Title
How Judges Think (Pims Polity Immigration and Society Series),Used
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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 preexisting legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in nonroutine 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 forwardlooking and policybased. 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.
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- Q: What is the main focus of 'How Judges Think' by Richard A. Posner? A: The book offers a unique perspective on how judges and justices decide cases, emphasizing the role of experience, emotions, and unconscious beliefs in non-routine cases.
- Q: Who is the author of this book? A: 'How Judges Think' is authored by Richard A. Posner, a distinguished appellate court judge.
- Q: What is the publication date of this book? A: The book was published on May 1, 2010.
- Q: What is the condition of the book being sold? A: The book is listed as a used book in good condition.
- Q: How many pages does 'How Judges Think' have? A: The book contains 400 pages.
- Q: What is the binding type of this book? A: This edition of 'How Judges Think' is available in paperback binding.
- Q: What category does this book fall under? A: 'How Judges Think' is categorized under the Judicial System.
- Q: What edition of the book is available? A: The available edition is a reprint.
- Q: What are the key themes discussed in the book? A: Key themes include legal pragmatism, the legislative role of judges, and the political nature of Supreme Court decision-making.
- Q: Is this book suitable for someone studying law or judicial systems? A: Yes, the book provides insights valuable for law students and anyone interested in the judicial decision-making process.