ABSTRACT
Discuss the significant features of Judge Richard Posner ’s ‘pragmatic jurisprudence’.
Posner (b 1939) has been described as one of the most influential thinkers in contemporary American jurisprudence. A judge, law lecturer and writer on various aspects of jurisprudence, he has adapted aspects of philosophical pragmatism so as to fashion a new approach to the very pressing problems faced by contemporary jurists. He emphasises the need for very close links between philosophy and legal theorising and rejects the views of those who are occupied with an apparently fruitless search for absolutes and ‘eternal verities’ in the law. An answer will set out the essence of pragmatism and will show how Posner views the contribution of his jurisprudential thought to the general approach of legal realism. The following outline plan is used:
Introduction – Posner ’s views on the links between philosophy and jurisprudence – essence of philosophical pragmatism – pragmatism and the problems of the law – styles of reasoning – Posner’s ‘Pragmatic Manifesto’ – some critical views of pragmatic jurisprudence – conclusion, what pragmatism has to offer law in our day.
