New Book of the Week - How Judges Think
In The Brothers Karamazov, Ivan Karamazov says that if
God does not exist everything is permitted. In a similiar way
Richard Posner, who is himself an Appellate court judge in the US
Seventh Circuit, in How Judges Think asks if legalism is
dead then is everything permitted to judges? The strict adherence to the letter of the law
isn't dead particularly in the lower courts. But in the higher
courts of the United States where judges must rule on cases where
pre-existing materials do not exist, Posner argues that judges
potentially take on a political and legislative role. So if you're
interested in the influences on how judges decide cases in the US
higher courts, this is the book for you.
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