Whos a modern judicial pragmatist?
“Well, the pre-eminent modern pragmatist jurist is Judge Posner . . . ” posted by willbaude Willbaude, Judge Posner is really amazing and I like many of his decisions. However, the law and economics school is very much a defined subset of pragmatism. In Posner’s introduction to his book “overcoming Law” he identifies areas of public and legal conflict that the tools and language of economics cannot properly address. My current hypothesis is that there are levels of decision making where either Consequentialist pragmatism or Duty Analysis pragmatism must be chosen. I *think* these situations may be identifiable, and I *think* that such an identification or decision making criteria would be a wonderful tool for modern jurisprudence. Of course, this puts rationalist and empirical schools eye to eye. Blending the two is not a proposition many academics would accept.
