court and international law: the demise of Restatement section 403. The President's constitutional authority to use limited military force
- Abstracts: The dischargeability of marital obligations: three justifications for the repeal of s. 523(a)(15). When an ex-spouse goes bankrupt: new rules help keep financial obligations intact under divorce decrees