How Judges Think PDF ePub eBook

Books Info:

How Judges Think free pdf A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly- that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

About Richard A. Posner

Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

Details Book

Author : Richard A. Posner
Publisher : Harvard University Press
Data Published : 18 May 2010
ISBN : 0674048067
EAN : 9780674048065
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 400 pages
Age + : 15 years
Language : English
Rating :

Reviews How Judges Think



17 Comments Add a comment




Related eBooks Download


  • National Right to Work Legal Defense and Education Foundation, Inc. V. Rich ... free pdfNational Right to Work Legal Defense and Education Foundation, Inc. V. Rich ...

    The Making of Modern Law: U.S. Supreme Court Records and Briefs. 1832-1978 contains the world's most comprehensive collection of records and briefs brought before the nation's highest court by leading legal practitioners - many who later became judges and associates of the court..


  • Second Judicial Dist Court of Nev, Washoe County V. Nevada U.S. Supreme Cou ... free pdfSecond Judicial Dist Court of Nev, Washoe County V. Nevada U.S. Supreme Cou ...

    The Making of Modern Law: U.S. Supreme Court Records and Briefs. 1832-1978 contains the world's most comprehensive collection of records and briefs brought before the nation's highest court by leading legal practitioners - many who later became judges and associates of the court..


  • Richard Posner free pdfRichard Posner

    Judge Richard Posner is one of the great legal minds of our age. on par with such generation-defining judges as Holmes. Hand. and Friendly. A judge on the U.S. Court of Appeals for the Seventh Circuit and the principal exponent of the enormously influential law and economics movement..


  • Advice and Consent free pdfAdvice and Consent

    From Louis Brandeis to Robert Bork to Clarence Thomas. the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices-and threats to filibuster lower court judges-the selection process is likely to be..


  • Advice and Consent free pdfAdvice and Consent

    From Louis Brandeis to Robert Bork to Clarence Thomas. the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices-and threats to filibuster lower court judges-the selection process is likely to be..


  • How Judges Think free pdfHow Judges Think

    Ebooks Download Sites. A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges