By Richard A. Posner
ISBN-10: 0674649265
ISBN-13: 9780674649262
Felony idea needs to turn into extra genuine and empirical and not more conceptual and polemical, Richard Posner argues during this wide-ranging new booklet. the themes coated contain the constitution and behaviour of the criminal occupation; constitutional concept; gender, intercourse, and race theories; interdisciplinary ways to legislations; the character of felony reasoning; and felony pragmatism. Posner analyzes, in witty and passionate prose, colleges of inspiration as diverse as social constructionism and institutional economics, and students and judges as varied as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He additionally engages difficult concerns in felony conception that diversity from the motivations and behaviour of judges and the position of rhetoric and analogy in legislation to the reason for privateness and blackmail legislations and the legislation of employment contracts. even though written via a sitting pass judgement on, the booklet doesn't steer clear of controversy; it comprises frank value determinations of radical feminist and race theories, the habit of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual habit. all through, the booklet is unified via Posner's certain stance, that's pragmatist in philosophy, monetary in technique, and liberal (in the experience of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it'll make a massive contribution to the controversy in regards to the position of legislation in our society.
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Extra info for Overcoming Law
Example text
Again, it is acknowledged that some impacts, “particularly environmental ones” are difficult to value, and therefore it is recommended to “set out the process from qualitative to quantified to monetised estimates in a transparent manner and avoid a black-box approach”. As regards the range of quantitative methods, the Guidelines confirm the observation made above, but at the same time in a subtle way show a preference for a certain type, by saying “ … quantitative techniques, varying from simple extrapolation – … – through to proper quantitative modelling”.
As regards IA systems in EU member states, the EVIA results reveal certain confusion between “IA” and “administrative burden assessment”, which is the dominant motive in most jurisdictions. This assessment type belongs to the “RIA-family” and is predominantly based on the “Standard Cost Model” (SCM) methodology, which covers only administrative costs for businesses caused by information obligations. Actors involved in this type of assessment are often not aware of the use of IA as a tool for policy integration, and are also used to analysis based on monetised data only.
The EVIA project calls on policy-makers to recognise that the use of sophisticated methodologies is not a panacea. The researchers also observe the expectation that assessments provide a “straightforward guide to decisions”, while in practice this can only be achieved with more “technical” IAs for very specific policy options. According to the authors, in more complex cases assessments reveal that policies have a wide range of consequences, which cannot be easily weighed up. They conclude that further development of methodologies is useful, but should be seen as a step towards more transparency and a better understanding of the questions involved with the policy proposal (Jacob et al, 2008).
Overcoming Law by Richard A. Posner
by Steven
4.5