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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. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

“Great fun, with plenty of twists.”—The Sacramento Bee 10:00 tonight at the water tower. Tell no one. -Chaos ClubWhen Max receives a mysterious invite from the untraceable, epic prank-pulling Chaos Club, he has to ask: why him? After all, he's Mr. 2.5 GPA, Mr. No Social Life. He's Just Max. And his favorite heist movies have taught him this situation calls for Rule #4: Be suspicious. But it's also his one shot to leave Just Max in the dust...Yeah, not so How Judges Think free pdf much. Max and four fellow students-who also received invites-are standing on the newly defaced water tower when campus security "catches" them. Definitely a setup. And this time, Max has had enough. It's time for Rule #7: Always get payback. Let the prank war begin.Oceans 11 meets The Breakfast Club in this entertaining, fast-paced debut filled with pranks and cons that will keep readers on their toes, never sure who's pulling the strings or what's coming next.

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Author: Richard A. Posner
Number of Pages: 400 pages
Published Date: 18 May 2010
Publisher: HARVARD UNIVERSITY PRESS
Publication Country: Cambridge, Mass, United States
Language: English
ISBN: 9780674048065
Download Link: Click Here
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