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How Judges Think

3.74 of 5 stars 3.74  ·  rating details  ·  136 ratings  ·  10 reviews
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 straightf ...more
Hardcover, 387 pages
Published April 1st 2008 by Harvard University Press
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I had read some of Richard Posner's How Judges Think in draft last year, but have resumed reading the book now that it has appeared. Every member of the United States Senate should read it, so that we might have meaningful confirmation hearings on federal judges. Our public discourse about what judges really do proceeds at an infantile level; Judge Posner's bracing book could help it grow up. His criticisms of the self-serving and often delusional rhetoric of current members of the U.S. Supreme ...more
Nov 08, 2008 Vladimir rated it 3 of 5 stars
Recommended to Vladimir by:
This passage from page 287 is insightful, and although I disagree with Posner I appreciate his position. While referring to the Constitutionality of Federal laws and actions can be used to advance a particular partisan agenda (think about every time somebody has mentioned their first amendment right), that doesn't prevent somebody who believes in the rule of law to consistently cite the Constitution. With all due respect to the legalists in the Bush administration (none), they're as wrong as the ...more
I might be a bit more pre-disposed to the material than were I, say, an electrical engineer, hence that might have something to do with the rating. But he's a fantastic writer, the material is very articulate, and yet straightforward. nutshell observations: Posner discusses at length the inherent limitation of textualism/originalism as a legal/constitutional theory in a non-civil law system (that is, our statutes are not comprehensive to provide for every conceivable situation, it is thus left t ...more
Posner, a federal judge, wrote this book outlining how he thinks judges make decisions - a process he dubs 'pragmatism.' They don't actually base decisions on precedent or even on the Constitution or the statute much of the time, he claims, they make political judgments instead and then look for evidence to justify their decisions. That may be true, and I did learn a lot from this book, but I also got the sense that Posner is a bit full of himself and that grew tiring. No one would be interested ...more
Very interesting book about the way judges work and think. It was a little above my head in parts, and I think I'd like to read it again down the road one day. It took a while to read, as it didn't exactly flow well from point to point. But it definitely made me think.
Mary Ann McGrail
This is Posner at his best - engaging, informative, a quick read. He takes on the heavyweights in the field, and fellow members of the judiciary - in particular Justice Kennedy. It's a realistic account of aspects of the judging process.
A more accurate title would be: "How Posner Thinks."
Allan H. Goodman
A very interesting analysis of how judges think.
Craig J.
How Judges Think by Richard A. Posner (2008)
Major Doug
under-paid, but under-worked
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  • The Nature of the Judicial Process
  • The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts
  • Making Your Case: The Art of Persuading Judges
  • The Common Law
  • A History of American Law
  • The Supreme Court: The Personalities and Rivalries That Defined America
  • Making Our Democracy Work: A Judge's View
  • Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality
  • Supreme Power: Franklin Roosevelt vs. the Supreme Court
  • The Bill of Rights: Creation and Reconstruction
  • The Firm, the Market, and the Law
  • Ladies And Gentlemen Of The Jury: Greatest Closing Arguments In Modern Law
  • Typography for Lawyers
  • The Legal Analyst: A Toolkit for Thinking about the Law
  • The Conservative Assault on the Constitution
  • Civil Procedure: Examples & Explanations
  • Sex and Social Justice
  • Property
Richard Posner is Senior Lecturer in Law at the University of Chicago Law School.

Following his graduation from Harvard Law School, Judge Posner clerked for Justice William J. Brennan Jr. From 1963 to 1965, he was assistant to Commissioner Philip Elman of the Federal Trade Commission. For the next two years he was assistant to the solicitor general of the United States. Prior to going to Stanford
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“But the fact that judges follow precedent regularly even though not invariably does not support the legalistic theory as strongly as one might expect. The original precedent in a line of precedents could not have been based on precedent.” 1 likes
“I do not apologize for these terms or, more generally, for discussing judicial thinking in a vocabulary alien to most judges and lawyers. Judicial behavior cannot be understood in the vocabulary that judges themselves use, sometimes mischievously. (11)” 0 likes
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