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...
How Judges Think的创作者· ··· 理查德·波斯纳作者 作者简介· ··· 理查德.波斯纳,先后以最优生和年级第一名毕业于耶鲁大学英文系(1959)和哈佛大学法学院(1962)。曾任美国联邦最高法院大法官助理、联邦政府律师、斯坦福大学法学院副教授(1968)、芝加哥大学法学院教授(1969)和讲座教授。1981年出任美国联邦第...
Opinionated, sarcastic and argumentative as ever, Posner is happy to weigh in not only on how judges think, but how he thinks they should think. When sticking to explaining the nine intellectual approaches to judging that he identifies, and to the gap between legal academics and judges, and ...
网络法官如何思考;法官如何思想;法官的思想
HOW DO JUDGES THINK?HOW DO JUDGES THINK?An essay is presented on how judges in America think, focusing on judicial power and judicial decision-making in the U.S., as well as information about a mandate of consistency in relation to the writing of judicial opinions. The personalities and psy...
And then . . . you wait. What will the judges think? Will they agree your story deserves to win it all? Did you write the kind of story that will catch the judges' eye? What kind of storyisthat, anyway? I'm going to take you behind the scenes and revealexactlywhat judges are lo...
Ironically, Posner, the academic empiricist, may be less empirical in his evaluation of judicial behavior than his subject judges are in their determinations of how to think and decide. Despite any shortcomings, however, the book is a significant addition to the literature on judging. To the ...
How can capital punishment be acceptable if judges’ errors are inevitable? What is effective risk management in an organization? Emotional Intelligence role in successful leadership. Why use stick and carrot motivation? Wouldn’t sticking to policies be enough?
First, it's hard to understand the significance of a legal rule unless you think about how it might apply to lots of different situations. A rule might look good in one setting, but another set of facts might reveal a major problem or ambiguity. Second, judges often reason by "analogy,...
recommendations that they could support through analysis, and present those solutions to consultants and business professionals. Through these competitions, students learn about themselves and how to perform under pressure, develop their communication skills, and receive valuable feedback ...