[Avodah] How Judges Think.
Rich, Joel
JRich at sibson.com
Fri May 23 14:38:07 PDT 2008
> From Judge Posner's new book - How Judges Think.
> Sound familiar?
> KT
> Joel Rich
> I am struck by how unrealistic are the conceptions of the judge held
> by most people, including practicing lawyers and eminent law
> professors, who have never been judges3 - and even by some judges.
> This unrealism is due to a variety of things, including the different
> perspectives of the different branches of the legal profession -
> including also a certain want of imagination. It is also due to the
> fact that most judges are cagey, even coy, in discussing what they do.
> They tend to parrot an official line about the judicial process (how
> rule-bound it is), and often to believe it, though it does not
> describe their actual practices.4 There is also the sense that
> judging really is a different profession from practicing or teaching
> law, and if you're not in it you can't understand it.
>
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