The Tempting of Richard Posner
By Richard Bostan
This article appeared in the Fall 1997 issue of The Independent Review


Despite his affinity for free-market economics, prolific scholar and influential jurist Richard Posner is only superficially in the conservative legal camp. Rejecting Robert Bork’s constitutional originalism, Judge Posner favors the pragmatic jurisprudence of contemporary liberalism-which, unfortunately, leads judges to create laws rather than simply to apply them.

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