How Judges Think by Richard A. Posner

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John Rodrigues , 7 minutes ago

Book passes judgement on American system and sentences law schools to recognize empirical judicial method. Bayesian analysis is applied (which, incidentally, Groopman also did in “How Doctors Think” 2007). This reveals that judging styles are based on preconceptions which are personal, political and surprisingly pragmatic. Uncertainty is a major characteristic; the practice is not automated since precedents prevent predictability. Judges are allowed independence by the state enforced by conflict of interest ...

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