Reflections on Judging

ISBN-10: 0674725085

ISBN-13: 9780674725089

Edition: 2013

List price: $29.95 Buy it from $15.71
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Description:

In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
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Book details

List price: $29.95
Copyright year: 2013
Publisher: Harvard University Press
Publication date: 10/7/2013
Binding: Hardcover
Pages: 332
Size: 6.50" wide x 9.50" long x 1.50" tall
Weight: 1.760
Language: English

Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

Introduction: A Judge on the Challenges to Judges
The Road to 219 South Dearborn Street
The Federal Judiciary Evolves
The Challenge of Complexity
Formalism and Realism in Appellate Decision Making
The Inadequate Appellate Record
Coping Strategies for Appellate Judges I: Judicial Self-Restraint
Coping Strategies for Appellate Judges II: Interpretation
Make It Simple, Make It New: Opinion Writing and Appellate Advocacy
Forays into the District Court
What Can Be Done, Modestly?
Conclusion: Realism, the Path Forward
Acknowledgments
Index
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