Posner's problematics
Article Abstract:
Richard Posner's critique of moral philosophy and its academic proponents in his 1997 Holmes Lectures is astute and brave but lacking in recognition of Posner's own philosophical idols. Trust in the scientific method and in the idea of evolution underlie Posner's arguments. More basic and not entirely harmonious with Posner's ideals are the idols of neutrality and of the purity of law. The reliance upon these idols undermine any alternative to moral philosophy which he may offer.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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The problematics of moral and legal theory
Article Abstract:
Moral theory generally should not play a part in legal judgments. Morality is a socially divisive factor which rarely guides private behavior and cannot support legal judgments. Real litigated issues do not harmonize well with moral theory. A place for morality remains in extraordinary cases where judges' moral consciences impel them to act on moral issues normally better left to political processes.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Reply to critics of the problematics of moral and legal theory
Article Abstract:
The five distinguished scholars who responded to the article 'The Problematics of Moral and Legal Theory' correctly point out errors and omissions, but further encourage the author in his theoretical convictions. Replies are separately made to Ronald Dworkin, Charles Fried, Anthony Kronman, John Noonan, and Martha Nussbaum.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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