Richard Posner summarizes: Legal realism as the response to the challenges of today

Abstract

Richard Posner, law professor at the University of Chicago and an American federal judge, one of the founders of economic analysis of law is among the greatest living representatives of contemporary American jurisprudence. This paper begins with the analysis of the influences of Posner's life on his theoretical orientation. Further on, the author shines a light on Posner's pragmatic, anti-formalistic approach and tendency to use economic analysis to explain judicial behavior. For that purpose, Posner uses ideas developed by American legal realism. Nevertheless, Posner distances himself from classical American legal realism, striving to create compromise between formalism and realism. Therefore, Posner takes centrist position, the position of 'balanced' realism. Though Posner tries to follow the middle way between extremes, in the light of contemporary challenges, most of all technological, he perceives the future in the realistic approach. The author claims that the Posner's pragmatic spirit, formed in his family and developed by his education and profession (his experience), had prevailing influence on his choice of legal realism in his late years. Particularly today, when life is much 'faster' than law, the judges are those who have to adapt the law to life (not only in common law countries). Therefore it seems that really 'the path forward is the path of realism'.