How Judges Think Summary and Reviews

How Judges Think
by Richard A. Posner

How Judges Think
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Book Summary Information

Author: Richard A. Posner
Edition: Hardcover
Published: 2008-04-30
ISBN: 0674028201
Number of pages: 400
Publisher: Harvard University Press

Book Reviews of How Judges Think

Book Review: Excellent Analysis But Needs Some Editing!
Summary: 4 Stars

I would agree with many of the reviewers that this is Posner at his finest. Although I tend to be skeptical of his articulation of pragmatism (especially via his selective use of economic theory), I found that this book really destroys the false binary that posits a clear split between activist and legalist judges.

Going beyond that, Posner also takes clear aim at the legal academy for mistaking the stated reasoning in legal opinions as the cause of a particular decision, rather than its effect. He makes it abundantly clear that legal scholars have lost connection with the judiciary and potentially the legal profession as a whole.

However, I can only give the four stars because the book desperately needed a good editor. Because the chapter are mostly previously published material, they are quite repetitive and probably make the book fifty pages longer than it needs to be. It would have been much better if Posner could have made the argument flow more coherently into a single argument instead of a dozen stand alone claims.

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