Judge Posner's Challenge to the Philosophy of Law

Pozner's challenge to the legal philosophy Abstract: This paper analyzes Richard Posner's theory of judicial behavior. His theory is against the traditional view that judges are not influenced by external pressure, so their judicial decisions will be based on selfless understanding of the law. As economics believes that all people, including judges, are trying to maximize their utility, Posner believes that the traditional view is awkward and the judge is irrational.

The famous American legal philosopher Ronald Dworkin and Richard Posner work in the field of political philosophy and law. Posner is known for the economic analysis of his law, the theory to understand legal rules and institutions using microeconomics. Dworkin is known for his book "The Law of the Empire", legal theory of honesty and legal interpretiveism. Alvin Plantinga is a Christian analytical philosopher and in his modal version of his ethical logic, the evolutionary rationale of naturalism, the proper fundamental position of belief in the existence of God, and ontological argument I am advocating. . The presence of God Michael C. Rea invented the idea of ​​Plantinga and claimed that both naturalism and supernaturalism are research projects that must be used as the basis for research.

In 1972, Judge Richard Posner wrote an article entitled "Theory of Negligence" and claimed that all tort laws improved economic efficiency further. The judge did not express an opinion on welfare economics, but he insisted that he always tried to decide the case based on this. "People can intuitively apply the principles of economics, so you can do economics without knowing that they are doing it." 79 Therefore, Posner Argues that Carol traction is not a new concept. The court has applied for .80 for a long time.