Goodbye to Judge Posner.

NYT obituary: "Judge Richard A. Posner Has Died. His Influence in Law Was Beyond Compare. He was the most-cited legal scholar of the latter half of the 20th century and an unapologetic iconoclast, favoring pragmatism over judicial tradition. He was 87."

Judge Posner’s admirers said he had no real competition in the annals of American jurisprudence. They regarded him as a superb writer, with a limpid, conversational style and a sure command of tone. He wrote with self-confidence and authority, qualities his critics said were not always entirely deserved. Most important, in a field that overvalues tradition and formalism, he was known as a brilliantly original iconoclast....

Judge Posner called his approach to judging pragmatic. His critics called it lawless. “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said in a 2017 interview. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”

He was among the leading figures in the movement to analyze legal problems using economics. In looking to social utility rather than abstract moral values like fairness or equality, he gained a reputation as a cold, calculating conservative. He was just 33 when he published “Economic Analysis of Law,” a tour de force that helped establish the field....

I have so many posts with the "Posner" tag in my 22-year archive. It would take a long time just to cherry-pick the best things. Click the tag and scroll to find many fascinating quotes from Posner collected over all those years. For example, what he said when somebody asked him, "In what ways, if any, does it make sense to speak of the study of law as the study of legal science?"

But I will cherry-pick one thing that's very special to me, from April 2005. It's about blogging:

Here's an article in the Chicago Tribune about the Becker-Posner Blog. (Via Memeorandum.) Judge Posner has a lot to say about blogging -- as you would expect -- and he's especially big on comments:

I think this is very important, with Business Week or any other magazine, of course, you get letters to the editor. But with the blog, what would be a letter to the editor is a comment that a reader of the blog can just post. It's much easier than writing a letter, it doesn't have to be formal, you don't need a stamp or anything. It's really simple.

Then it's very easy for us to read the comments. And we can respond to them. Again, we don't have space or time limitations, we can respond whenever we have a set of interesting comments, then the commenters, they can go back and forth with each other, so the blog stimulates a kind of interchange that isn't really feasible in the print medium....

What's good about it is that through the comments and through other blogs, as we know from the CBS fiasco, there's extremely rapid communication and correction. So the blogger doesn't have his fact-checking staff, but if you make a mistake, within minutes a bunch of people have descended on you....

What have you thought of what people have posted to the comment areas of the blog?

They have a high-average quality -- I found it also when I did Lessig's blog. The comments are really interesting, they add a lot to it.

It makes for a more participatory relationship. If you read a newspaper, it's a passive experience. You don't have much of a sense of being part of the enterprise. [On a blog] you have regular commenters; they clearly feel they are contributing to this enterprise. I worry a little about people spending too much time sitting in front of the computer doing this stuff.

I had the comments on for a while about a year ago, and I turned them off because I found myself doing so much writing over on the comments pages and because a few people were being abusive. I wanted to concentrate my writing on the front page. These days, I spend a lot of time reading and responding to email, which is really a displaced comments page and an even less "front page" kind of writing for me. I'm impressed by Judge Posner's very pro-comment attitude. So in honor of Judge Posner, I'm turning my comments back on.

Let's see how it goes. I hope some of my regular emailers will switch to comments. I'm going to resist responding too much on the comments pages and maybe save up my response and put it on the front page in an update, which I think will be more efficient (and certainly more public) than responding to email (which I've been doing a lot of). I expect commenters to keep a civil tone, and I think most will, because the email I get is extremely thoughtful, well-written, and not abusive. I'll just delete abusive comments without making a fuss about it. So go ahead and comment.