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Tug of War: Why You Should Care About the Global Currency Crisis
Paul Erdman Manufacturer: Palgrave Macmillan ProductGroup: Book Binding: Paperback Similar Items:
ASIN: 0312159005 |
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The "Asian Contagion" Reviewed........2004-08-21
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The Problematics of Moral and Legal Theory
Richard A. Posner Manufacturer: Belknap Press ProductGroup: Book Binding: Paperback Similar Items:
ASIN: 0674007999 |
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Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Holmes a century ago.
A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Customer Reviews:
Holmes Reincarnate!.......2004-05-11
Simply put, Federal Judge Richard Posner has a HUGE bone to pick with moral philosophy's belief that they can effect law (or much else for that matter) for the two reasons stated above: (a) morality, says Posner (rightly, i think) is relative - "no general proposition is worth a damn." (b) Moral philosophers are, by in large, pedants who take themselves much more seriously than anyone not a moral philosopher does.
Posner backs up and documents the futility of moral philosophy for law quite well. In fact, I came across this book while writing something to do with the abortion wars, which is used as an example of Posner's dilemma. The abortion contreversey has not been close to solved, despite moral philosophy's best efforts, because the matter is simply not one amenable to reason in the first place. One side sees a child; the other, a fetus. One side sees the mother's 'right; the other, the babie's 'right'. The fact is that for all of moral philosophy's talk that there is a 'right' answer in all of this (each side convinced that they posess it) the 'right' answer merely depends on which premises you accept (and will be unlikely talked out of as the conviction is emotional, not 'rational').
Posner goes on to outlay a theory of pragmatism that, as Holmes briefly touched on in "The Path of the Law" that first, acknowledges that "no general proposition is worth a damn," and that while theory has its place, so does practice and that the law needs to be much more cognizant of the latter than it has been.
If all this makes Posner seem like a post-modernist, that is because the difference (and there is a difference) is hard to decipher. Those post-modernists like Stanley Fish want to get rid of principle - "general propositons" - alltogether and see law as nothing but a game of political rhetoric. While Posner shares Fish's pessimism on general principles, he doesn't think they should be abandoned, but used pragmatically - not the caricature of using principles to justify ends wanted in advance, but to use them like we use rules of baseball; they are conventions and need to be seen as such (there is no 'natural law') but they exist and must exist to allow the game to be played. Posner explains much of this in the book (though it might take some read throughs to get it clear).
To close, I gave the book 4 stars becasue while Posner seemed to enjoy himself in trashing philosophy and law, one gets the feeling (as one so often does with Posner) that he has very little to put in its place. This may perfectly be his intent - that nothing can be put in its place. If so, he should point that out and explain why rather than just leaving us hanging. Oh well!
Simply put, this is the book (if "Sex and Reason" wasn't) that will ensure that should Posner get a Supreme Court nod, he will NEVER make it past the senate!
An intelligent and illuminating book, if too long.......2002-11-20
Take a simple example. Suppose that a robber is shot dead at the scene of the crime and, the shooter is charged with murder. Should he be convicted? A pacifist might say yes, since killing is always wrong. Others would say no, since he acted in self defense (killing is not always wrong). Others would say that it depends on whether he was threatened.
If you were the judge or the jury, who should you believe? Posner argues that you will believe the person who most closely approximates your preconceived beliefs. In other words, a pacifist prosecutor will have a hard time convincing anyone who believes in self-defense, since each and every moral philosophy can be countered by another moral philosophy.
Posner goes on to argue that moral philosophy can help us with things that we all agree on, like "democracy is good" and "freedom should be protected." The problem is that no case before a court ever deals with such broad disputes. Instead, each side lines up its moral arguments, and the judge basically ignores them all. Posner also shows that moral philosophy is of some use in changing what people agree is right, as with Martin Luther King, Jr.
In the down and dirty disputes before a judge, though, Posner says that we have to rely more on our gut reaction, economics, and sociology than moral theory. The judge must ask, "If I did X, would society be better off?" Posner calls this legal pragmatism, the hope that the law can be rationalized along empirical grounds. He is careful to distinguish this stance from philosophical pragmatism and moral relativism. The former worries only about ends, while Posner explicitly worries about means, and the latter would not allow anyone to ever say that "murder is wrong." Posner has no problem with moral precepts that everyone agrees with.
The downside of this book is that it is way too long. The first few chapters outline most of his argument, and the rest of the book deals with legal history and particular examples from supreme court cases. Law students might find these parts worthwhile. Those who are interested in philosophy and law should read this book, as should those who want a look at how judges think and work. Whether you agree with him or not, his exploration of the topic is cool and complete.
Enjoyable but Unconvincing.......2001-12-31
A Call for Judicial Neutrality.......2001-09-08
Posner at his best.......2000-12-02
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The Problematics of Moral and Legal Theory. (Book reviews: summaries and comments).(Brief Article) (book review): An article from: The Review of Metaphysics
Gerard Casey Manufacturer: Philosophy Education Society, Inc. ProductGroup: Book Binding: Digital ASIN: B0008IM1T2 Release Date: 2005-07-28 |
Book Description
This digital document is an article from The Review of Metaphysics, published by Philosophy Education Society, Inc. on March 1, 2001. The length of the article is 735 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
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The Problematics of Moral and Legal Theory.(Review) (book review) (book review) : An article from: Constitutional Commentary
Daniel A. Farber Manufacturer: Constitutional Commentary, Inc. ProductGroup: Book Binding: Digital ASIN: B00099NZ1I Release Date: 2005-07-28 |
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This digital document is an article from Constitutional Commentary, published by Constitutional Commentary, Inc. on December 22, 1999. The length of the article is 6894 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
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THE PROBLEMATICS OF MORAL AND LEGAL THEORY.(Review): An article from: First Things: A Monthly Journal of Religion and Public Life
David M. Smolin Manufacturer: Institute on Religion and Public Life ProductGroup: Book Binding: Digital ASIN: B00098W2SQ Release Date: 2005-07-28 |
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This digital document is an article from First Things: A Monthly Journal of Religion and Public Life, published by Institute on Religion and Public Life on August 1, 1999. The length of the article is 1400 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
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THE PROBLEMATICS OF MORAL AND LEGAL THEORY.(Review): An article from: Theological Studies
Robert John Araujo Manufacturer: Theological Studies, Inc. ProductGroup: Book Binding: Digital ASIN: B0008GR3HY Release Date: 2005-07-28 |
Book Description
This digital document is an article from Theological Studies, published by Theological Studies, Inc. on March 1, 2000. The length of the article is 762 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
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Modeling the Economic Performance of Yugoslavia:
James H. Gapinski , Borislav Skegro , and Thomas W. Zuehlke Manufacturer: Praeger Publishers ProductGroup: Book Binding: Hardcover ASIN: 0275933857 |
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The culmination of work begun in 1985 by the authors under the joint sponsorship of the Ekonomski Institut Zagreb and Florida State University, this book posits the most comprehensive and relevant model yet developed to explain the workings of Yugoslavia's economy. The authors have developed a model that is both theoretically oriented and empirically relevant--ensuring its appropriateness for recommending and evaluating alternative policy remedies for the acute problems of inflation, unemployment, and foreign trade now facing Yugoslavia, a country until recently noted for its economic successes. Already chosen to represent Yugoslavia in the ongoing international Project LINK, a global system for tracking and forecasting the economic conditions of some eighty countries and regions, the model is distinguished by its policy emphasis and by its ability to capture the fundamental divisions of the Yugoslav economy. Students and scholars of socialism, Marxism, and comparative economics will find this a major contribution to the literature of economic modeling. The book begins by providing essential background information about Yugoslavia including highlights of the country's economic experience, special features of its economic structure, the composition of its political system, the operation of its financial system, and the behavior of firms. Part two includes four chapters which examine the different components of the Yugoslav economy and review the theoretical basis and empirical performance of the equations which describe those components. A separate chapter presents the complete model, called the EIZFSU Mark 1.0 in recognition of its major sponsoring institutions. In the final part, the model is used to study policies for improving the performance of the economy and obstacles to their implementation. An appendix describes and quantifies the variables used in the model while a list of references provides additional information for the researcher who wishes to pursue further study in this area.
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Crisis and Opportunity in a Changing Japan
William R. Farrell Manufacturer: Quorum Books ProductGroup: Book Binding: Hardcover ASIN: 1567202950 |
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Despite the recent economic crisis, Japan still accounts for two-thirds of the entire Asian economy. However, in 1998, unemployment reached an historic high, the stock market plummeted, financial institutions were failing, and bankruptcies were a daily occurrence. William Farrell analyzes the discord in the political, bureaucratic, and business arenas and offers a candid look at opportunities and strategies now open to U.S. business. This timely book allows the reader to comprehend and act upon these public and private sector changes taking place in one of the world's largest economies. Former Vice President of the United States and Ambassador to Japan, Walter F. Mondale, provides a foreword. The book also includes a comprehensive chronology of key events from 1994 through to the present. The connections between Japanese business and government are shown in graphic form. The recent history of the Japanese economy is revealed with a fascinating look at the inner working of the nation's most influential organizations. Additionally, U.S. and Japanese leadership and decision-making styles are compared, and the myth of a never-changing Japan is challenged. After reviewing and analyzing these key issues, the concluding chapter discusses how one becomes a participant in the process and identifies emerging opportunities. As a practical resource of useful and current information, this book cuts through false predictions of doom and demystifies the complexity of the Japanese bureaucracy.
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Crisis and Opportunity in a Changing Japan
William R. Farrell Manufacturer: Greenwood Pub Group 01/1//1999 ProductGroup: Book Binding: Paperback ASIN: B000N5MW9E |
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How to advertise on the Internet: An introduction to Internet-facilitated marketing and advertising
Michael Strangelove Manufacturer: Strangelove Internet Enterprises ProductGroup: Book Binding: Unknown Binding ASIN: B0006F65ZI |
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Texas Credit Code Handbook (Business Practice Library)
Dan L. Nicewander , J. Scott Sheehan , and Richard Barr West Manufacturer: Wiley Law Pubns ProductGroup: Book Binding: Hardcover ASIN: 0471575690 |
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The Dissatisfied Customer: How to Achieve the Compensation You Deserve
Gerald Mark Breen , and Jonathan Matusitz Manufacturer: AuthorHouse ProductGroup: Book Binding: Paperback ASIN: 141848802X |
Book Description
The Dissatisfied Customer: How to Achieve the Compensation You Deserve is designed to offer strategies and guidance to dissatisfied customers who wish to seek compensation for their poor customer experiences. Included in this book are various tactics and approaches that are aimed at tackling any given complaint a consumer may have about a company or service. By utilizing these strategic approaches, the dissatisfied consumer can contact a company and successfully receive compensation for the poor service experience. The content and wisdom displayed in this book are drawn from the extensive expertise of the authors, as they have spent ample years working in the realm of customer service. This book will provide the reader with an effective, yet simple manual for seeking compensation for inferior customer experiences.Customer Reviews:
A Critical Review.......2004-09-23
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Financial Markets and European Monetary Cooperation: The Lessons of the 1992-93 Exchange Rate Mechanism Crisis.(Review): An article from: Southern Economic Journal
Anup Wadhawan Manufacturer: Southern Economic Association ProductGroup: Book Binding: Digital ASIN: B00098LK8O Release Date: 2005-07-28 |
Book Description
This digital document is an article from Southern Economic Journal, published by Southern Economic Association on January 1, 1999. The length of the article is 1468 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
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Globalizacion, Imperialismo Y Clase Social
James Petras Manufacturer: Sites/Lumen Books ProductGroup: Book Binding: Paperback ASIN: 9870000908 |
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Sweden Business & Investment Opportunities Yearbook (World Investment & Business Opportunities Library)
USA International Business Publications Manufacturer: International Business Publications, USA ProductGroup: Book Binding: Paperback ASIN: 0739713612 |
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This yearbook contains information on investment business opportunities, international economic projects, tenders, government projects, marketing and export-import opportunities information.
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Sweden Business And Investment Opportunities Yearbook
Manufacturer: International Business Publications, USA ProductGroup: Book Binding: Paperback ASIN: 0739786962 |
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