Reflections on Judging

Reflections on Judging

Author: Richard A. Posner

Publisher: Harvard University Press

Published: 2013-10-07

Total Pages: 423

ISBN-13: 0674184653

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In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.


Book Synopsis Reflections on Judging by : Richard A. Posner

Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

Social Distinctives of the Christians in the First Century

Social Distinctives of the Christians in the First Century

Author: Edwin A. Judge

Publisher: Baker Academic

Published: 2007-10-01

Total Pages: 227

ISBN-13: 1441241795

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This is a collection of pivotal essays by E. A. Judge, who initiated many important discussions in the establishment of social scientific criticism of the Bible. What is it that made the work of Judge in 1960 and in subsequent years so important? Judge was the first in scholarship after the mid-twentieth century to clarify early Christian ideals about society by defining what the social institutions of the broader cultural context were and how they influenced the social institutions of the early Christian communities. Judge points out that earlier scholars had entered into this field of inquiry, but that, in general, they failed due to the lack of careful definitions of the Greco-Roman social institutions at the time based on a thorough use of the primary sources. Thus, Judge was the "new founder" ( a turning point in scholarship) of what came to be called social-scientific criticism of the New Testament. Social-scientific criticism is the term in scholarship that refers to the use of social realities (e.g. institutions, class, factors of community organization) in the critical study of literary sources available (this is an advance over "merely" literary and traditional historical questions).


Book Synopsis Social Distinctives of the Christians in the First Century by : Edwin A. Judge

Download or read book Social Distinctives of the Christians in the First Century written by Edwin A. Judge and published by Baker Academic. This book was released on 2007-10-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of pivotal essays by E. A. Judge, who initiated many important discussions in the establishment of social scientific criticism of the Bible. What is it that made the work of Judge in 1960 and in subsequent years so important? Judge was the first in scholarship after the mid-twentieth century to clarify early Christian ideals about society by defining what the social institutions of the broader cultural context were and how they influenced the social institutions of the early Christian communities. Judge points out that earlier scholars had entered into this field of inquiry, but that, in general, they failed due to the lack of careful definitions of the Greco-Roman social institutions at the time based on a thorough use of the primary sources. Thus, Judge was the "new founder" ( a turning point in scholarship) of what came to be called social-scientific criticism of the New Testament. Social-scientific criticism is the term in scholarship that refers to the use of social realities (e.g. institutions, class, factors of community organization) in the critical study of literary sources available (this is an advance over "merely" literary and traditional historical questions).

Beyond the Formalist-Realist Divide

Beyond the Formalist-Realist Divide

Author: Brian Z. Tamanaha

Publisher: Princeton University Press

Published: 2009-10-26

Total Pages: 265

ISBN-13: 1400831989

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According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.


Book Synopsis Beyond the Formalist-Realist Divide by : Brian Z. Tamanaha

Download or read book Beyond the Formalist-Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Judging Lincoln

Judging Lincoln

Author: Frank J. Williams

Publisher: SIU Press

Published: 2007-03-28

Total Pages: 236

ISBN-13: 9780809327591

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Judging Lincoln collects nine of the most insightful essays on the topic of the sixteenth president written by Frank J. Williams, chief justice of the Rhode Island Supreme Court and one of the nation’s leading authorities on Abraham Lincoln. For Judge Williams, Lincoln remains the central figure of the American experience—past, present, and future. Williams begins with a survey of the interest in—and influence of—Lincoln both at home and abroad and then moves into an analysis of Lincoln’s personal character with respect to his ability to foster relationships of equality among his intimates. Williams then addresses Lincoln’s leadership abilities during the span of his career, with particular emphasis on the Civil War. Next, he compares the qualities of Abraham Lincoln, Franklin Delano Roosevelt, and Winston Churchill. The final essay, cowritten with Mark E. Neely Jr., concerns collecting Lincoln artifacts as a means of preserving and fostering the Lincoln legacy.


Book Synopsis Judging Lincoln by : Frank J. Williams

Download or read book Judging Lincoln written by Frank J. Williams and published by SIU Press. This book was released on 2007-03-28 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging Lincoln collects nine of the most insightful essays on the topic of the sixteenth president written by Frank J. Williams, chief justice of the Rhode Island Supreme Court and one of the nation’s leading authorities on Abraham Lincoln. For Judge Williams, Lincoln remains the central figure of the American experience—past, present, and future. Williams begins with a survey of the interest in—and influence of—Lincoln both at home and abroad and then moves into an analysis of Lincoln’s personal character with respect to his ability to foster relationships of equality among his intimates. Williams then addresses Lincoln’s leadership abilities during the span of his career, with particular emphasis on the Civil War. Next, he compares the qualities of Abraham Lincoln, Franklin Delano Roosevelt, and Winston Churchill. The final essay, cowritten with Mark E. Neely Jr., concerns collecting Lincoln artifacts as a means of preserving and fostering the Lincoln legacy.

The Southern Judicial Tradition

The Southern Judicial Tradition

Author: Timothy S. Huebner

Publisher: University of Georgia Press

Published: 2011-07-01

Total Pages: 280

ISBN-13: 0820342289

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He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.


Book Synopsis The Southern Judicial Tradition by : Timothy S. Huebner

Download or read book The Southern Judicial Tradition written by Timothy S. Huebner and published by University of Georgia Press. This book was released on 2011-07-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.

Judges and Judging in the History of the Common Law and Civil Law

Judges and Judging in the History of the Common Law and Civil Law

Author: Paul Brand

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages:

ISBN-13: 1139505572

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In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.


Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul Brand

Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

A Century of Judging

A Century of Judging

Author: Charles H. Sheldon

Publisher:

Published: 1988-01-01

Total Pages: 379

ISBN-13: 9780295965246

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Book Synopsis A Century of Judging by : Charles H. Sheldon

Download or read book A Century of Judging written by Charles H. Sheldon and published by . This book was released on 1988-01-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging War, Judging History

Judging War, Judging History

Author: Pierre Hazan

Publisher:

Published: 2010

Total Pages: 248

ISBN-13:

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"Pierre Hazan, in a brilliant and erudite book beautifully written, analyzes the fascinating account of the judicial and cultural revolution that started after the end of the Cold War."---Le Monde Diplomatique --


Book Synopsis Judging War, Judging History by : Pierre Hazan

Download or read book Judging War, Judging History written by Pierre Hazan and published by . This book was released on 2010 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pierre Hazan, in a brilliant and erudite book beautifully written, analyzes the fascinating account of the judicial and cultural revolution that started after the end of the Cold War."---Le Monde Diplomatique --

Judging a Book by Its Cover

Judging a Book by Its Cover

Author: Nickianne Moody

Publisher: Routledge

Published: 2016-12-05

Total Pages: 317

ISBN-13: 1351924672

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How do books attract their readers? This collection takes a closer look at book covers and their role in promoting sales and shaping readers' responses. Judging a Book by Its Cover brings together leading scholars, many with experience in the publishing industry, who examine the marketing of popular fiction across the twentieth century and beyond. Using case studies, and grounding their discussions historically and methodologically, the contributors address key themes in contemporary media, literary, publishing, and business studies related to globalisation, the correlation between text and image, identity politics, and reader reception. Topics include book covers and the internet bookstore; the links between books, the music industry, and film; literary prizes and the selling of books; subcultures and sales of young adult fiction; the cover as a signifier of literary value; and the marketing of ethnicity and lesbian pulp fiction. This exciting collection opens a new field of enquiry for scholars of book history, literature, media and communication studies, marketing, and cultural studies.


Book Synopsis Judging a Book by Its Cover by : Nickianne Moody

Download or read book Judging a Book by Its Cover written by Nickianne Moody and published by Routledge. This book was released on 2016-12-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do books attract their readers? This collection takes a closer look at book covers and their role in promoting sales and shaping readers' responses. Judging a Book by Its Cover brings together leading scholars, many with experience in the publishing industry, who examine the marketing of popular fiction across the twentieth century and beyond. Using case studies, and grounding their discussions historically and methodologically, the contributors address key themes in contemporary media, literary, publishing, and business studies related to globalisation, the correlation between text and image, identity politics, and reader reception. Topics include book covers and the internet bookstore; the links between books, the music industry, and film; literary prizes and the selling of books; subcultures and sales of young adult fiction; the cover as a signifier of literary value; and the marketing of ethnicity and lesbian pulp fiction. This exciting collection opens a new field of enquiry for scholars of book history, literature, media and communication studies, marketing, and cultural studies.

Dee Goong an

Dee Goong an

Author: Robert Hans van Gulik

Publisher:

Published: 1976

Total Pages: 304

ISBN-13:

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Book Synopsis Dee Goong an by : Robert Hans van Gulik

Download or read book Dee Goong an written by Robert Hans van Gulik and published by . This book was released on 1976 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: