How Judges Think

How Judges Think

by Richard A. Posner
     
 

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ISBN-10: 0674028201

ISBN-13: 9780674028203

Pub. Date: 04/28/2008

Publisher: Harvard University Press

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.

Overview

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.

Product Details

ISBN-13:
9780674028203
Publisher:
Harvard University Press
Publication date:
04/28/2008
Pages:
400
Product dimensions:
6.20(w) x 9.30(h) x 1.40(d)

Table of Contents

Introduction 1

Part 1 The Basic Model

1 Nine Theories of Judicial Behavior 19

2 The Judge as Labor-Market Participant 57

3 The Judge as Occasional Legislator 78

4 The Mind of the Legislating Judge 93

Part 2 The Model Elaborated

5 The Judicial Environment: External Constraints on judging 125

6 Altering the Environment: Tenure and Salary Issues 158

7 Judicial Method: Internal Constraints on Judging 174

8 Judges Are Not Law Professors 204

9 Is Pragmatic Adjudication Inescapable? 230

Part 3 Justices

10 The Supreme Court Is a Political Court 269

11 Comprehensive Constitutional Theories 324

12 Judicial Cosmopolitanism 347

Conclusion 369

Acknowledgments 379

Index 381

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