Özet:

A ccording to Richard Posner, epistemology, ontology, hermeneutics, and traditionalism lacks competence to provide legal objectivity. Posner claims that his “pragmatic manifesto” and the economic analysis of law can provide the legal objectivity. In this study investigated that if Posner’s claim might realized legal objectivity. Primarily, indicated that; due to anti-foundationalism and anti-formalism Posner’s legal pragmatism was in the danger of legal uncertainty. And then discussed that; according to Posner consequentialism and principle of wealth maximization inhibit legal uncertainty and provide to legal objectivity. The guidance with the criticisms of the economic analysis of law and the consequentialism realized that Posner’s proposal can not provide legal objectivity due to a lack of methodology. In addition that, Posner’s proposal is not conducive to a fair legal system

Anahtar Kelimeler: