Reflections On Judging
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Reflections on Judging
Author: Richard A. Posner
language: en
Publisher: Harvard University Press
Release Date: 2013-10-07
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.
How Judges Think
Author: Richard A. Posner
language: en
Publisher: Harvard University Press
Release Date: 2010-05-01
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.
Daily Reflections for Ordinary Time Weeks 1–17
My Catholic Life! now offers two complete four-volume series of daily Gospel reflections that cover the entire liturgical year. Each four-volume series can be used from year to year since every Gospel option is covered in each series. Daily Reflections for Ordinary Time: Weeks 1-17 is Volume Four in the second four-volume series. As a devotional, it is a great resource for daily meditation and prayer offering reflections on the Gospel of the day in a practical, faithful, and down-to-earth way. It is formatted in such a way that it can be used for any liturgical year, offering reflections on every Gospel option, including Sunday Years A, B & C, every daily Mass option, and all Feasts and Solemnities. Note: Some of the weekday reflections in this series were first published in book form for Ordinary Time 2021. This new and updated version contains all new Sunday reflections for Years A, B & C as well as other new weekday reflections. Like the first series, the books in this second series are as follows: 1. Advent and Christmas 2. Lent and Easter 3. Ordinary Time: Weeks 1–17 4. Ordinary Time: Weeks 18–34 All reflections are available free of charge from our website, through our mobile app, or through our daily email service. Both of the complete four-volume series are also available in paperback and eBook format.