From the myth of legalism to discretionary law-making

This article provides a thorough analysis of Richard Posner's thought, focusing on deconstructing the traditional myth of legalism. The author explains that judges, particularly in the highest courts, are not merely mechanical enforcers of laws but act as occasional legislators in a so-called gray zone. The text explores multidimensional models of adjudication—from strategic theory to reputation economics—that allow us to understand the real motivations behind judgments. The analysis sheds new light on the problem of judicial legitimacy in situations where the law provides no clear answers and judges must rely on intuition, a priori beliefs, and bounded rationality. This is essential reading for those interested in the intersection of law, psychology, and institutional economics.