Richard A. Posner Quote
The Bluebook is an absurdity, but it endures, in fact thrives, impervious to criticism and ridicule. The judiciary navigates the sea of modernity, slowed, thrown of course, by the barnacles of legal formalism (semantic escapes from reality, impoverished sense of context, fear of math and science, insensitivity to language and culture, mangling of history, superfluous footnotes, verbosity, excessive quotation, reader-unfriendly prose, exaggeration, bluster, obsession with citation form) – an accumulation of many centuries, yet constantly augmented. There is little desire to give the hull a good scraping. There is fear that the naked hull would be unslightly, even unseaworthy. The fear is overblown. A week after all the copies of the Bluebook were burned, their absence would not be noticed.
The Bluebook is an absurdity, but it endures, in fact thrives, impervious to criticism and ridicule. The judiciary navigates the sea of modernity, slowed, thrown of course, by the barnacles of legal formalism (semantic escapes from reality, impoverished sense of context, fear of math and science, insensitivity to language and culture, mangling of history, superfluous footnotes, verbosity, excessive quotation, reader-unfriendly prose, exaggeration, bluster, obsession with citation form) – an accumulation of many centuries, yet constantly augmented. There is little desire to give the hull a good scraping. There is fear that the naked hull would be unslightly, even unseaworthy. The fear is overblown. A week after all the copies of the Bluebook were burned, their absence would not be noticed.
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About Richard A. Posner
Posner is known for his scholarly range and for writing on topics outside of law. In his various writings and books, he has addressed animal rights, feminism, drug prohibition, same-sex marriage, Keynesian economics, law and literature, and academic moral philosophy, among other subjects.
Posner is the author of nearly 40 books on jurisprudence, economics, and several other topics, including Economic Analysis of Law, The Economics of Justice, The Problems of Jurisprudence, Sex and Reason, Law, Pragmatism and Democracy, and The Crisis of Capitalist Democracy. Posner has generally been identified as being politically conservative; in recent years, however, he has distanced himself from the positions of the Republican Party, authoring more liberal rulings involving same-sex marriage and abortion. In A Failure of Capitalism, he writes that the 2008 financial crisis caused him to question the rational-choice, laissez-faire economic model that lies at the heart of his law and economics theory.