Legal Pragmatism Abandoned: Restoring Rule of Law Through Coercion Clarity
Legal scholar Richard Posner believes that law is not important in many judicial decisions, leading to a lack of clarity and undermining the rule of law. The focus on essential elements and coercion in legal concepts can help restore rationality and moral legitimacy to the legal system. Non-essentialist approaches give too much power to judges and create vague, contradictory legal concepts. By emphasizing coercion and essentialism, we can better understand and communicate about the practical legal world, ensuring laws are clear and morally legitimate.