reflections on judging

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Reflections On Judging

Author : Richard A. Posner
ISBN : 9780674184657
Genre : Law
File Size : 25. 89 MB
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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.

Judges On Judging

Author : David M. O'Brien
ISBN : 9781506340272
Genre : Political Science
File Size : 30. 80 MB
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Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Keeton On Judging In The American Legal System

Author : Robert E. Keeton
ISBN : STANFORD:36105060436503
Genre : Law
File Size : 35. 93 MB
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Divergent Paths

Author : Richard A. Posner
ISBN : 9780674286030
Genre : Law
File Size : 55. 86 MB
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Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Judging Statutes

Author : Robert A. Katzmann
ISBN : 9780199362141
Genre : Law
File Size : 77. 3 MB
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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

How Judges Think

Author : Richard A. Posner
ISBN : 9780674033832
Genre : Law
File Size : 34. 4 MB
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A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Lectures On Kant S Political Philosophy

Author : Hannah Arendt
ISBN : 9780226231785
Genre : Philosophy
File Size : 89. 90 MB
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Hannah Arendt's last philosophical work was an intended three-part project entitled The Life of the Mind. Unfortunately, Arendt lived to complete only the first two parts, Thinking and Willing. Of the third, Judging, only the title page, with epigraphs from Cato and Goethe, was found after her death. As the titles suggest, Arendt conceived of her work as roughly parallel to the three Critiques of Immanuel Kant. In fact, while she began work on The Life of the Mind, Arendt lectured on "Kant's Political Philosophy," using the Critique of Judgment as her main text. The present volume brings Arendt's notes for these lectures together with other of her texts on the topic of judging and provides important clues to the likely direction of Arendt's thinking in this area.

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