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7e50f21
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But the fact that judges follow precedent regularly even though not invariably does not support the legalistic theory as strongly as one might expect. The original precedent in a line of precedents could not have been based on precedent.
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precedents
precedents-and-their-discontents
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Richard A. Posner |
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cc23b8d
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The Bluebook is an absurdity, but it endures, in fact thrives, impervious to criticism and ridicule. The judiciary navigates the sea of modernity, slowed, thrown of course, by the barnacles of legal formalism (semantic escapes from reality, impoverished sense of context, fear of math and science, insensitivity to language and culture, mangling of history, superfluous footnotes, verbosity, excessive quotation, reader-unfriendly prose, exagge..
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bluebook
harvard-bluebook
legal-realism
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Richard A. Posner |
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baabeda
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A poem by Rudyard Kipling says derisively of people who despise soldiers and police that they make 'mock o' uniforms that guard you while you sleep.' You are likely to have a strong reaction pro or con to this sentiment and how Kipling expressed it, but you will not be able to defend your view with arguments that would convince someone who has the opposite reaction. If you are intellectually sophisticated you mare recognize that your convic..
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tommy
unreliable-witnesses
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Richard A. Posner |
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7365b3a
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I do not apologize for these terms or, more generally, for discussing judicial thinking in a vocabulary alien to most judges and lawyers. Judicial behavior cannot be understood in the vocabulary that judges themselves use, sometimes mischievously. (11)
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Richard A. Posner |
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eae8c4d
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The outstanding examples are still Cardozo's Nature of the Judicial Process18
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Richard A. Posner |
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27f600a
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Marcuse also believed that sexuality was a political., an ideological, category, not found but made.
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Richard A. Posner |