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6th out of 51 books
—
8 voters
How Judges Think
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 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
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
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
Sep 23, 2010
Craig J.
added it
How Judges Think by Richard A. Posner (2008)
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.
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."
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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...more
More about Richard A. Posner...
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...more
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