Posner, R
How Judges Think
- ISBN 13:
- 9780674048065
- author:
- Posner, R
- format:
- Paperback
- publisher:
- Harvard University Press
- language:
- English
- Publication Year:
- 2010
- Pages:
- 400
- Dimensions:
- 23.1 x 15.5 x 2.8 cm
- Genre:
- Jurisprudence & general issues
- Condition:
- New
- Availability:
- Item usually sent within 10 working days
Description
How Judges Think by Richard A. Posner offers a unique perspective on how judges and justices decide cases.
In routine cases, judges apply clear pre-existing legal rules to the facts of a case using straightforward legalist reasoning. However, in non-routine cases, they must navigate uncharted territory, relying on experience, emotions, and often unconscious beliefs to make decisions. This process is not dissimilar from ordinary practical reasoning.
Posner argues that judges are motivated by a form of policy-based reasoning, focusing on the consequences of their decisions rather than their antecedent logic. The Supreme Court justices, in particular, have a unique role as a political court, where they are free to engage in legislative forms of adjudication and are often driven by political considerations.
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