Reflections On Judging

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674184653
Size: 68.66 MB
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For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance.

Judges On Judging

Author: David M. O'Brien
Publisher: CQ Press
ISBN: 150634027X
Size: 70.71 MB
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Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench.

Lectures On Kant S Political Philosophy

Author: Hannah Arendt
Publisher: University of Chicago Press
ISBN: 022623178X
Size: 16.52 MB
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Arendt's reflections on judging took the form of a commentary on Kant, owing to “
the curious scarcity of sources providing authoritative testimony. Not till Kant's
Critique of Judgment did this faculty become a major topic of a major thinker.” To
open our discussion of this material, we shall briefly survey the sources in Kant's
work that Arendt appropriates for her theory of judgment, providing a kind of
extended paraphrase of what she seeks to draw from Kant's work. Kant defined
judging as ...

Judging Statutes

Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362157
Size: 13.18 MB
Format: PDF
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Raila is discussed in Chapter 5. RICHARD A. POSNER, THE FEDERAL
COURTS: CRISIS AND REFORM 276 (1985). For a recent Posner critique, see
RICHARD A. POSNER, reflections on judging 199–219 (2013). SCALIA &
GARNER, supra note 90, at 59. See William N. Eskridge, Jr., The New Textualism
and Normative Canons, 113 COLUM. L. REV. 531, 544 (2013). J. Willard Hurst
long ago recognized that the existence of dueling canons without a key may
actually enlarge 23.

Reflections On The Concept Of Law

Author: A. W. Brian Simpson
Publisher: Oxford University Press
ISBN: 0199693323
Size: 24.63 MB
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Judging. a. Pioneer. ItisI. think generally agreed that Hart's The Concept of Law
ranks as a 'classic' contribution to analytical jurisprudence, whatever that is
supposed to mean. There have been dissenting voices, but they have been few
and far between.1 The mere fact that it is still in print and selling after all these
years must I suppose tell us something. There is of course a considerable
secondary literature from critics of Hart's theory of law, but these critics take the
original work ...

Natural Law Theory

Author: Robert P. George
Publisher: Oxford University Press
ISBN: 9780198235521
Size: 51.81 MB
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That 'Nature Herself Has Placed in our Ears a Power of Judging': Some
Reflections on the 'Naturalism' of Cicero HADLEY ARKES Those of us who grew
up with the legends of Franklin Roosevelt were impressed with a series of visual
images that came along with the hagiography: they were scenes from the
Depression and the Second World War, which offered the dramatic setting for the
special mission and story of Roosevelt. Among the pictures from the Depression,
we remember ...

Keeton On Judging In The American Legal System

Author: Robert E. Keeton
Publisher: Lexis Pub
Size: 24.25 MB
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The judge's choices are often hard and must be made under time pressures.
Judging in these circumstances is both difficult and challenging, but less fulfilling
than it might have been if each judge were free to take more time for reflection
about each issue that must be decided. These, I believe, are fundamental truths
about judging. Regardless of your agreement or disagreement with these
assertions, I ask you to read this book, and other materials on this subject, with
your mind open ...

Hegel S Epistemology

Author: Kenneth R. Westphal
Publisher: Hackett Publishing
ISBN: 9780872206458
Size: 56.29 MB
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Reflection. and. Philosophical. Method. 7. Reflections. on. Judgment. and.
Reflective. Judgment. in. Antigone. 7. l Singling out one major theme and aspect
of Antigone from the others, as done in Chapter 3, omits a key feature of
Sophocles' play. Antigone is replete with terms for and discussions of judgment;
Aristotle recognized Sophocles' commentary on a "rule-following" model of
reasoned judgment.1 The predominant model of reasoned judgment is that
judging a particular case ...

Judging Evil

Author: Samuel H. Pillsbury
Publisher: NYU Press
ISBN: 081476875X
Size: 41.59 MB
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See George P. Fletcher, Reflections on Felony-Murder, 12 Sw. U. L. Rev. 413 (
1981); Nelson E. Roth & Scott E. Sundby,The Felony-Murder Rule:A Doctrine at
Constitutional Crossroads, 70 Cornell L. Rev. 446 (1985); Stephen Schulhofer,
Harm and Punishment:A Critique of Emphasis on the Results of Conduct in the
Criminal Law, 122 U. Pa. L. Rev. 1497 (1974);T. B. Macaulay,A Penal Code
Prepared by the Indian Law Commissioners, Note M, 64–65 (1837); but see
David Crump ...