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Legal Theory & Systems - How Judges Think (Pims - Polity Immigration and Society Series)

Description

Book Synopsis: 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.

Details

Discover the groundbreaking insights of appellate court judge, Richard A. Posner, in his latest book "How Judges Think" from the Pims - Polity Immigration and Society Series. Gain a fresh perspective on the decision-making process of judges and justices, as Posner unveils the intricate balance between legal reasoning and pragmatic considerations. Dive into the world of judicial discretion and explore how judges navigate uncharted territories with a blend of experience, emotions, and unconscious beliefs.

Uncover the intricate framework that governs judicial decision-making in both routine and non-routine cases. With Posner's unique analysis, you'll grasp the essence of legal pragmatism and its critical role in shaping the outcomes of judicial rulings. Delve deep into the realm of legal reasoning and discover how judges transition from straightforward legalist thinking to forward-looking, policy-based pragmatism when faced with complex legal dilemmas.

Experience a riveting exploration of the intersection between law and politics, as Posner sheds light on the political motivations that underpin judicial decision-making. From professional ethics to external constraints, "How Judges Think" offers a comprehensive look at the factors that influence judges' roles as occasional legislators. Gain valuable insights into the intricate dynamics of the Supreme Court and the unique challenges that shape its judicial philosophy.

Ready to embark on a fascinating journey into the minds of judges and justices? Delve into the pages of "How Judges Think" and unravel the complexities of legal reasoning and pragmatic decision-making. Explore the thought-provoking ideas that challenge conventional legal thinking and embrace a new perspective on the dynamic world of judicial interpretation.

Get your copy of How Judges Think today and empower yourself with the knowledge to navigate the intricate realm of legal pragmatism and judicial decision-making!

Disclosure: I get commissions for purchases made through links in this website