Richard A Posner
Dados Biográficos
| ID | 302208 |
|---|---|
| NOME | Richard A Posner |
| PRENOMES | Richard A |
| SOBRENOME | Posner |
| ASSINATURA | POSNER R A |
| AFILIAÇÕES | University of Chicago |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 76 |
| TOTAL DE CITAÇÕES | 115 |
| TOTAL COMO AUTOR | 76 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1973 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2020 |
| ÍNDICE H | 6 |
Law and Economics
Jervis on Complexity Theory
The correct solution to complex problems, such as those involved in international relations, can generally be discovered ex post but not predicted ex ante. Economics and game theory attempt to model such complexity, but have difficulty taking into account psychological subtleties, the myriad factors that each agent considers when making a decision, and cultural differences. And understanding that one is dealing with a system—that is, with interac…
A Failure of Capitalism
The Crisis of Capitalist Democracy
Public Intellectuals
Law and Literature
Law and Literature
Critical Introduction
The little book of plagiarism
Intelligence Failures
Two recent failures of the U.S. intelligence system have led to the creation of high-level investigative commissions. The failure to prevent the terrorist attacks of 9/11 prompted the creation of the National Commission on Terrorist Attacks Upon the United States (2004), or 9/11 Commission.The mistaken belief that Saddam Hussein had retained weapons of mass destruction prompted the creation of the Commission on the Intelligence Capabilities of th…
Intellectual Property
T he traditional focus of economic analysis of intellectual property has beenon reconciling incentives for producing such property with concernsabout restricting access to it by granting exclusive rights in intellectual goods—that is, by “propertizing ” them—thus enabling the owner to charge a price for access that exceeds marginal cost. For example, patentability provides an additional incentive to produce inventions, but requiring that the info…
Frontiers of Legal Theory
Catastrophe
Catastrophic risks are much greater than is commonly appreciated. Collision with an asteroid, runaway global warming, voraciously replicating nanomachines, a pandemic of gene-spliced smallpox launched by bioterrorists, and a world-ending accident in a high-energy particle accelerator, are among the possible extinction events that are sufficiently likely to warrant careful study. How should we respond to events that, for a variety of psychological…
Law, pragmatism, and democracy
While pragmatism cannot resolve deep normative disagreements, it can, as a technique of judicial reasoning, at once resolve satisfactorily the majority of cases that do not involve such disagreements, while protecting democracy from overweening judicial assertiveness
Economic analysis of law
Law, Pragmatism, and Democracy
Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by m…
Antitrust after the Interception
This piece reviews Richard Posner's revision of his seminal work, Antitrust Law. It analyzes Judge Posner's success in updating the original work to account for developments in antitrust law and theory in the past 25 years. The review contends that Judge Posner succeeds in his explanation of the economic approach to antitrust and his focus on the issues presented by the new economy. It also maintains that the author does not sufficiently grapple …
Pragmatism versus Purposivism in First Amendment Analysis
In The First Amendment's Purpose,' Jed Rubenfeld sets against the "costbenefit balancing" approach to free speech issues, 2 with me as spokesman, 3 an approach that forswears balancing in favor of inquiry into legislative or regulatory purpose ("purposivism").From certain "paradigm cases" 4 -by which he means constitutional interpretations today uniformly accepted as valid-he infers three things: The First Amendment 5 forbids all regulation inten…
Public Intellectuals
Breaking the Deadlock
The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vo…
What Has Modern Literary Theory to Offer Law
An Affair of State
Journal Article An Affair of State: The Investigation, Impeachment, and Trial of President Clinton Get access Posner Richard A., An Affair of State: The Investigation, Impeachment, and Trial of President ClintonCambridge, Mass.: Harvard University Press, 1999. xi, 276 pp. $16.95 (paper). Milton Cantor Milton Cantor University of Massachusetts, Amherst Search for other works by this author on: Oxford Academic Google Scholar American Journal of Leg…
Creating and enforcing norms, with special reference to sanctions
An Affair of State
In a book written while the events were unfolding, Richard Posner presents a balanced and scholarly understanding of President Clinton's year of crisis which began when his affair with Monica Lewinsky hit the front pages in January 1998. With the freshness and immediacy of journalism, Posner clarifies the issues involved, carefully assesses the conduct of Independent Counsel Kenneth Starr, and examines the pros and cons of impeaching President Cl…
An Economic Approach to the Law of Evidence
The law of evidence is the body of rules that determines what, and how, information may be provided to a legal tribunal that must resolve a factual dispute.The importance of the accurate resolution of such disputes to an economically efficient system of law has been discussed at length, 1 but the economic literature dealing with the rules themselves is scanty in relation to the scope and importance of evidence law. 2 This article is the first com…
Economic Analysis of Law
Economic Analysis of Law, Eighth Edition, written by the pioneer in law and economics analysis, Richard A. Posner, remains the classic text in its field. This lucid, comprehensive casebook covers every aspect of the economic analysis of the law, including the common law, public regulation of the market, business organizations and financial markets, the distribution of income and wealth, the legal process, and the Constitution and the federal syst…
The Microeconomics of the Aids Epidemic in Africa
The authors in their book on the AIDS epidemic Private Choices and Public Health: the AIDS Epidemic in an Economic Perspective emphasized the role in the spread and control of the epidemic of voluntary rational choice to engage or refrain from engaging in risky activities. Although they were aware that AIDS is a more serious problem in a number of developing countries especially in countries in sub-Saharan Africa the analysis was limited to the d…
Rational Choice, Behavioral Economics, and the Law
Jolls, Sunstein, and Thaler wish to use the insights of behavioral economics to improve economic analysis of law, which they believe to be handicapped by its commitment to the assumption that people are rational.1 The editors of the Review have asked me to comment on JST's paper, no doubt because of my identification with rational-choice economics. Since JST complain with some justice that economists and economically minded lawyers do not always …
The Economics of Justice
Journal Article The Economics of Justice Get access The Economics of Justice. By Richard A. POSNER. (London: Harvard University Press, Ig8I. Pp. xiii + 415. £17.50.) Thomas Sharpe Thomas Sharpe Centre for Socio-Legal Studies, Wolfson College, Oxford Search for other works by this author on: Oxford Academic Google Scholar The Economic Journal, Volume 93, Issue 369, 1 March 1983, Pages 248–249, https://doi.org/10.2307/2232199 Published: 01 March 19…
The sociology of the sociology of law
Nobel Laureate
Ronald Coase wrote two great theoretical articles that earned him the Nobel Prize: "The Nature of the Firm" in 1937 and "The Problem of Social Cost" in 1960. He also wrote many articles dealing with the methodology of economics, often in the setting of a discussion of a particular economist, such as Adam Smith or Alfred Marshall. The methodological articles will be my particular focus here
Some Economics of Trade Secret Law
Despite the practical importance of trade secrets to the business community, the law of trade secrets is a neglected orphan in economic analysis. This paper sketches an approach to the economics of trade secret law that connects it more closely both to other areas of intellectual property and to broader issues in the positive economic theory of the common law
Intelligence Failures
Two recent failures of the U.S. intelligence system have led to the creation of high-level investigative commissions. The failure to prevent the terrorist attacks of 9/11 prompted the creation of the National Commission on Terrorist Attacks Upon the United States (2004), or 9/11 Commission.The mistaken belief that Saddam Hussein had retained weapons of mass destruction prompted the creation of the Commission on the Intelligence Capabilities of th…
Intellectual Property
T he traditional focus of economic analysis of intellectual property has beenon reconciling incentives for producing such property with concernsabout restricting access to it by granting exclusive rights in intellectual goods—that is, by “propertizing ” them—thus enabling the owner to charge a price for access that exceeds marginal cost. For example, patentability provides an additional incentive to produce inventions, but requiring that the info…
An Economic Approach to the Law of Evidence
The law of evidence is the body of rules that determines what, and how, information may be provided to a legal tribunal that must resolve a factual dispute.The importance of the accurate resolution of such disputes to an economically efficient system of law has been discussed at length, 1 but the economic literature dealing with the rules themselves is scanty in relation to the scope and importance of evidence law. 2 This article is the first com…
Law, pragmatism, and democracy
While pragmatism cannot resolve deep normative disagreements, it can, as a technique of judicial reasoning, at once resolve satisfactorily the majority of cases that do not involve such disagreements, while protecting democracy from overweening judicial assertiveness
Anthropology and Economics
The advance of economics into the traditional domains of other social sciences has thus far largely overlooked anthropology. In this review article on Frederic Pryor's The Origins of the Economy I argue that economics has many fruitful applications to the study of primitive society. I fault Pryor's book for its lack of a theoretical framework and argue that such a framework can be derived from the economics of information and uncertainty. In part…
Jervis on Complexity Theory
The correct solution to complex problems, such as those involved in international relations, can generally be discovered ex post but not predicted ex ante. Economics and game theory attempt to model such complexity, but have difficulty taking into account psychological subtleties, the myriad factors that each agent considers when making a decision, and cultural differences. And understanding that one is dealing with a system—that is, with interac…
Economic analysis of law
The Future of the Student-Edited Law Review
Richard Rorty's politics
The training and experience of such academic philosophers as Richard Rorty and Hilary Putnam do not equip them with the economic and other social‐scientific tools necessary to make useful contributions to political discussion. In the case of Rorty, this has resulted in his being unable to make effective ripostes to left‐wing critics of his defense of “bourgeois liberalism,” his uncritical endorsement of simplistic arguments for social reform, and…
Bork and Beethoven
What Has Modern Literary Theory to Offer Law
The Law and Economics of the Economic Expert Witness
I will consider the law and economics of the use of economic expert witnesses. After introducing the law governing the use of expert witnesses (including economists), I analyze and respond to several concerns regarding the use of expert witnesses. The first is that expert witnesses paid by the respective parties are bound to be partisans ("hired guns") rather than being disinterested, and hence presumptively truthful, or at least honest, witnesse…
Legal Scholarship Today
Academic law is very old. But the earliest recognizably protomodern academic legal scholarship was that of Friedrich Carl von Savigny, who in the early nineteenth century propounded an ambitious theory of law and elaborated it with detailed historical investigations.2 He argued that Roman law, essentially a body of common law principles, should be made the basis for German law because it would provide a better framework for German unity and moder…
Cross-Cultural Differences in Family and Sexual Life
This article uses rational choice theory to explain family and sexual life in so-called primitive societies. It develops implications of the theory that relate the degree of polygamy, the relative value placed on men and women (as proxied by the respective amounts of "bloodwealth" prescribed for killing or wounding a man or a woman), and the degree of homosexuality to each other and to other variables, including the relative numbers of men and wo…
The Homeric Version of the Minimal State
The Antitrust Penalties
Journal Article The Antitrust Penalties: A Study in Law and Economics Get access The Antitrust Penalties: A Study in Law and Economics. By K. G. Elzinga and W. Breit. (London: Yale University Press, 1976. Pp. xii + 160, £7.20.)Antitrust Law. An Econometric Perspective. By R. A. Posner. (London: University of Chicago Press, 1976. Pp. x + 262. £11.25.) D. P. O'Brien D. P. O'Brien University of Durham Search for other works by this author on: Oxford…
A Reply to Professor Markovits
Economic Analysis of Law
Journal Article Economic Analysis of Law Get access Economic Analysis of Law. By R. A. POSNER. (Boston: Little, Brown & Company, 1972. Pp. xi + 415. 89-50.) David Newbery David Newbery Churchill College, Cambridge Search for other works by this author on: Oxford Academic Google Scholar The Economic Journal, Volume 85, Issue 338, 1 June 1975, Pages 421–424, https://doi.org/10.2307/2231019 Published: 01 June 1975
An Economic Approach to Legal Procedure and Judicial Administration
Theories of Economic Regulation
A major challenge to social theory is to explain the pattern of government intervention in the market - what we may call regulation. Properly defined, the term refers to taxes and subsidies of all sorts as well as to explicit legislative and administrative controls over rates, entry, and other facets of economic activity. Two main theories of economic regulation have been proposed. One is the theory, bequeathed by a previous generation of economi…
Economic Analysis of Law
Marking Scheme: mid-term tests 20% for the first test, 25% for the second test, in-class exercise 5%, final exam 50%. Term tests Mon., October 6; Mon., November 3, 4-5PM. Short exercise worth 5% done at end of class on September 17, no make-up. Absence from the tests will only be excused for serious illness, notified to me no later than the day after the test, with a note from a doctor that I deem sufficient. Workforce absenteeism averages 3%. An…
Economic Analysis of Law
Economic Analysis of Law, Eighth Edition, written by the pioneer in law and economics analysis, Richard A. Posner, remains the classic text in its field. This lucid, comprehensive casebook covers every aspect of the economic analysis of the law, including the common law, public regulation of the market, business organizations and financial markets, the distribution of income and wealth, the legal process, and the Constitution and the federal syst…
The Independent Judiciary in an Interest-Group Perspective
We believe that at a deeper level the independent judiciary is not only consistent with, but essential to, the interest-group theory of government. Part I of this paper explains our theory of the independent judiciary. Part II discusses several implications of the theory, relating to administrative regulation, the form of interest-group legislation, the tenure of judges, and constitutional adjudication. The appendix to this paper presents an empi…
Economic Analysis of Law
Antitrust
The authors have developed a natural order for students to understand the antitrust field based upon a division of the practices challenged into two groups. One group of competing firms eliminate competition purely among themselves. The second group of firms seek to exclude actual or potential competitors. In selecting and editing cases, the authors have preserved a sense of the historical development and jurisprudential character of antitrust la…
Economic Analysis of Law
Journal Article Economic Analysis of Law Get access Economic Analysis of Law. By R. A. POSNER. (Boston: Little, Brown & Company, 1972. Pp. xi + 415. 89-50.) David Newbery David Newbery Churchill College, Cambridge Search for other works by this author on: Oxford Academic Google Scholar The Economic Journal, Volume 85, Issue 338, 1 June 1975, Pages 421–424, https://doi.org/10.2307/2231019 Published: 01 June 1975
A Reply to Professor Markovits
Mr. Posner's Blueprint for Reforming the Antitrust Laws
The Antitrust Penalties
Journal Article The Antitrust Penalties: A Study in Law and Economics Get access The Antitrust Penalties: A Study in Law and Economics. By K. G. Elzinga and W. Breit. (London: Yale University Press, 1976. Pp. xii + 160, £7.20.)Antitrust Law. An Econometric Perspective. By R. A. Posner. (London: University of Chicago Press, 1976. Pp. x + 262. £11.25.) D. P. O'Brien D. P. O'Brien University of Durham Search for other works by this author on: Oxford…
The Homeric Version of the Minimal State
A Theory of Primitive Society, with Special Reference to Law
Anthropology and Economics
The advance of economics into the traditional domains of other social sciences has thus far largely overlooked anthropology. In this review article on Frederic Pryor's The Origins of the Economy I argue that economics has many fruitful applications to the study of primitive society. I fault Pryor's book for its lack of a theoretical framework and argue that such a framework can be derived from the economics of information and uncertainty. In part…
The Normative Basis of Economic Analysis
The Economics of Justice
Journal Article The Economics of Justice Get access The Economics of Justice. By Richard A. POSNER. (London: Harvard University Press, Ig8I. Pp. xiii + 415. £17.50.) Thomas Sharpe Thomas Sharpe Centre for Socio-Legal Studies, Wolfson College, Oxford Search for other works by this author on: Oxford Academic Google Scholar The Economic Journal, Volume 93, Issue 369, 1 March 1983, Pages 248–249, https://doi.org/10.2307/2232199 Published: 01 March 19…
Courting Disaster
Posner's Symphony No. 3
In the 100th year following the death of Franz Liszt, Richard Posner has published the third edition of his own classic work, The Economic Analysis of Law. This coincidence is in some sense fitting, for, in many respects, what Liszt was to the piano and musical composition, Posner is to legal scholarship and public policy. Just as Liszt was the dominant figure in the creation of the modem pianist, Posner has presided over the rise of law and econ…
Comment on Donohue
economic approach to law, emphasizing the utility of the Coase Theorem and the political neutrality of economics. I would not use quite the terms Donohue does to describe myself, but I cannot believe that the readers of this journal would be interested in what I have to say on that subject, so I shall hold my peace. I would not emphasize the Coase Theorem as much as Donohue does. The essential relevance of economics to law lies not in a
The Economic Structure of Tort Law
Conventionalism
Rhetoric and the Law
Entering with a Vengeance
Bork and Beethoven
Cardozo
Journal Article Cardozo: A Study in Reputation Get access Posner Richard A., Cardozo: A Study in Reputation. Chicago: The University of Chicago Press, 1990, xii, 156 pp. $18.95. John W. Johnson John W. Johnson University of Northern Iowa Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 35, Issue 3, July 1991, Pages 323–324, https://doi.org/10.2307/845976 Published: 01 July 1991
Political science (53 obras) · Law (44 obras) · Economics (37 obras) · Law and economics (37 obras) · Law (23 obras) · Sociology (23 obras) · Philosophy (17 obras) · Computer Science (14 obras) · Law, Economics, and Judicial Systems (14 obras) · Psychology (13 obras)