Reflections on Judging
1st Edition
Published on 7. October 2013
393 pages
978-0-674-18464-0 (ISBN)
Description
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
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Richard A. Posner
Reflections on Judging
Book
10/2013
Harvard University Press
€39.50
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Content
- Intro
- Contents
- Introduction: A Judge on the Challenges to Judges
- 1. The Road to 219 South Dearborn Street
- 2. The Federal Judiciary Evolves
- 3. The Challenge of Complexity
- 4. Formalism and Realism in Appellate Decision Making
- 5. The Inadequate Appellate Record
- 6. Coping Strategies for Appellate Judges I: Judicial Self-Restraint
- 7. Coping Strategies for Appellate Judges II: Interpretation
- 8. Make It Simple, Make It New: Opinion Writing and Appellate Advocacy
- 9. Forays into the District Court
- 10. What Can Be Done, Modestly?
- Conclusion: Realism, the Path Forward
- Acknowledgments
- Index
