Beyond the law

Author: Richard A. Posner
Publisher:
Publish Date: 2001-11-01
Features: Whenever readers have encountered Posner's works, they are invariably impressed by his sharp intellect, unique perspective, breadth of research, and profound understanding of the American legal system and judicial framework. Beyond Law is another important work in legal theory by Posner. The author himself refers to this book, along with his 1990 work Problems in Jurisprudence and his 1999 Moral and Legal Theory: A Reader, as his trilogy in legal theory. Moreover, Beyond Law was even listed as an academic bestseller in the New York Review of Books in 1995. "This book not only provides a systematic exposition of Posner's own legal thought, particularly his judicial philosophy and intellectual origins, but also, in terms of the academic scope and topics it covers, is worthy of being considered one of Posner's representative works." Indeed, for readers 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, as well as their preliminary familiarity with 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 known as "fusion of horizons" and realizing certain truths about law or even about life and society. Because this is not a utilitarian legal book, but rather a work with a broad perspective that legal issues, "just as its title suggests, it is 'beyond law.'" The translator believes that legal theory faces "some kind of dilemma" in the Chinese legal academy. In fact, this is just as true in the practical field. Once it comes to legal theory, many people inevitably mention "rule of law, constitutionalism, justice, fairness," and other "advanced theories" and "grand legal terms." However, the deeper meaning of legal theory for judges goes far beyond this. Judges must shed the "craftsmanship" of the "" and undergo a transformation to become scholars or even "experts." They "must broaden the research horizons of theoretical law."