Pragmatism Instead of Moralism: A New Look at the Law

This article examines the evolution of legal systems from metaphysical considerations of morality toward pragmatic social engineering. Focusing on the thought of Richard A. Posner, the text deconstructs the disputes between Ronald Dworkin's academic moralism and Antonin Scalia's textual formalism. The author argues that in the contemporary global economy, law serves as a transactional infrastructure, where judges become analysts of regulatory risk. A comparison of the business cultures of Israel and France demonstrates how different approaches to normativity impact innovation and market stability. Ultimately, legal pragmatism emerges as a tool for rational coordination in conditions of economic uncertainty, replacing rigid interpretative doctrines with a calculus of consequences and an analysis of incentives.