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I have known that many early Greek luminaries, such as Plato, Socrates and Sophocles were homosexual. This book puts these mere points of interest in a wholly different light by exploring the social settings of the early Grecian (Athenian) society: that the early marriages were not companionate, that women in that society, including wives, were sequestered, that boys and girls were raised separately, and not by the mother, that pederasty was almost an accepted social institution, etc.
I have always believed that homosexuality is a rooted genetically, although it is not binary factor. This book puts homosexuality, through the use of the "Kinsey scale", into different degrees and clearly distinguishes between homosexual tendency and homosexual activity, and defines the opportunistic homosexual in economic terms. With very simple reasoning, this book explains why urbanization seems (only seems) to foster homosexuality and the emergence of homosexual enclaves such as San Francisco and New York.
This book also explains, again through an economic model, why the black men in this country seem (again, only seem!) to be sexually aggressive and promiscuous, whereas sexual abuse of off-spring children (girls) have a higher incidence in white households.
I am also enlightened on how the child birth, which in the early days often caused the death of the mother, created serial polygamy (polygyny, to be more precise) and that the widower, who were older and more economically established men, puts young bachelors at a competitive disadvantage in securing a mate, especially in the early industrial society where the cost of marriage was high.
I am enlightened to the role of the Church as the promoter of companionate marriage and how its fairly profound effect on this social institution. And also why the Church "overtly condoned prostitution and covertly condoned monastic homosexuality."
There are many other issues, such as infanticide, fornication, adultery, divorce, coercive and abusive sex, pornography, adoption, surrogate child-bearing ... to which Judge Posner gave interesting and informative treatment.
The thoroughness with which Judge Posner analyzes a problem is unmatched. Although I am not always completely convinced by his reasoning (because some of the arguments are necessarily qualitative and intuitive,) but the plausibility is striking. And I am frequently amazed by the different angles with which he looks at an issue, and the amount of facts and data he brings forth to support his views. When facts contradict what his theory predicts, he graciously points that out. In the conclusion of the book, Judge Posner, with scholarly grace and modesty, points out that his work was exploratory, a learning process for himself, and was not being presented as definitive.
Judge Posner's writing style is very good. The book is never boring, though some of the information and arguments are repeated due to the inter-relatedness of many of the issues. Throughout the book, the Judge's remarkable analytic skill can be felt. At one point, the Judge mercilessly took apart the New Jersey Supreme Court's opinion of the Baby M case (Stern vs. Whitehead) and clearly showed how judges, lacking knowledge on the subject matter and often ignorant about economics, proceeded to vote their own prejudices, and substituted rhetoric and sloppy logic for judicial analysis. This one episode, which clearly illustrates the reason he wrote this book, as he stated in the introduction, is worth the price of the book.
How many judges are as good as Judge Posner? Since he has published so much, chances of his ever being nominated and confirmed to be a justice of the High Court must be pretty slim, considering the infamous borking effect. This is just as well. I wishfully think his publications probably has a greater influence on the society, especially the legal community, than if he were appointed a justice.
Having read several of Judge Posner's books, I mark him down as one of a handful of top-notch intellectuals in my estimation.
But Posner's more impressive accomplishment is his singular approach to the regulation of human sexual behavior. His rational choice, economics of law approach is compelling. Even if you are not entirely convinced, Posner builds a powerful case for both academic and policy debate.
Posner's approach contrasts with most legal scholarship, which is lifeless and rarely bothers to consider the social sciences. Posner's book shows the intergal link between law, politics, and economics. It is also approachable and direct. You can't read Sex and Reason and not feel your deeply held beliefs directly challenged by a kind and discerning intellect. He is passionate, articulate, and eminently readable.
Posner's book has become a lightening rod in legal circles and is a must read for any serious reader in the area.
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The Laws of the natural world exist and cannot be discounted no matter how inconvenient they are to our assumptions. Knowing how things come together allows us to better see solutions.
The best section is the Pareto Optimum - nature is not democratic and 50/50 outcomes are the exception so never expect the law of averages to help you - it does not work that way.
A very good read - those with a science background will get the most out of it but that is not critical.
You can tell that the author is an expert in traditional trial advocacy technique. However, he focuses on the psychology of decision makers in a way that will make you think more carefully about how to persuade them. If you are expecting this book to read like any other trial advocacy text, you will be surprised. If you want new information that can make you more successful in the courtroom, you will be pleased. If you want just another book that restates outdated ideas about trial advocacy, you won't find it here.
The book contains 600 pages and 18 chapters. It is well organized so that you can read the parts that you need and then keep it nearby for reference as new problems come up in different court cases. About half the chapters are focused on applying psychological information to traditional trial advocacy topics, such as opening statement, fact and expert witness testimony, demonstrative aids, closing argument, bench trials, arbitration advocacy, and even mediation advocacy.
However, the rest of the chapters provide information on the psychology of communication, scientific studies of juror perceptions, as well as designing and analyzing scientific research studies of judges, juries, and arbitrators in your own cases. For example, in the chapter on juror perceptions, there are separate discussions of juror perceptions of liability and damages issues in personal injury, products liability, medical malpractice, employment, patent, copyright, trademark, and many other types of cases.
Throughout the book, the author discusses his personal insights from 20 years of practicing law and psychology in the courtroom. He obviously knows what he is talking about. He uses case analogies throughout the book to illustrate his points. However, having become jaded over the years, I took some comfort in seeing that his ideas are supported throughout the book. In addition, the book contains commentary from a number of trial judges and trial attorneys at major firms that provide additional ideas and support to the author's work.
The greatest strength of this book is the blending of well accepted trial advocacy principles to scientific information used in the field of psychology. From the outset, the author makes his premise clear: trial attorneys, corporate counsel, and their clients will be more successful in the courtroom when they orient their case presentations to the actual perceptions of the judges, jurors, and arbitrators they are trying to persuade. The rest of the book is dedicated to showing you how to do just that.
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Take a simple example. Suppose that a robber is shot dead at the scene of the crime and, the shooter is charged with murder. Should he be convicted? A pacifist might say yes, since killing is always wrong. Others would say no, since he acted in self defense (killing is not always wrong). Others would say that it depends on whether he was threatened.
If you were the judge or the jury, who should you believe? Posner argues that you will believe the person who most closely approximates your preconceived beliefs. In other words, a pacifist prosecutor will have a hard time convincing anyone who believes in self-defense, since each and every moral philosophy can be countered by another moral philosophy.
Posner goes on to argue that moral philosophy can help us with things that we all agree on, like "democracy is good" and "freedom should be protected." The problem is that no case before a court ever deals with such broad disputes. Instead, each side lines up its moral arguments, and the judge basically ignores them all. Posner also shows that moral philosophy is of some use in changing what people agree is right, as with Martin Luther King, Jr.
In the down and dirty disputes before a judge, though, Posner says that we have to rely more on our gut reaction, economics, and sociology than moral theory. The judge must ask, "If I did X, would society be better off?" Posner calls this legal pragmatism, the hope that the law can be rationalized along empirical grounds. He is careful to distinguish this stance from philosophical pragmatism and moral relativism. The former worries only about ends, while Posner explicitly worries about means, and the latter would not allow anyone to ever say that "murder is wrong." Posner has no problem with moral precepts that everyone agrees with.
The downside of this book is that it is way too long. The first few chapters outline most of his argument, and the rest of the book deals with legal history and particular examples from supreme court cases. Law students might find these parts worthwhile. Those who are interested in philosophy and law should read this book, as should those who want a look at how judges think and work. Whether you agree with him or not, his exploration of the topic is cool and complete.
pragmatis is morally neutral and an adequate framework for the law.
First, values already underscores "pragmatism;" thus, any attempt to apply pragmatics to the law has already been contaminated by values that can probably only be properly analyzed and understood through moral philosophy. Hence, moral philosophy is an indispensible tool for critical analysis of the law.
Second, "pragmatism" is inadequate in forming an analytical framework for the law, particularly with the most difficult questions of the law. Questions about euthanasia, abortion, equal rights, etc. are densely moral and political which pragmatism will contribute little.
Overall an enjoyable book but a flawed idea. It will influence many readers but "The Problematics of Moral and Legal Philosphy" should be read with skepticism. Everyone reading this book should also read "Modern and the Holocaust" by Zymunt Bauman for a counter point to why moral philsophy, which probably raises more questions than it answers, should always be central to any discussion about the law.
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I bought this book from Washington D.C. during the Turkish President's visit to USA for NATO Summit in 1999. This book has so many interesting details and stories about VIP Protection World. I learned to much (Especially about Secret Service). There are very educative details about Secret Service and I think it will give very important lessons to other countries Protection Teams.
I recommend this book to everybody especially who want to learn what is real VIP Protection.
By this chance I would like to thank Richard O'Connor for this beatiful book.
Sincerely
Hasan ALSANCAK
Inspector
Turkish Presidential Protection Department
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