Holmes, Cardozo, and the Legal Realists: Early Incarnations of Legal Pragmatism and Enterprise Liability

Legal Pragmatism and the Constitution

Legal Status of Pre-Contractual Liability

The discussion about the person's liability for the actions attributable to him before the stage of contracting is a new debate that has been attracted the attention of legal circles. According to this debate, the person’s freedom of contracting does not implement the person’s freedom to ignore the rights and interest of other party. As a result, it would be possible that contracting person con...

Legal Errors and Liability Insurance

Legal liability and workplace violence.

Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. ...

Can Pragmatism Be Radical? Richard Posner and Legal Pragmatism

ions such as justice, fairness, and equality. Posner argues that “academic philosophy” is “a field that has essentially no audience among judges and lawyers—let alone among politicians—even when philosophy is taken up by law professors . . . who think it should influence law.” Legal pragmatists reject “abstract theorizing of which professors of constitutional 62. See J.M. Balkin, The Declaratio...