Richard Posner
Judge, U.S. Court of Appeals for the Seventh Circuit
Born 1939
Founder of the law and economics movement and the most cited legal scholar of the twentieth century, transforming how lawyers and judges think about legal rules.
Biography
Richard Posner served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017 while simultaneously maintaining one of the most prolific scholarly careers in academic history. His book Economic Analysis of Law (1973) launched the law and economics movement, which applies economic principles to analyze legal rules and institutions.
Posner's central insight was that legal rules can and should be evaluated based on their efficiency—whether they maximize social wealth by minimizing the costs of transactions, accidents, and administration. This framework, controversial when introduced, has become a standard tool of legal analysis across virtually every field, from torts and contracts to criminal law and constitutional interpretation.
Beyond law and economics, Posner wrote influential works on jurisprudence, intellectual property, antitrust, privacy, national security, and the federal judiciary. He authored more than 50 books and 3,300 judicial opinions, making him one of the most productive legal minds in history. His pragmatic approach to judging—focused on consequences rather than formalism—earned both admiration and criticism.
Major Accomplishments
- 1Founded the law and economics movement with Economic Analysis of Law (1973)
- 2Most cited legal scholar of the twentieth century
- 3Authored over 50 books and 3,300 judicial opinions
- 4Transformed legal education by introducing economic analysis
- 5Served as Chief Judge of the Seventh Circuit
Notable Opinions & Cases
Indiana Harbor Belt Railroad Co. v. American Cyanamid Co.
1990
Analyzed strict liability for abnormally dangerous activities through an economic lens
Baude v. Heath
2008
Applied economic analysis to prisoner litigation
Baskin v. Bogan
2014
Struck down same-sex marriage bans in Indiana and Wisconsin with characteristically direct reasoning
United States v. Marshall
1990
Dissented in an LSD sentencing case, criticizing irrational sentencing based on weight of carrier medium
Legacy
Posner's influence on legal thought is difficult to overstate. The law and economics movement he founded has become a fixture of legal education and practice, providing analytical tools used by judges, lawyers, and regulators worldwide. Even scholars who reject his normative conclusions rely on the economic framework he popularized. His judicial opinions, known for their clarity and pragmatism, set a standard for appellate writing.
Famous Quotes
“The law is a tool for social engineering, not a mystical corpus of sacred principles.”
“The purpose of law is not to be just, but to be efficient.”
“Judges are not combatants in the culture wars. Judges are supposed to be objective, and not combatants in the culture wars.”
“The most important thing for a judge is to know how to read.”