Book Review The Ways Of A Judge Reflections From The Appellate Bench By Frank M Coffin PDF Download
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Author | : Benjamin Kaplan |
Publisher | : |
Total Pages | : 6 |
Release | : 1981 |
Genre | : |
ISBN | : |
Download Book Review-- The Ways of a Judge: Reflections from the Appellate Bench. By Frank M. Coffin Book in PDF, ePub and Kindle
Author | : Frank Morey Coffin |
Publisher | : |
Total Pages | : 296 |
Release | : 1980 |
Genre | : Biography & Autobiography |
ISBN | : |
Download The Ways of a Judge Book in PDF, ePub and Kindle
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 398 |
Release | : 2010-05-01 |
Genre | : Law |
ISBN | : 0674504070 |
Download How Judges Think Book in PDF, ePub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : 690 |
Release | : 1982-03 |
Genre | : Law |
ISBN | : |
Download Michigan Law Review Book in PDF, ePub and Kindle
Author | : Julien and Virginia Cornell Library |
Publisher | : |
Total Pages | : 44 |
Release | : 2007 |
Genre | : Judges |
ISBN | : |
Download A Tribute to James L. Oakes and Guide to the Oakes Papers Held in the Archives of Vermont Law School Book in PDF, ePub and Kindle
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 393 |
Release | : 2013-10-07 |
Genre | : Law |
ISBN | : 0674184645 |
Download Reflections on Judging Book in PDF, ePub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : 810 |
Release | : 1981 |
Genre | : Electronic journals |
ISBN | : |
Download University of Pennsylvania Law Review Book in PDF, ePub and Kindle
Author | : Lee J. Strang |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2019-08-08 |
Genre | : History |
ISBN | : 1108475639 |
Download Originalism's Promise Book in PDF, ePub and Kindle
Provides the first natural law justification for an originalist interpretation of the American Constitution.
Author | : |
Publisher | : |
Total Pages | : 290 |
Release | : 1989 |
Genre | : Appellate courts |
ISBN | : |
Download The Federal Appellate Judiciary in the Twenty-first Century Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 480 |
Release | : 2005 |
Genre | : Electronic journals |
ISBN | : |
Download McGeorge Law Review Book in PDF, ePub and Kindle