Beyond the Law (American Legal Library) (American Legal Library)

Author: Posner
Publisher:
Publish Date: 2001-11-01
Features: Anyone who has read Posner's works is impressed by his sharp thinking, unique perspective, breadth of research, and profound understanding of the American legal system and judicial system. Beyond Law is another important work in legal theory by Posner. The author himself calls this book, along with his 1990 work Problems in Jurisprudence and his 1999 work The Problem of Theory in Legal Philosophy, his trilogy in legal theory, and Beyond Law even made it onto the list of academic bestsellers in the New York Review of Books in 1995. "This book not only provides a systematic exposition of Posner's legal philosophy and judicial philosophy so far, but also, in terms of the academic scope and topics it covers, is enough to serve as a representative work of Posner." Indeed, for readers who are accustomed to textbook-style works in legal theory or the typical "monograph paradigm," this book may seem "strange and difficult to read." The key to understanding it lies in readers' efforts to immerse themselves in the author's context, and readers need a preliminary understanding of Western and American legal and philosophical traditions. In this way, perhaps at "some unspecified moment, you will suddenly connect the author's perspective with your own concerns," achieving what is called "fusion of horizons" and suddenly realizing certain truths about law or even about life and society. Because this is not a tool-based legal book, but a work with a broad perspective that from legal issues, "just as its title suggests, it is 'beyond law.'" The translator believes that legal theory is "facing some kind of dilemma" in the Chinese legal academia. In fact, this is no less true in the practice. Once it comes to legal theory issues, many people must mention "rule of law, constitutionalism, justice, fairness," and other "advanced theories" and "grand legal terms." However, the depth of legal theory for judges goes far beyond this. Judges must shed the "craftsmanship" of the "" and become scholars or even "scholars," "must broaden the research horizons of theoretical law."