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How Judges Judge
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Book Synopsis How Judges Think by : Richard A. Posner
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Book Synopsis How Judges Judge by : Brian M. Barry
Download or read book How Judges Judge written by Brian M. Barry and published by Taylor & Francis. This book was released on 2020-11-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Book Synopsis Ideology in the Language of Judges by : Susan Urmston Philips
Download or read book Ideology in the Language of Judges written by Susan Urmston Philips and published by Oxford University Press, USA. This book was released on 1998 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studying the language of judges in courtrooms, the author of this text demonstrates that they are not impartial arbiters of due process, but are influenced by their own politico-ideological stance and interpretation of the law.
Book Synopsis Judges, Judging and Humour by : Jessica Milner Davis
Download or read book Judges, Judging and Humour written by Jessica Milner Davis and published by Springer. This book was released on 2018-07-20 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.
Book Synopsis Trends in the Judiciary by : David Lowe
Download or read book Trends in the Judiciary written by David Lowe and published by CRC Press. This book was released on 2015-02-06 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term judicial opinion can be a misnomer as rarely are judges’ true feelings on legal issues and the work they do made available to the public. Judges are constrained when writing decisions to follow the law and leave personal commentary aside. Through a series of revealing interviews, this book gathers empirical data from judges and justices from different legal systems to provide a scintillating look at how they view their jobs and cope with difficult legal matters. Interviews are conducted according to strict guidelines with a standardized format for consistency. Each chapter begins by describing the region and its style of judicial governance. This is followed by an interview with a judge or justice in the particular jurisdiction. They discuss their careers, personal judicial philosophies, the problems and successes they’ve experienced, and how theory influences practice in their jurisdiction. Many also discuss transnational relations and several chapters include glossaries that explain unfamiliar terms and acronyms. Each chapter concludes with the interviewer’s assessment and observations. This structure allows readers to easily compare the views of judges and to see the similarities, the differences, and the uniqueness of the different legal models and systems. Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two is the seventh publication in the Interviews with Global Leaders in Policing, Courts, and Prisons series. The broad-based coverage of varying viewpoints in this text encourages a great breadth of understanding of global justice.
Book Synopsis How Judges Sentence by : Geraldine Mackenzie
Download or read book How Judges Sentence written by Geraldine Mackenzie and published by Federation Press. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.
Book Synopsis The Psychology of Judicial Decision Making by : David E. Klein
Download or read book The Psychology of Judicial Decision Making written by David E. Klein and published by Oxford University Press. This book was released on 2010-02-08 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.
Book Synopsis Judges on Trial by : Shimon Shetreet
Download or read book Judges on Trial written by Shimon Shetreet and published by North-Holland. This book was released on 1976 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis What Judges Want by : James M. Stanton
Download or read book What Judges Want written by James M. Stanton and published by Texaslawyerbooks. This book was released on 2013 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Nature of the Judicial Process by : Benjamin N. Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin N. Cardozo and published by . This book was released on 2016-02-04 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legendary book by Justice Benjamin N. Cardozo explaining, in detail and with his famous style, how judges make decisions. Featuring a modern explanatory Foreword by Andrew L. Kaufman, law professor at Harvard and Cardozo's premier biographer, the Quid Pro Books edition is presented in a contemporary and legible format, with careful formatting, readable font, true footnotes, and photographs. As part of the Legal Legends Series, the correct page numbers are embedded so that passages can be accurately cited or found from the 1921 edition. No other current version of this important work uses correct pages or presents it in an updated and accurate form; no other contains an explanatory and historical introduction. Judges don't discover the law, they create it. Cardozo (1870-1938) offered the world a candid and self-conscious study of how judges decide law--they are law-makers and not just law-appliers, he knew--drawn from his insights on the bench, in a way that no judge had before. Asked "What is it that I do when I decide a case? To what sources of information do I appeal for guidance?," Cardozo answered in timeless prose. This book is still read today by lawyers and judges, law students and scholars, historians and political scientists, and philosophers--anyone interested in how judges really think and the many decisional tools they employ. Already famous at the time for his trenchant and fluid opinions as a Justice on New York's highest court (he is still studied on questions of torts, contracts, and business law), and later a Justice of the U.S. Supreme Court, Cardozo filled the lecture hall at Yale when he finally answered the frank query into what judges do and how they do it. The lectures became a landmark book and a source for all other studies of the ways of a judge.
Download or read book Judicial Nemesis written by Raj Nath Bhat and published by Atlantic Publishers & Dist. This book was released on 1997 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is This Sudden Overnight Metamorphosis; From, Yesterdays Man With All His Ambitions, Personal Bias And With Personal Greed And Aggrandizement...To A Today S Man Dis¬Passionate, Honest, Selfless, Unbiased, Unruffled By Past Fads And Past Likes And Dislikes...And Has Now Imbibed Overnight All The Attributes That We Ascribe To A High Court Judge; A True Miracle? Is It On The Other Hand, A Mirage, A Sham And Deceptive Facade...To Bewilder The Society At Large And Baffle It To Its Acceptance.Why Should The Judges Feel Shy Of Leaving Record Of What They Do In The Court? One Cannot Contradict The View That Such Attitude Of The Judges Is To Hide Their Incapacity...And Their Vested Way Of Dealing With A Matter.It Is Therefore Imperative...We Must Have A Very Powerful And Highly Organised Body Of Ombudsman... It Must Not Be Misconstrued To Mean That Ombudsman Should Be An Appellate Court.No Amount Of Effort, Analysis And Incisiveness Would Be Exaggerated...In No Case Should Be Allowed To Fall Short Of The Absolute. One May Not Necessarily Agree With Each And Every Observation Made, Conclusions Drawn Or Remedy Suggested By The Author In This Book On Its Very First Reading. But, It Can Hardly Be Disputed That All These Observations, Conclusions And Remedies Are Thought Pro¬Voking Which Indubitably Merit Thorough Deliberation At Different Levels Before They Are Accepted Or Rejected. Justice I.K. KotwalFormer Judge Of The High Court Of Jammu And Kashmir
Book Synopsis Judicial Decision-Making in a Globalised World by : Elaine Mak
Download or read book Judicial Decision-Making in a Globalised World written by Elaine Mak and published by A&C Black. This book was released on 2014-07-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
Book Synopsis How are We Judged? by : Benjamin Tsz Ming Liu
Download or read book How are We Judged? written by Benjamin Tsz Ming Liu and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written by a former Hong Kong Court of Appeal judge who has served on both sides, on and off the Bench for over 40 years. It contains a wealth of stories that reflect the mindsets and modes of operation of lawyers, judges and court personnel.
Book Synopsis Judicial Entrepreneurship by : Wayne McIntosh
Download or read book Judicial Entrepreneurship written by Wayne McIntosh and published by Praeger. This book was released on 1997-10-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh and provocative perspective on the judicial process and the transmission of ideas into law. Professors McIntosh and Cates demonstrate, through the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, how judges' pet intellectual projects become the fodder for new ideas in the law. Through a series of case studies, Professors McIntosh and Cates argue for the assessment of judicial activity from a fresh perspective. They focus on the appellate system and those judges who help to move the law—i.e., entrepreneurs. Appeals court judges are in a unique position in that they are presented with real opportunities to influence the shape and meaning of law. Jurists have special interests, some areas of the law that particularly attract them. When questions arise in these fields, jurists are likely to seize the moment, allowing them to express their expertise and be creative. This is not only a natural course for highly motivated individuals, but also a mode of operation that is important to the development of our law. Through an examination of the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, the authors explore this concept of entrepreneurship, in which judges take on and promote their pet projects. Of great interest to scholars and researchers in political science and law, and those concerned with judicial process and behavior, and court policymaking.
Download or read book Lord Denning written by Jeffrey L. Jowell and published by . This book was released on 1984 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judges and Legislators by : Robert A. Katzmann
Download or read book Judges and Legislators written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 1988 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Judiciary and Congress not only do not communicate on their most basic concerns; they do not know how they may properly do so," writes Frank M. Coffin, a federal appeals court judge and former representative, in Judges and Legislators. "The condition is that of a chronic, debilitating fever." Though the Senate lavishes it's attention from time to time on particular judicial nominees, Congress remains largely oblivious of the wellbeing of the federal judiciary as an institution. And the judiciary seems often unaware of the critical nuances of the legislative process. This state of affairs has had an adverse effect not only on relations between the two branches, but also on public policy more generally. Some forty-five people--including a Supreme Court justice, federal and state court judges, legislators and legislative staffers, scholars, and members of the private bar--gathered for a series of discussion to identify fundamental issues affecting judicial-congressional relations. The articles published in this volume are an outgrowth of those discussions.
Book Synopsis The Role of the World Court Judge by : Brian Evans Copp
Download or read book The Role of the World Court Judge written by Brian Evans Copp and published by . This book was released on 1968 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
