Judge Posner\u27s Jurisprudence of Skepticism

Abstract

This essay suggests that there is an instructive incompleteness in Judge Posner\u27s transition from scientific observer to legal actor. His legal skepticism should be understood as a legacy of his days as an inquiring economist, observing and forming beliefs about law and the judicial process from the academy. His affirmation of judicial practices stems from his new respect for practical reason, which seems to result from the experience of performing judicial duties. This essay will argue that a more complete assimilation of the practical perspective of the legal actor would undercut Judge Posner\u27s arguments for legal skepticism

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