Reflections on Judgingby Richard A. Posner
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.
Posner (circuit judge, U.S. Court of Appeals; How Judges Think) uses his judicial experience as a platform for an in-depth discussion of the challenges facing the federal judiciary, chief among them the growing complexity of federal cases. He examines the impact of complexity as it pertains to the subject matter of cases being heard and as it exists in courts' own systems, habits, and traditions. He analyzes the difference between legal formalism (adherence to established principles for interpretation of laws and the Constitution) and legal realism (fact- and context-based jurisprudence) and advocates for a wider application of the latter. There is an excellent chapter in which the author indicts appellate opinion writing as needlessly verbose, esoteric, and rich in "gratuitous internal complexity." He proffers solutions to bad writing with rigorous yet practical guidelines for improvement, which, though directed toward appellate opinion writers, might be applied in all legal writing. Posner is a precise, erudite writer with a strong point of view enriched by specific examples accumulated over the course of three decades of professional experience and observation. VERDICT Posner's insights will resonate with jurists and those who practice before them. His book is highly recommended for those in the legal profession and other court watchers.—Joan Pedzich, formerly with Harris Beach PLLC, Pittsford, NY
- Harvard University Press
- Publication date:
- Sold by:
- Barnes & Noble
- NOOK Book
- File size:
- 2 MB
Meet the Author
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.
and post it to your social network
Most Helpful Customer Reviews
See all customer reviews >