Summary of the book judge posner makes clear in this book how complex is his thinking when deciding cases. Drawing upon law and economics the field he helped to found, behavioral psychology, and political theory, posner presents a more comprehensive portrait of the judicial mind than has ever before been. Sep 14, 2017 the recently retired richard posner has lost none of his famous candor. What interests me most about posner is that he is a judge who has left a deep imprint on american law, frequently including decisions of the united circuit judge, united states court of appeals for the sixth circuit.
He replied, in posnerian fashion, i think there should be compulsory retirement for all federal judges and justices at age 80. Antitrust is vastly better than it was when bork and posner published the first editions of their books. Jan 21, 2016 richard posner on theories of judicial behavior 1. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear preexisting legal rules to them, posner argues, they do so straightforwardly. Posner s book is that legal pragmatism is the best way for judges to approach legal problems. How judges think pims polity immigration and society. Opinionated, sarcastic and argumentative as ever, posner is happy to weigh in not only on how judges think, but how he thinks they should think. A distinguished and experienced appellate court judge, posner offers in this new book a unique and, to orthodox legal th. At these times, judges in our system are legislators as well as adjudicators.
Chapter 10 of judge posners how judges think is titled the supreme court is a political court, and posner argues in favor of the proposition in the chapter title. Certainly it is not how many academics think judges think. Walsh abstract judge richard posners wellknown view is that constitutional theory is useless. In his new book, how judges think, seventh circuit judge richard a. How the productive, contentious, prodigious richard a. Sep 21, 2017 the primary battle arose from posners demand that he be allowed to rewrite all his circuits staff attorneys memos and draft opinions before they went to his fellow judges. Yoon sent out a survey to a number of judges seeking to determine how lawyers are perceived by the judiciary. I do not apologize for these terms or, more generally, for discussing judicial thinking in a vocabulary alien to most judges and lawyers. Opinionated, sarcastic and argumentative as ever, posner is happy to weigh in not only on.
Posner this article reports the results of a survey of a diverse group of fortytwo federal appellate. But his book, in the end, offers much less insight about how judges actually think than about how judge posner thinks judges should think, and its case for. Every member of the united states senate should read it, so that we might have meaningful confirmation hearings on federal judges. How judges think paperback january 1, 2010 by richard posner author see all formats and editions hide other formats and editions. What judges think of lawyers from judge posner associate. In writing about judge friendly, i use the term judicial lawmaking. Whether most other judges are as selfaware or complex as posner seems doubtful, but his book is a useful addition to the literature of judges like holmes, cardozo, and scalia describing how judges think. Download or read how judges think 2008 in pdf, epub formats. It follows that, for judges to achieve sensible2 resolutions of realworld disputesby which judge posner means in a. A survey of fortytwo judges on the federal courts of appeals abbe r. Through a dissection of the essentials of posners pragmatism, the article demonstrates that pragmatism serves only as a method of justifying outcomes that comport with the personal temperament and intuitions of those applying it.
How judges think is a wideranging survey in some respects too wide, as parts of it have the feel of having been stuck in simply almost because posner had the material available. Judge posner, judge wilkinson, and judicial critique of. And judicial critique of constitutional theory marc 0. Richard posner, and asks whether it has proven itself capable of contributing anything useful to modern adjudication. When conventional legal materials enable judges to ascertain the true facts of a case and. A prolific and brilliant writer, posners how judges think is perhaps his most illuminating work for its profound, and sometimes polemical, insights into the judicial process. Sep 07, 2017 he replied, in posnerian fashion, i think there should be compulsory retirement for all federal judges and justices at age 80. All of this made me look forward to reading posner s book with the alluring title, how judges think. The evolution of law has moved lawyers away from a. A distinguished and experienced appellate court judge, richard a. How judges think download ebook pdf, epub, tuebl, mobi.
Our public discourse about what judges really do proceeds at an infantile level. In how judges think, judge richard posner, who figures as a foil in powells book powell36, 910, 91, 107, provides a far less idealistic account of judging, one that is based substantially on empirical studies of the judicial task and that describes judges rather less romantically as being driven by the incentives of a. The importance of this change in antitrust doctrine cannot be overstated. In a trilogy of books in the 1990s, 10 times, used the terminology preferred by the judge about whom i am writing. Supreme i had read some of richard posners how judges think in draft last year, but have resumed reading the book now. Download how judges think or read online books in pdf, epub, tuebl, and mobi format.
Why judge posner changed his mind supreme doubletake in a revelation that shocked the legal community, one of the judges who voted to uphold. Once youve found a book youre interested in, click read online and the book will open within your web browser. 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. A distinguished and experienced appellate court judge, posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. The primary battle arose from posners demand that he be allowed to rewrite all his circuits staff attorneys memos and draft opinions before they went to his fellow judges. He has written an important booka must read not just for lawyers, but also for anyone who wants to understand how the inscrutable, and sometimes oracular, process of judging really works. This site is like a library, use search box in the widget to get ebook that you want. Mar 04, 2015 instead, posners arguments are conceptual or theoretical, and thus the book describes primarily how posner thinks and how posner thinks judges should think. Posner states that he aims to offer a cogent, unified, realistic, and appropriately eclectic account of how judges actually arrive at their decisions in nonroutine cases. Studying the legal profession poses several challenges. May 18, 2010 posner is unique in the world of american jurisprudence, a highly regarded u. Apr 17, 2008 in his new book, how judges think, seventh circuit judge richard a.
Instead, posners arguments are conceptual or theoretical, and thus the book describes primarily how posner thinks and how posner thinks judges should think. Without posner, judges deciding antitrust cases likely would have continued flailing away, ungrounded in positive economics. The backstory behind judge richard posners retirement. I had read some of richard posners how judges think in draft last year, but have resumed. How judges think judiciaries supreme court of the united states a distinguished and experienced appellate court judge, richard a. This book is not, of course, really about how judges think. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear preexisting legal rules to them, posner. Court of appeals for the seventh circuit and a senior lecturer at the university of chicago law school. Posners book is that legal pragmatism is the best way for judges to approach legal problems. Posner argues, judges perforce have occasionalindeed rather frequentrecourse to other sources of judgment, including their own political opinions or policy judgments, even their idiosyncrasies.
The world is complex, richard posner1 observes in his most recent book, reflections on judging. Judge posners examination of the issues is thorough, scholarly and riveting. Posner is unique in the world of american jurisprudence, a highly regarded u. Richard posners bats crazy new book the washington post. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Sutton united states court of appeals for the sixth circuit follow this and additional works at.
Jun 14, 2018 read how judges think pdf by richard a. Nine theories of judicial behavior, how judges think cambridge. Posner1 ahsan mirza the central thesis developed throughout justice richard a. Click download or read online button to get how judges think book now. Judicial behavior cannot be understood in the vocabulary that judges themselves use, sometimes mischievously. But he does look at the question at the centre of the book from many, many angles, and though occasionally it can seem hes looking too hard at rather peripheral. What does richard posner know about how judges think. Part of the courts commons, judges commons, legal profession commons, and the legal writing and research commons recommended citation. In his latest book, how judges think, judge posner turns his formidable analytical lens on an especially wellsuited target. Walsh abstract judge richard posner s wellknown view is that constitutional theory is useless. Aug 20, 2009 in his latest book, how judges think, judge posner turns his formidable analytical lens on an especially wellsuited target.
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