Posner and Gates

Marta Russell ap888 at lafn.org
Wed Dec 1 09:41:40 PST 1999


Michael Pugliese wrote:


> Posner is damn prolific, pieces in The New Republic
> and National Review pretty frequently. Tons of books, "Sex
> and Reason,"(!!!) and one on impeachment that just came
> out.Just checked at amazon.com, the guy has over a dozen
> books at least. Anybody in law school ora law school
> professor, on lbo list, to summarize Posner and the law
> and econ folks to us non-lawyer
> types? Michael
> Pugliese

Law and Economics theory embraces the anti-statist, individualist philosophy of libertarianism. It can be generally interpreted as a conservative approach suspicious of public (government) intervention, pro-laissez faire (complete governmental non-interference with business, the market if left unfettered will solve social ills), and oriented towards wealth maximization (law and economic ideology strips away distributive considerations in guiding common law adjudication or economic goals). Posner states “There is for good or ill nothing in the ethic of wealth maximization which says that society has a duty to help the needy ...it has no right to force the productive people to support the unproductive.”

The Law and Economics movement positions itself against civil rights (advocating non interference by government in business and personal relations), natural rights (denying their existance), and the validity of social contracts between people and their government (contrary to Locke). It is perhaps best expressed in former Prime Minister Margaret Thatcher’s famous line, “There is no such thing as society. There are individual men and women, and there are families. And no government can do anything....”

That is why I think Posner will manipulate the mediation to the pirateer Gate's benefit.

marta russell



More information about the lbo-talk mailing list