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How Judges Think (Pims - Polity Immigration and Society Series)
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Review
Posner is unique in the world of American jurisprudence, a highly regarded U.S. appellate judge and a prolific and controversial writer on legal philosophy. Opinionated, sarcastic and argumentative as ever, Posner is happy to weigh in not only on how judges think, but how he thinks they should think. When sticking to explaining the nine intellectual approaches to judging that he identifies, and to the gap between legal academics and judges, and his well-formulated pragmatic approach to judging, Posner is insightful, accessible, often funny and a model of clarity. (Publishers Weekly 2008-02-11)Posner's latest book, How Judges Think, is important, if only because it's Posner looking at his own profession from the inside. Two of the chapters, "Judges Are Not Law Professors" and "Is Pragmatic Adjudication Inescapable?," are worth the price of admission by themselves. The book can be read as one long screed against the jurisprudence of Supreme Court Justice Antonin Scalia, and stands as a refutation to those who believe the category of conservative can lazily be applied to a mind as independent as Posner's. (Barry Gewen New York Times online 2008-07-09)A prolific and brilliant writer, Posner's How Judges Think is perhaps his most illuminating work for its profound, and sometimes polemical, insights into the judicial process...Judge Posner's examination of the issues is thorough, scholarly and riveting. He has written an important book--a must read not just for lawyers, but also for anyone who wants to understand how the inscrutable, and sometimes oracular, process of judging really works. (James D. Zirin Forbes.com 2010-06-08)
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From the Back Cover
From the book:Ivan Karamazov said that if God does not exist everything is permitted, and traditional legal thinkers are likely to say that if legalism (legal formalism, orthodox legal reasoning, a "government of laws not men," the "rule of law" as celebrated in the loftiest "Law Day" rhetoric, and so forth) does not exist everything is permitted to judges--so watch out! Legalism does exist, and so not everything is permitted. But its kingdom has shrunk and greyed to the point where today it is largely limited to routine cases, and so a great deal is permitted to judges. Just how much is permitted and how they use their freedom are the principal concerns of this book.. . .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 judges--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. This book parts the curtain a bit.
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Product details
Series: Pims - Polity Immigration and Society Series
Paperback: 400 pages
Publisher: Harvard University Press; Reprint edition (May 1, 2010)
Language: English
ISBN-10: 9780674048065
ISBN-13: 978-0674048065
ASIN: 0674048067
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6.2 x 1.2 x 9.5 inches
Shipping Weight: 1.8 pounds (View shipping rates and policies)
Average Customer Review:
4.0 out of 5 stars
30 customer reviews
Amazon Best Sellers Rank:
#700,630 in Books (See Top 100 in Books)
Posner is pretty much the Go-To Guy in legal studies today. You may disagree with his conclusions but he won’t bore you (he’s a forceful writer), you won’t find it hard to follow him (he writes clearly), and you won’t wonder whether he has a hidden agenda (he is open and forthright in stating his sources, as well as any reservations he has about his own conclusions drawn from them). He’s academic (well documented and well reasoned) but not overly academic: his observations are always rooted in experience, for he is both an eminent teacher of jurisprudence at the University of Chicago and an acting federal circuit court judge, with years of practice on the bench. His books are not easy reads –he explores complicated issues and doesn’t simplify them—but you’ll never get lost in them, because he is an exceptionally articulate explainer. Years ago, when I was a history professor at a small women’s college in the east, I taught a course on historical method, and it was writers (thinkers) (scholars) like Posner I wanted to introduce to my students, not that he writes like historians do but that he writes forcefully, sparingly, lucidly and compellingly, and persuasion is just as important a part of any scholar’s business as explication.This is the third book by Posner that I have read. All three books were good. Two –including this one—are superb, models of engaged scholarship. (If you haven’t read anything by him before, I recommend you start with Reflections on Judging, 2013.) Posner is It.Arguing against legalism and various forms of moralism, Posner argues for a restrained pragmatic approach to the law, in line with his models on the bench, especially Holmes (“The life of the law has not been logic; it has been experienceâ€), who accepted that the written law only went so far and that beyond that point, the prudent judge crossed from enforcing pre-existing, stringent rules to making new law. Law in action is imprecise but not amorphous. “In our system the law as it is enforced in courts is created by judges, using legal propositions as raw materials.†He does not argue that a judge can make any law he wants. Rather, he argues that in any but the most constrained case, the judge must choose among courses of action that are not automatically (because the law tells the judge exactly what to do) clean --or should I say clear? From this simple premise –that judges are de facto legislators—Posner moves to a critique of many, maybe most academic commentators on the law, and a scathing critique of what is taught in even the best law schools in our country. He has, is in other books, harsh words to say about Justice Scalia’s supposed originalism, which he finds inadequate and self-deceiving –even Scalia admitted that he moved beyond it at times.If I were a lawyer, I would read this book NOW.
In this erudite and highly readable book, a distinguished judge and scholar provides the reader with remarkable insights into how judges think, or ought to think, when interpreting and creating the law. Judge Posner rejects sterile legalist theories in favor of a pragmatic approach to judicial decision-making, heavily influenced by economic theory. Drawing on insights from psychology, American legal history, and economics, Judge Posner argues persuasively that judges are not rule-bound adjudicating machines mechanically applying the law; rather judges creatively engage the real world by balancing competing interests, weighing consequences, and applying cost/benefit analyses when interpreting the law. In the process, judges, at least in the unique American judicial system, inevitably act as legislators and, yes, as human beings, they are influenced by life experiences, political beliefs, and psychological make-up. The result is a highly sophisticated and nuanced discussion of how judges think, or at least how they should think. This book is written in a lively style, with humor, wit, and a great deal of wisdom, including some very practical advice regarding how attorneys should frame their arguments when they appear in court. (Hint: instead of focusing on words; focus on the real world consequences of your arguments).
If you have been inside the world Judge Posner writes about, you will know how extraordinarily practical this book is. This is how judges think - not how they think they think. Legal decisions arise in real contexts and judges almost always react in part to that context. If they did not, then our law would be the same as it was in 1242. Posner illuminates the pragmatic truth clearly while providing ample theoretical background for the budding philosopher.At a time when the merely thoughtless insist that the "law be applied as written" (how, exactly, does one apply the phrase "equal protection" as written and divorced from context?)this refreshing burst of candor and common sense presented by the greatest legal mind of the past 50 years is critically important reading.
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Get Free Ebook , by Elizabeth Hand
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Print Length: 300 pages
Publisher: Viking Books for Young Readers (April 12, 2012)
Publication Date: April 12, 2012
Language: English
ASIN: B005UT18NO
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In Radiant Days, one of Elizabeth Hand's latest books, we are introduced to Rimbaud, the poet, and Merle, an artist. Set in two distinctly different periods of time, but overlapping via an abandoned lockhouse, the lives of the two artist bump intoeach other in ways that enrich the works of both. All artists, be they workers in charcoal, or with a can of spray paint, or drawing with words on a page, will relate to that feeling when the art "comes true", as it frequently does for these two artists. Of much interest to me was the exploration of synaesthesia and how it influenced Rimbaud's work so intently that even non-synaesthetes can feel it. Those who find it as interesting as I did can get further input at [...]
Elizabeth Hand does it again and this 58 year old male truly enjoyed this book. Though some look at it as a young adult book, I believe it goes beyond that...well, I proved it by reading it and loving it so much. (smile) I am not much of a reviewer and do not get into literary criticism since my college days, so I will leave it at this: If one wishes to read a good novel this year read this one and do not forget to read Ms. Hands' other books!
I found this novel totally, utterly captivating. It may be my new favorite by Elizabeth Hand, and that's saying something.
Well written, poetic and thought provoking.Sadly, I'm not a huge fan of the ending, but I loved the rest of the book.
GREAT
Two talented young artists -- one Arthur Rimbaud, the other a young art student in the punk era -- experience a magical connection across time in this extraordinary novel by the author of such visionary speculative fiction classics as Winterlong, Mortal Love, and Illyria. Hand's radiant, evocative prose really nails the fierce if inchoate yearnings of talented, misfit adolescents to find transcendence through art. This would make a great double feature with Patti Smith's memoir, Just Kids!
Didn't really enjoy it. It was not the type of book I expected from the description Quite disappointing.
Didn't loke it
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Download Ebook , by Liam Kingsley
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File Size: 3207 KB
Print Length: 108 pages
Simultaneous Device Usage: Unlimited
Publisher: Equal Love Publishing (February 23, 2019)
Publication Date: February 23, 2019
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B07P2R5722
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There were too many cooks in the kitchen in this one. Or so they thought. Devan and Ori have been rival cooks, ego much, who do not like one another. They are challenged by having to work together on a new cooking show. The network wants the sparks that their adversarial feelings toward one another is guaranteed to bring. But we all know that where there is smoke there is fire and usually it is the fire of passion denied. They have history, having competed in culinary school. As they are forced to re-channel their passionate dislike to help each other succeed things move in a rather sexy direction. In the end they find out that each is the other's missing ingredient.I received a free copy of this book via Booksprout and am voluntarily leaving a review.
Devan, Alpha expects to remain perennial bachelor runs a podcast. Ori, Omega spent career since school competing with Devan. They hired to co-host a cooking show and the fireworks seem to be the best part of the show. Is their animosity real or hiding deeper feelings? Devon helps Ori out in a 'heat' situation and their relationship 'jumps the shark'. Does enything come of the heat situation? How will they face each other the next day on the show? Can they find a way to get along? Like watching bickering teenagers! Continued great character & relationship development. Nice friends making appearances. Absolutely enjoyable story. Excellent series! I received an ARC from Booksprout to review this story.
I love this trope, and it was great to see that both Ori and Devan felt animosity against the other at the beginning of this book. I felt that we didn't get enough of their being enemies before they became lovers, but it didn't detract from the story.The one thing that I find a bit confusing about this whole series is how the characters in these books are all in the same pack, but the pack only very rarely seems to be in contact with each other.
Knot the Enemy is the story of Ori and Devan. They absolutely hate one another. Enemies and competitors to the end. But now they need to work together in a new show, Taste Buds. Devan is an alpha chef who has won awards for his cooking and runs a podcast. His life is all about his career and is in no hurry to find his fated mate or have children. Ori is an omega chef who has spent his schooling and career competing against Devan. He is intelligent but has a smart mouth and loves sparring with Devan. When they begin their show, tensions run high between them, and so do the ratings. Then one night, after being made to share a hotel room, Ori goes into heat. There is only one thing to do, Devan must help him through it so they can film the next day. What started as a delightful favor becomes so much more when they find they are fated. When a surprise complication arises, how will they react and what does it mean for the show?Great story! Ori and Devan are great main characters, both a little selfish and vain. Their arguing was humorous and you could see they were perfect for one another. The addition of filming a show just added to the hilarity and drama. Plenty of emotions to go around in this story also. I always love the inclusion of former main characters and supporting characters. They always add good things to the story and let you catch up on where they are now. This whole series has been fantastic and I cannot wait for the last book. This enemies to lovers story is definitely worth the read.I received a free copy of this book via Booksprout and am voluntarily leaving a review.
(Review with spoilers)New book in the series. I liked it, but not as much as the others (the third is still my favorite).Devan and Ori are old rivals who are forced to work together. Neither of them wanted to do it, but they accepted and discovered that the other was not as they believed, that they could get along, and that there could be more than friendship between them.I love the chemistry between them, and how they are surprised that they can have fun together.At the beginning of the book, I liked Devan better than Ori. Ori is too smug. But, as the story progressed, that changed. I liked Ori much better, and I disliked Devan. After their discussion (his discussion, because he didn't let Ori speak), I stopped liking him, for everything he said, for what he said, for how he hurt Ori with his words, and how he thought he enjoyed it. In the other books I did not get this impression of him being so cruel. Yes, he repents at once, and he thinks that, as a wolf, he won't hurt him anymore and won't break his heart again. But I think Ori forgives him too soon.I love Shane, how he talks to Devan, how he tells him not to lose the best that has ever happened to him. I hope he soon finds his mate.I loved seeing the other couples and their children.
i read this book as part of an arc program. This is the fourth book in the Howling Hills series. In this book, Devan is an alpha who is about to get his won reality show about visiting different restaurants and talking about the food. Devan is happy for the show, but when he learns the producers added his nemesis Ori to join him, he is not impressed. Ori is an omega and also trained as a chef with Devan. Devan and Ori competed with everything and Devan ususally won. Ori hated Devan and Knows they are going to disagree on everything. When Ori goes into heat the night before they are to film a big episode, Devan decides to help him out. Ori knows he has to have sex to stop his heat, or he won't be able to film the show. Both Devan and Ori are even more shocked to find out they are fated mates when Devan knots Ori. They hate each other, but fate seems to think they should be together, so they have to try and figure out how. I loved this book, i laughed at them. I loved Devan and Ori together. They had a love/ hate relationship but i think underneath it all, they really liked each other, but wouldn't admit it. Once they were mated, they had no choice but to admit their feelings. Another good one in this series.
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