New PDF release: Overcoming Law

By Richard A. Posner

ISBN-10: 0674649257

ISBN-13: 9780674649255

felony conception needs to turn into extra genuine and empirical and no more conceptual and polemical, Richard Posner argues during this wide-ranging new ebook. the subjects lined comprise the constitution and behaviour of the felony occupation; constitutional thought; gender, intercourse, and race theories; interdisciplinary methods to legislation; the character of criminal reasoning; and criminal pragmatism. Posner analyzes, in witty and passionate prose, colleges of idea as diverse as social constructionism and institutional economics, and students and judges as various as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He additionally engages difficult matters in criminal idea that diversity from the motivations and behaviour of judges and the function of rhetoric and analogy in legislation to the explanation for privateness and blackmail legislation and the legislation of employment contracts. even if written via a sitting pass judgement on, the publication doesn't keep away from controversy; it includes frank value determinations of radical feminist and race theories, the habit of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual habit.

all through, the ebook is unified via Posner's specific stance, that's pragmatist in philosophy, monetary in technique, and liberal (in the feel of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it'll make an immense contribution to the talk concerning the function of legislation in our society.

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64, 340, 343 Mareva Compania Naviera v International Bulk Carriers [1975] 2 Lloyd’s Rep 509 . . . . . 324 Mareva Navigation v Canadria Armadora SA. The Mareva AS [1977] 1 Lloyd’s Rep 368 . . 90, 95 Margarine Union v Cambay Prince SS Co [1969] 1 QB 219; [1967] 3 WLR 1569; [1967] 3 All ER 775; [1967] 2 Lloyd’s Rep 315 . . . . . . . . . . . . . . . . . 141, 142 Margaronis Navigation Agency v Peabody [1965] 2 QB 430; [1964] 3 WLR 873; [1964] 3 All ER 333; [1964] 2 Lloyd’s Rep 153 .

196 Midwest Shipping Co Ltd v Henry Ltd. The Anastasia [1971] 1 Lloyd’s Rep 375 . . . . . . . 107 Mihalios Xilas, The (1978). See International Bulk Carriers v Evlogia Shipping Co SA Mihalios Xilas, The (1979). See China National Foreign Trade Corp v Evlogia Shipping Co SA Mihalis Angelos, The. See Maredelanto Compania Naviera SA v Bergbau-Handel Milburn v Jamaica Co [1900] 2 QB 540; 83 LT 321; 9 Asp MLC 122 . . . . . . . . . . . 107 Millar & Co v Freden [1918] 1 KB 611; 118 LT 522; 14 Asp MLC 247 .

349, 350 Monroe Brothers Ltd v Ryan [1935] 2 KB 28; 153 LT 31; 51 LlLR 179 . . . . . . . . . . 65, 66 Montedison SpA v Icroma SpA. The Caspian Sea [1980] 1 Lloyd’s Rep 91 . . . . . . . . . 285 Moorsom v Page (1814) 4 Camp 103 . . . . . . . . . . . . . . . . . . . . . . . . 68 More v Demise Charterers of the Ship ‘Jotunheim’ [2005] 1 Lloyd’s Rep 181 . . . . . . . . ) Securities v Malaysian Newsprint.

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Overcoming Law by Richard A. Posner

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