Catastrophe: Risk and Response

Catastrophes, whether natural or man-made, that could destroy the human race are often dismissed as alarmist or fanciful, the stuff of science fiction. In fact the risk of such disasters is real, and growing. A collision with an asteroid that might kill a quarter of humanity in 24 hours and the rest soon after; irreversible global warming that might flip, precipitating "snowball earth;" voraciously replicating nanomachines; a catastrophic accident in a particle accelerator that might reduce the earth to a hyperdense sphere 100 meters across; a pandemic of gene-spliced smallpox launched by bioterrorists; even conquest by superintelligent robots-all these potential extinction events, and others, are within the realm of the possible and warrant serious thought about assessment and prevention. They are attracting the concern of reputable scientists--but not of the general public or the nation's policymakers. How should the nation and the world respond to disaster possibilities that, for a variety of psychological and cultural reasons, people find it hard to wrap their minds around? Richard Posner shows that what is needed is a fresh, thoroughly interdisciplinary perspective that will meld the insights of lawyers, economists, psychologists, and other social scientists with those of the physical sciences. Responsibility for averting catastrophe cannot be left either to scientists or to politicians and other policymakers ignorant of science. As in many of his previous books, Posner brings law and the social sciences to bear on a contemporary problem-in this case one of particular urgency. Weighing the risk and the possible responses in each case, Posner shows us what to worry about and what to dismiss, and discusses concrete ways of minimizing the most dangerous risks. Must we yield a degree of national sovereignty in order to deal effectively with global warming? Are limitations on our civil liberties a necessary and proper response to the danger of bioterror attacks? Would investing more heavily in detection and interception systems for menacing asteroids be money well-spent? How far can we press cost-benefit analysis in the design of responses to world-threatening events? Should the institutional framework of science policy be altered? we need educational reform? Is the interface of law and science awry? These are but a few of the issues canvassed in this fascinating, disturbing, and necessary book.

Posner, Richard A.

Oxford University Press

Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.

Not a Suicide Pact: The Constitution in a Time of National Emergency (Inalienable Rights)

Constitutional Law

Catastrophic risks are much greater than is commonly appreciated. Collision with an asteroid, runaway global warming, voraciously replicating nanomachines, a pandemic of gene-spliced smallpox launched by bioterrorists, and a world-ending accident in a high-energy particle accelerator, are among the possible extinction events that are sufficiently likely to warrant careful study. How should we respond to events that, for a variety of psychological and cultural reasons, we find it hard to wrap our minds around? Posner argues that realism about science and scientists, innovative applications of cost-benefit analysis, a scientifically literate legal profession, unprecedented international cooperation, and a pragmatic attitude toward civil liberties are among the keys to coping effectively with the catastrophic risks.

Richard Posner is famous throughout the legal world for his pioneering and controversial espousal of the belief that the study of law cannot be divorced from the study of economics. Here, in this volume of essays based upon his Clarendon Lectures, he explores the relationship between the legal systems of the UK and USA. The essays range widely over themes which will be familiar to many students and teachers of law: in the first essay he compares the work of the two most prominent writers on jurisprudence in the second half of this century, one English (HLA Hart) and one American (Ronald Dworkin). His controversial conclusion that trying to define "law" is futile, distracting and illustrative of the impoverishment of traditional legal theory will fascinate students of legal theory. In the second essay he examines a number of English cases drawn primarily from the two fields in which English and American law overlap most completely - torts and contracts. Here he argues that while in general English judges use their common sense effectively to approximate the results that an economic analyst would recommend they would do even better if they were more receptive to the economic approach to the common law - if they were, in other words, a little more like American judges. In the third essay he examines the differences between the English and American legal systems at the administrative or operational level as distinct from the jurisprudential and doctrinal levels. The conclusions drawn from his analysis challenge traditional orthodoxy. His concluding advice to law reformers in both jurisdictions is that piecemeal reform of either system is to be avoided. In this short and highly readable work readers will find much that will delight, stimulate, and challenge them. It is a book to be read by all students and scholars of law.

Law and Legal Theory in England and America (Clarendon Law Lectures)

Legal History

Clarendon Press

On December 5, 2004, the still-developing blogosphere took one of its biggest steps toward mainstream credibility, as Nobel Prize–winning economist Gary S. Becker and renowned jurist and legal scholar Richard A. Posner announced the formation of the Becker-Posner Blog.
In no time, the blog had established a wide readership and reputation as a reliable source of lively, thought-provoking commentary on current events, its pithy and profound weekly essays highlighting the value of economic reasoning when applied to unexpected topics. Uncommon Sense gathers the most important and innovative entries from the blog, arranged by topic, along with updates and even reconsiderations when subsequent events have shed new light on a question. Whether it’s Posner making the economic case for the legalization of gay marriage, Becker arguing in favor of the sale of human organs for transplant, or even the pair of scholars vigorously disagreeing about the utility of collective punishment, the writing is always clear, the interplay energetic, and the resulting discussion deeply informed and intellectually substantial.
To have a single thinker of the stature of a Becker or Posner addressing questions of this nature would make for fascinating reading; to have both, writing and responding to each other, is an exceptionally rare treat. With Uncommon Sense, they invite the adventurous reader to join them on a whirlwind intellectual journey. All they ask is that you leave your preconceptions behind.

Uncommon Sense: Economic Insights, from Marriage to Terrorism

Business & Money

Becker, Gary S.

Economics

University of Chicago Press

On December 5, 2004, the still-developing blogosphere took one of its biggest steps toward mainstream credibility, as Nobel Prize–winning economist Gary S. Becker and renowned jurist and legal scholar Richard A. Posner announced the formation of the Becker-Posner Blog. In no time, the blog had established a wide readership and reputation as a reliable source of lively, thought-provoking commentary on current events, its pithy and profound weekly essays highlighting the value of economic reasoning when applied to unexpected topics. Uncommon Sense gathers the most important and innovative entries from the blog, arranged by topic, along with updates and even reconsiderations when subsequent events have shed new light on a question. Whether it’s Posner making the economic case for the legalization of gay marriage, Becker arguing in favor of the sale of human organs for transplant, or even the pair of scholars vigorously disagreeing about the utility of collective punishment, the writing is always clear, the interplay energetic, and the resulting discussion deeply informed and intellectually substantial. To have a single thinker of the stature of a Becker or Posner addressing questions of this nature would make for fascinating reading; to have both, writing and responding to each other, is an exceptionally rare treat. With Uncommon Sense, they invite the adventurous reader to join them on a whirlwind intellectual journey. All they ask is that you leave your preconceptions behind.

What makes a great judge? How are reputations forged? Why do some reputations endure, while others crumble? And how can we know whether a reputation is fairly deserved? In this ambitious book, Richard Posner confronts these questions in the case of Benjamin Cardozo. The result is both a revealing portrait of one of the most influential legal minds of our century and a model for a new kind of study—a balanced, objective, critical assessment of a judicial career. "The present compact and unflaggingly interesting volume . . . is a full-bodied scholarly biography. . . .It is illuminating in itself, and will serve as a significant contribution."—Paul A. Freund,New York Times Book Review

Cardozo: A Study in Reputation

Biographies & Memoirs

Historical

What makes a great judge? How are reputations forged? Why do some reputations endure, while others crumble? And how can we know whether a reputation is fairly deserved? In this ambitious book, Richard Posner confronts these questions in the case of Benjamin Cardozo. The result is both a revealing portrait of one of the most influential legal minds of our century and a model for a new kind of study—a balanced, objective, critical assessment of a judicial career. "The present compact and unflaggingly interesting volume . . . is a full-bodied scholarly biography. . . .It is illuminating in itself, and will serve as a significant contribution."—Paul A. Freund, New York Times Book Review

Antitrust Law: An Economic Perspective

Business

"A creative, informative, and highly readable narrative....The book consists of four sections dealing in turn with (1) the law and economics of antitrust policy; (2) the problem of colllusion; (3) the question of exclusionary practices; and (4) the difficulties of enforcement.....This is a provocative work that judiciously raises pertinent questions about our antitrust policy." - Robert J. Steamer, Perspective This searching critique of existing antitrust law also provides a blueprint for its overhaul. Richard Posner argues that the promotion of economic competition is thinly defensible rationale of antitrust law, this work demonstrates the revisions in conventional thinking about antitrust policy that are necessary if the economic purposes of that policy are to be taken seriously. Posner supports theory with fact as he summarizes the major developments in legal doctrine and in enforcement since the Sherman Act of 1890. He then examines a wide range of specific policy questions, including price fixing, mergers, concentrated industries, and others, showing in detail how the courts have erred in their analyses of business economics by their neglect of economic principles. Posner also considers how the remedies and procedures of antitrust law can be made more effective.

Univ of Chicago Pr

See the best price to sell, buy, or rent books by Posner, Richard A.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Posner, Richard A.

See the best price to sell, buy, or rent books by Posner, Richard A.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Catastrophe: Risk and Response

Not a Suicide Pact: The Constitution in a Time of National Emergency (Inalienable Rights)

Catastrophe: Risk and Response

Law and Legal Theory in England and America (Clarendon Law Lectures)

Uncommon Sense: Economic Insights, from Marriage to Terrorism

Uncommon Sense: Economic Insights, from Marriage to Terrorism

Cardozo: A Study in Reputation

Cardozo: A Study in Reputation

Antitrust Law: An Economic Perspective

Antitrust Law: An Economic Perspective