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31 - Overcoming pragmatism

Published online by Cambridge University Press:  05 June 2012

Stephen Sedley
Affiliation:
Judiciary of England and Wales
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Summary

Reviewing Judge Richard Posner's book Overcoming Law for the London Review of Books in 1995, and having read some of his many other writings, I had formed a mental image of a pugnacious, fast-talking polymath who would tolerate no contradiction. When, not long afterwards, Posner (then chief judge of the Seventh Circuit Court of Appeals) became an honorary bencher of the Inner Temple, I met a quiet-spoken man who was interested in other people's ideas. This is one of several reasons why it is better not to know the authors you are reviewing.

The sixth form at the boys' boarding school where I was educated was addressed on one occasion by an outside speaker, a sanctimonious pedagogue who announced to us that he and his wife – bootfaced on the platform beside him – had overcome sex. He counselled us to do the same. To an audience of overheated seventeen-year-olds whose only ambition was for sex to overcome them, the proposition was as mystifying as a book written by a judge and called Overcoming Law.

The judge in this case, Richard Posner, is the Chief Judge of the United States Court of Appeals for the Seventh Circuit. He is also a senior lecturer in law at Chicago University and a widely published polemicist. At the heart of his polemics are three pulses, legal pragmatism, Millian liberalism and legal economics, which Posner believes beat in sympathy.

Type
Chapter
Information
Ashes and Sparks
Essays On Law and Justice
, pp. 302 - 310
Publisher: Cambridge University Press
Print publication year: 2011

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