Judicial process

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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 consequen…

"Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges - at the risk of intellectual stagnation - to dismiss most academic discourse as opaque an…

Who has the power to define words and concepts? Who can successfully assume the power to speak on behalf of the legal community? Which methods are used to justify the power to define? This book discusses these questions from three related perspectives: Legal theory; Judicial rea…

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…