Legal Pragmatism And The Illusion Of Neutrality In The Deconstruction Of Economic Fundamentalism In Richard Posner's Thought

Abstract

This article examines Richard A. Posner's thoughts on the relationship between law analyzed through economics, especially on how the approach of legal pragmatism and economic fundamentalism can create the illusion of legal neutrality according to Richard Posner's thoughts in his book entitled Economic Analysis of Law. In his book, Posner places efficiency as the main benchmark in evaluating legal rules, but this approach is considered to have the potential to ignore moral values, social justice, and historical and cultural contexts in legal practice that cannot be ignored. The study was conducted using a qualitative approach and literature study of Posner's works and other supporting scientific works. The results of the study show that although Posner succeeded in providing an evaluative framework based on economic rationality for the legal system, this Economic Approach to Law tends to side with the interests of high-income groups and is not completely neutral if applied without deep analysis. Posner himself eventually began to criticize his approach and opened up space for a more contextual and multidisciplinary perspective in understanding the law. The economic approach remains relevant, but it needs to be balanced with social and ethical considerations so that the law does not lose its essence as a guardian of justice.