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波斯纳
本书是著名法官波斯纳的传记。
波斯纳，1959年以最优生毕业于耶鲁大学英文系，1962年以全年级第一名毕业于哈佛法学院，并曾担任过《哈佛法学评论》主编。1962年毕业后，他曾在联邦最高法院担任大法官布冉能法律助手一年，并先后在其他政府机关任职，同时开始接触并自学经济学，形成了他的学术思想。1968年，他加入斯坦福大学法学院，成为副教授；1969年，他来到芝加哥大学担任教授；1973年出版著作《法律经济学分析》，给整个法律界带来了一场“革命”（《纽约书评》语）；1978年以后成为法学院讲座教授。1981 年，里根总统提名他出任联邦第七上诉法院法官，并在1993年到2000年间因为资深担任首席法官（院长）。2017年，波斯纳法官宣布退休。
任职法官期间，波斯纳一直担任芝加哥大学法学院的高级讲师；每年至少上两门课。同时，他每年平均撰写80件以上的上诉审判决意见，这个数量之多位居美国联邦上诉审法官第一（比美国联邦上诉审法院法官撰写的司法意见平均数大约高出两倍），他的上诉审判决意见为其他联邦上诉法院引用率也位居同行前茅（大致高出平均数3倍）。他的学术著作也是如此，研究发现，1978年以后出版的引证率排名前50本法学著作中，波斯纳就占了4本（并属于前24本之列），数量第一；他的总引证率也是有史以来排第一（7,981次），比位居第二名的学者（德沃金，4,488次）高出近 80％。无怪乎，一个有关波斯纳的幽默就是，“谣言说，波斯纳每天晚上都睡觉”。
波斯纳法官对这本传记的写作给予了极大的支持，不仅授权作者使用芝加哥大学图书馆所收藏的波斯纳的档案资料，还接受了多次面对面访谈和大量的邮件提问。在此基础上，还有超过200位波斯纳的同事、同学、朋友为本书的写作提供了帮助。这些确保了本书真实地描述和回顾了波斯纳的人生与智识。
波斯纳，1959年以最优生毕业于耶鲁大学英文系，1962年以全年级第一名毕业于哈佛法学院，并曾担任过《哈佛法学评论》主编。1962年毕业后，他曾在联邦最高法院担任大法官布冉能法律助手一年，并先后在其他政府机关任职，同时开始接触并自学经济学，形成了他的学术思想。1968年，他加入斯坦福大学法学院，成为副教授；1969年，他来到芝加哥大学担任教授；1973年出版著作《法律经济学分析》，给整个法律界带来了一场“革命”（《纽约书评》语）；1978年以后成为法学院讲座教授。1981 年，里根总统提名他出任联邦第七上诉法院法官，并在1993年到2000年间因为资深担任首席法官（院长）。2017年，波斯纳法官宣布退休。
任职法官期间，波斯纳一直担任芝加哥大学法学院的高级讲师；每年至少上两门课。同时，他每年平均撰写80件以上的上诉审判决意见，这个数量之多位居美国联邦上诉审法官第一（比美国联邦上诉审法院法官撰写的司法意见平均数大约高出两倍），他的上诉审判决意见为其他联邦上诉法院引用率也位居同行前茅（大致高出平均数3倍）。他的学术著作也是如此，研究发现，1978年以后出版的引证率排名前50本法学著作中，波斯纳就占了4本（并属于前24本之列），数量第一；他的总引证率也是有史以来排第一（7,981次），比位居第二名的学者（德沃金，4,488次）高出近 80％。无怪乎，一个有关波斯纳的幽默就是，“谣言说，波斯纳每天晚上都睡觉”。
波斯纳法官对这本传记的写作给予了极大的支持，不仅授权作者使用芝加哥大学图书馆所收藏的波斯纳的档案资料，还接受了多次面对面访谈和大量的邮件提问。在此基础上，还有超过200位波斯纳的同事、同学、朋友为本书的写作提供了帮助。这些确保了本书真实地描述和回顾了波斯纳的人生与智识。
428 pages, Hardcover
First published September 23, 2016
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Displaying 1 - 6 of 6 reviews
September 3, 2016
Truth be told, I didn't enjoy law school (one of the reasons I don't practice law). Despite this, I enjoy learning about jurisprudential theory, especially methods of constitutional interpretation. Even as a 1L, I found myself intrigued by Judge Richard Posner's decisions. I didn't always agree with his reasoning, but always felt I learned something from having read his decisions. Years later, I read some of Posner's law and economics work, which made a strong case for common law judging. As such, I was pretty primed for William Domnarski's biography of Richard Posner.
Writing a biography of a judge (even a Supreme Court justice) can be tricky. Unlike presidents and famous politicians, the general public doesn't necessarily know or care about most judges. Why would anyone want to read about a judge on the 7th Circuit Court of Appeals? Domnarski makes the case that we should treat Posner as a public intellectual at least as much as a judge. He focuses on Posner's professional life, his scholarship, and his work as a judge. This book is about Richard Posner the public intellectual, not Richard Posner the man.
That said, I don't think I would have fully grasped the significance of Posner's contribution to the law had I not read some of his decisions and articles before reading Domnarski's book. Domnarski summarizes Posner's major intellectual achievements, but never really provides the intellectual context to help readers understand their importance. For example, Domnarski mentions a seminal debate between Ronald Dworkin and Posner at an academic conference, but barely discusses the substance of the debate. In other parts of the book, Domnarski mentions Posner's attempts to analyze sex through a law and economics framework, but never explains those insights to the reader (although admittedly he intrigued me enough to track down Posner's original article).
The book is surprisingly candid about Posner (in large part because Posner is surprisingly candid about himself). Domnarski did his research and contacted people who worked with Posner, including academic colleagues and former clerks. Not all of the anecdotes are pleasant. Posner seems to operate on a different plane emotionally and intellectually than most people. He can come across as brusque or even cruel at times, such as when he questions his love for his parents. He is downright dismissive of anybody who doesn't meet his high standards. Yet, he's also undeniably brilliant and productive. The book is a fascinating look at a public figure not constrained by the normal rules of political correctness or public etiquette.
To the extent that non-lawyers know anything about legal interpretation, they probably equate textualism with the conservative faction and active liberty with the liberals. Posner presents a third option, one that doesn't fall along the liberal-conservative spectrum. Posner has called for a more pragmatic approach to judging and using economic reasoning to resolve ambiguities. Posner often butted heads with Scalia on questions of constitutional interpretation (some of their exchanges as recounted by Domnarski were quite bitter). Such public debates about legal methodologies are increasingly important in an era when judges are viewed as partisan legislating from the bench. Domnarski's book will hopefully introduce more readers to Posner's ideas and works.
Writing a biography of a judge (even a Supreme Court justice) can be tricky. Unlike presidents and famous politicians, the general public doesn't necessarily know or care about most judges. Why would anyone want to read about a judge on the 7th Circuit Court of Appeals? Domnarski makes the case that we should treat Posner as a public intellectual at least as much as a judge. He focuses on Posner's professional life, his scholarship, and his work as a judge. This book is about Richard Posner the public intellectual, not Richard Posner the man.
That said, I don't think I would have fully grasped the significance of Posner's contribution to the law had I not read some of his decisions and articles before reading Domnarski's book. Domnarski summarizes Posner's major intellectual achievements, but never really provides the intellectual context to help readers understand their importance. For example, Domnarski mentions a seminal debate between Ronald Dworkin and Posner at an academic conference, but barely discusses the substance of the debate. In other parts of the book, Domnarski mentions Posner's attempts to analyze sex through a law and economics framework, but never explains those insights to the reader (although admittedly he intrigued me enough to track down Posner's original article).
The book is surprisingly candid about Posner (in large part because Posner is surprisingly candid about himself). Domnarski did his research and contacted people who worked with Posner, including academic colleagues and former clerks. Not all of the anecdotes are pleasant. Posner seems to operate on a different plane emotionally and intellectually than most people. He can come across as brusque or even cruel at times, such as when he questions his love for his parents. He is downright dismissive of anybody who doesn't meet his high standards. Yet, he's also undeniably brilliant and productive. The book is a fascinating look at a public figure not constrained by the normal rules of political correctness or public etiquette.
To the extent that non-lawyers know anything about legal interpretation, they probably equate textualism with the conservative faction and active liberty with the liberals. Posner presents a third option, one that doesn't fall along the liberal-conservative spectrum. Posner has called for a more pragmatic approach to judging and using economic reasoning to resolve ambiguities. Posner often butted heads with Scalia on questions of constitutional interpretation (some of their exchanges as recounted by Domnarski were quite bitter). Such public debates about legal methodologies are increasingly important in an era when judges are viewed as partisan legislating from the bench. Domnarski's book will hopefully introduce more readers to Posner's ideas and works.
May 2, 2017
Informative chronological overview of Richard Posner’s life and thought, including his college years and early days practicing law for the government, his entry into academia, his life as a circuit judge, and the publication of a stream of books over the last few decades. I wish the book had more thoroughly explored Posner’s refutation of formalism in law, and how law and economics, and then later, pragmatism (and using insights from other fields of science in legal thought), offer better methods for bringing reality and clarity to the practice of law.
For understanding the development and history of the law & economics movement, this book is first rate. For understanding other aspects of Posner's life, there are complications in its approach. The author breaks down chapters into themes such as “Books and Articles”, “Clerks”, “Supreme Court Review” and then digs into those topics as discrete little essays, which I found distracting and artificial. I am pretty certain that other biographies of public intellectuals (authors, politicians, musicians) do not impose this categorical purity into their approach and development of someone’s life. Still, I recommend this book to anyone who is interested in the law and economics movement, or those wishing to understand Richard Posner better, or those more generally interested in what scholarly and important thinking emanates from the legal profession.
Richard Posner is one of the most important and impressive intellectuals we have today, and approaching his thought through the biographical lens aids our understanding of it. This is one of the reasons for biography, beside mere curiosity, in my mind – I can know better the works and thoughts of others when I can read about the course and development of their life. If only I had time for that biography of Thomas Hardy….
For understanding the development and history of the law & economics movement, this book is first rate. For understanding other aspects of Posner's life, there are complications in its approach. The author breaks down chapters into themes such as “Books and Articles”, “Clerks”, “Supreme Court Review” and then digs into those topics as discrete little essays, which I found distracting and artificial. I am pretty certain that other biographies of public intellectuals (authors, politicians, musicians) do not impose this categorical purity into their approach and development of someone’s life. Still, I recommend this book to anyone who is interested in the law and economics movement, or those wishing to understand Richard Posner better, or those more generally interested in what scholarly and important thinking emanates from the legal profession.
Richard Posner is one of the most important and impressive intellectuals we have today, and approaching his thought through the biographical lens aids our understanding of it. This is one of the reasons for biography, beside mere curiosity, in my mind – I can know better the works and thoughts of others when I can read about the course and development of their life. If only I had time for that biography of Thomas Hardy….
November 23, 2016
Reading snippets from Posner's letters to the likes of Nussbaum was great. The writing style is very direct though.
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October 17, 2016William Domnarski, AM'78
Author
From our pages (Nov/16): "Judge Richard Posner, a senior lecturer at the University of Chicago Law School, has served for 35 years on the US Court of Appeals for the Seventh Circuit. His opinions, which he writes himself, have been cited more often than those of any other American judge. In the first full-length biography of Posner, lawyer and legal writer William Domnarski draws on interviews with the judge and more than 200 of his colleagues and acquaintances, as well as on Posner’s own writing, to show how the often-controversial jurist has emerged as one of the country’s most influential thinkers."
Author
From our pages (Nov/16): "Judge Richard Posner, a senior lecturer at the University of Chicago Law School, has served for 35 years on the US Court of Appeals for the Seventh Circuit. His opinions, which he writes himself, have been cited more often than those of any other American judge. In the first full-length biography of Posner, lawyer and legal writer William Domnarski draws on interviews with the judge and more than 200 of his colleagues and acquaintances, as well as on Posner’s own writing, to show how the often-controversial jurist has emerged as one of the country’s most influential thinkers."
November 4, 2025
Too much of a French style biography (with all this needless information that at least taught me how to skim), but there was much to love. I am less like Posner, and like him less I think, than I thought before reading it. He is too mean, or inconsiderate, too mechanical and Darwinian, has too much faith in social "science." But I love him; so much I read filled me with recognition, affection, admiration.
I don't recommend this to anyone--there is too little they would care about. I will write a longer reflection on it later, parts or all of which I will append here.
I don't recommend this to anyone--there is too little they would care about. I will write a longer reflection on it later, parts or all of which I will append here.
December 21, 2016
Better than Posner's Wikipedia Page--But No More
For any lawyer in awe of the influence of Jude Posner on the law, it's a good read. But no more.
There is not unifying narrative or theme tying the work together. It moves summarily from one portion of Posner's life to another à la Wikipedia, but no better.
For any lawyer in awe of the influence of Jude Posner on the law, it's a good read. But no more.
There is not unifying narrative or theme tying the work together. It moves summarily from one portion of Posner's life to another à la Wikipedia, but no better.
Displaying 1 - 6 of 6 reviews