Reflections on Judging
My subject is the challenges that the federal courts face today, with particular emphasis on rising complexity. My approach is personal, in the sense of drawing heavily on my own experience as a judge. It is also realistic, in the sense of rejecting formalist approaches to law. Those are approaches...
| Main Author: | RICHARD A. POSNER |
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| Format: | eBook |
| Language: | Bahasa Inggris |
| Published: |
Harvard University Press
2013
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| Subjects: | |
| Online Access: |
http://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=53087 |
| id |
oai:lib.umy.ac.id:53087 |
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| recordtype |
oai_dc |
| spelling |
oai:lib.umy.ac.id:530872021-06-16T13:06:27ZReflections on JudgingRICHARD A. POSNERJudicial process, Appellate procedure,lawMy subject is the challenges that the federal courts face today, with particular emphasis on rising complexity. My approach is personal, in the sense of drawing heavily on my own experience as a judge. It is also realistic, in the sense of rejecting formalist approaches to law. Those are approaches premised on a belief that all legal issues can be resolved by logic, text, or precedent, without a judge ’s personality, values, ideological leanings, background and culture, or real-world experience playing any role. The realist tradition in judging is the tradition shaped by such outstanding judges as John Marshall, Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Robert Jackson, Learned Hand, Roger Traynor, and Henry Friendly. It is distinct from, though it overlaps, the “legal realist†movement of the 1920s and 1930s, which petered out, though not without leaving a mark.1 I need to say more about formalism and realism, which provide a contrast fundamental to this book, and will do so shortly.Harvard University Press2013eBookebook 628Bahasa Inggrishttp://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=53087 |
| institution |
Universitas Muhammadiyah Yogyakarta |
| collection |
Perpustakaan Yogyakarta |
| language |
Bahasa Inggris |
| topic |
Judicial process, Appellate procedure,law |
| spellingShingle |
Judicial process, Appellate procedure,law RICHARD A. POSNER Reflections on Judging |
| description |
My subject is the challenges that the federal courts face today, with
particular emphasis on rising complexity.
My approach is personal, in the
sense of drawing heavily on my own experience as a judge. It is also realistic,
in the sense of rejecting formalist approaches to law. Those are approaches
premised
on a belief that all legal issues can be resolved by logic,
text, or precedent, without a judge ’s personality, values, ideological leanings,
background and culture, or real-world
experience playing any role.
The realist tradition in judging is the tradition shaped by such outstanding
judges as John Marshall, Oliver Wendell Holmes, Louis Brandeis, Benjamin
Cardozo, Robert Jackson, Learned Hand, Roger Traynor, and Henry
Friendly. It is distinct from, though it overlaps, the “legal realist†movement
of the 1920s and 1930s, which petered out, though not without leaving a mark.1 I need to say more about formalism and realism, which provide
a contrast fundamental to this book, and will do so shortly. |
| format |
eBook |
| author |
RICHARD A. POSNER |
| author_sort |
RICHARD A. POSNER |
| title |
Reflections on Judging |
| title_short |
Reflections on Judging |
| title_full |
Reflections on Judging |
| title_fullStr |
Reflections on Judging |
| title_full_unstemmed |
Reflections on Judging |
| title_sort |
reflections on judging |
| publisher |
Harvard University Press |
| publishDate |
2013 |
| url |
http://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=53087 |
| isbn |
ebook 628 |
| _version_ |
1702748879609397248 |
| score |
14.79448 |