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https://pdf.ebooklibrary.pw/?book=B08RXKFW14 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. Sup
https://pdf.ebooklibrary.pw/?book=B08RXKFW14 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. Sup
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