BOOK REVIEW: Some Problems of Pragmatic Jurisprudence. THE PROBLEMS OF JURISPRUDENCE. By Richard A. Postner. [+] [+] Judge, United States Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School. Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1991 Texas Law Review
Texas Law Review

BOOK REVIEW: Some Problems of Pragmatic Jurisprudence.

THE PROBLEMS OF JURISPRUDENCE. By Richard A. Postner. [+]



[+] Judge, United States Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School.

Cambridge: Harvard University Press, 1990. Pp. xiv, 485. $ 29.95 [++]



[++] Hereinafter cited by page number only.

November, 1991

70 Tex. L. Rev. 317

Author

Reviewed by Steven Walt *

Excerpt

The Problems of Jurisprudence covers a wide range of jurisprudential topics. The range of topics treated is commensurate with the types of questions addressed: (1) Are there determinate answers to legal issues in all cases? (2) What standards and materials should judges employ to resolve legal disputes? (3) What is the proper role of courts vis-a-vis legislatures in giving effect to statutory law? (4) How should judges interpret statutes that are incoherent, vague, or difficult to apply? (5) What role, if any, do mentalist notions play in law? (6) What is the distinctive nature of law as a social practice? Answering the first question requires one to resort to metaphysics and theories of meaning, reference, and truth. Answering the second, third, and fourth questions requires a theory of adjudication and institutional legitimacy. A response to the fifth question must make reference to an ontology and a philosophy of mind. Answering the sixth question requires a conceptual apparatus. Posner answers these questions and supports his answers with argument, although sometimes only in skeletal form. The answers and attendant arguments comprise a pragmatic jurisprudence. 1 I shall argue that Posner's arguments fail to establish many of his conclusions. These failures identify some of the problems of a pragmatic jurisprudence.

The Problems of Jurisprudence is not confined to a treatment of strictly jurisprudential problems. Posner also touches on a variety of less foundational matters. Posner's reconsideration of the scope of wealth maximization and corrective justice as suitable principles of adjudication appear along with ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities