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The Mystery of Richard Posner

110 点作者 oli5679超过 2 年前

10 条评论

A_D_E_P_T超过 2 年前
The question posed by the article, and reviewed therein -- namely, &quot;what did Posner really think of the law?&quot; -- is comprehensively answered in Posner&#x27;s own book &quot;The Problems of Jurisprudence.&quot; It is an excellent and sadly overlooked work, which contains fascinating comparisons between natural law and positive law.<p>The article makes Posner&#x27;s support of pro se litigants in his final years seem crazy and haphazard, like a side-effect of his Alzheimer&#x27;s diagnosis. And maybe it was, but Posner&#x27;s heart was in the right place: Pro se litigants are taken advantage of by the legal system and have the deck stacked against them. Bigtime. In civil cases, even most middle class people can&#x27;t afford to hire lawyers, and are forced to knuckle under and settle, or fight and probably lose. This gives people the impression that &quot;justice&quot; can be bought, and it&#x27;s not necessarily a wrong impression. Posner was responding, in a way, to a great and longstanding injustice.
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jonstewart超过 2 年前
I haven&#x27;t read enough by Posner to develop a clear opinion; I&#x27;m pretty liberal and deeply skeptical of anyone&#x2F;anything closely associated with the University of Chicago.<p>However, Posner&#x27;s evisceration of Malcolm Gladwell&#x27;s Blink is masterful and I re-read it every couple years for sheer joy: <a href="https:&#x2F;&#x2F;newrepublic.com&#x2F;article&#x2F;68000&#x2F;blinkered" rel="nofollow">https:&#x2F;&#x2F;newrepublic.com&#x2F;article&#x2F;68000&#x2F;blinkered</a>
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Scubabear68超过 2 年前
I am not a lawyer, but I have dove into several legal issues as an active participant a few times and done a lot of research. I have also talked to a lot of lawyers on several issues over the years.<p>I get a strong impression that law school can be a bit like computer science, in that you are taught theory but not as much the practice. I don’t want to stretch the analogy too far, but every area of law in the US, and indeed every jurisdiction, seems to have its own rules.<p>I’m sure law school gives you a foundation, but really effective lawyers seem to know their jurisdictions and it’s rules and the major players. As a sort of anecdotal counter example of that. I saw a big time DC law firm come into a local NJ court and get its ass handed to them by the judge for not knowing local law.<p>Having dealt with NY surrogate court and an NJ agency on a complaint, I can also attest that you need to know the magical incantations for each individually (and they are arbitrary at the whim of the court).
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skymer超过 2 年前
A British judge named Alfred Denning was Posner&#x27;s spiritual predecessor in the last century. Unlike Posner, Denning made it to Britain&#x27;s supreme court.<p>In law school, student&#x27;s were warned early that while Denning&#x27;s opinions were regularly published in casebooks because they clearly illuminated the law, he was often on the wrong side of the result.
TheMagicHorsey超过 2 年前
Posner is a giant. So is Richard Epstein. They both have some old fashioned views and blind spots, but roughly speaking, I feel their take on how to structure legal systems is correct.
huitzitziltzin超过 2 年前
Counting only half of his contributions to law and economics would be more than enough of a legacy
pierrebai超过 2 年前
Reading about his thoughts and opinions, it really makes it seems as if Posner only cared about his own opinion about matters, and not the actual laws.<p>&gt; As for text, Posner had little compunction about slipping around it. He took a dim view of laws and legislatures. Statutes, he believed, are generally indeterminate, contradictory, and even counterproductive. They’re “written in haste by busy people who often are neither able nor conscientious.”
tz18超过 2 年前
Context on the author: he is Internet Policy Counsel at TechFreedom, a think-tank which opposes net neutrality. I feel this is relevant because as the article goes on it feels more and more slanted, like a ship listing into libertarian seas.
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Brigand超过 2 年前
It seems like intellectuals of his integrity are leaving this world one after the other. Instead of keeping their legacy in high esteem, the ideas they refuted so vehemently are what is popular with the young generation.
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tomohawk超过 2 年前
This is why there should be term limits on judges and legislators.
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