The Problematics of Moral and Legal Theory

Richard A. Posner

    PART 1: THE WRONG TURN

    1. Moral Theory

    Introduction: From Moral Realism to Pragmatic Moral Skepticism

    Understanding Morality

    The Academic Moralist and the Moral Entrepreneur

    Professionalism's Cold Grip

    2. Legal Theory, Moral Themes

    Jurisprudence and Moral Theory

    Moral Theory Applied Directly to Law

    Some Famous "Moral" Cases

    Constitutional Theory

    PART 2: THE WAY OUT

    3. Professionalism

    The Two Professionalisms

    The Supersession Thesis

    4. Pragmatism

    The Pragmatic Approach to Law

    Postmodernism Distinguished

    Some Institutional Implications of Legal Pragmatism

    Index

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Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.