- 收听数
- 1
- 性别
- 保密
- 听众数
- 23
- 最后登录
- 2021-8-15
- QQ
- UID
- 1559
- 阅读权限
- 40
- 帖子
- 1983
- 精华
- 0
- 在线时间
- 1535 小时
- 注册时间
- 2012-11-22
- 科研币
- 89
- 速递币
- 1530
- 娱乐币
- 4077
- 文献值
- 340
- 资源值
- 0
- 贡献值
- 1
|
速递书局
封面: |
- |
题名: |
Reflections on Judging |
作者: |
Richard A. Posner (Author) |
出版社: |
Harvard University Press |
出版日期: |
September 16, 2013 |
ISBN: |
978-0674725089 |
附属页: |
齐全 |
书签: |
有 |
格式: |
图版PDF |
内容简介: |
- |
求助帖链接: |
- |
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.
|
本帖子中包含更多资源
您需要 登录 才可以下载或查看,没有帐号?快速注册
-
总评分: 速递币 + 50
文献值 + 2
查看全部评分
|