Quotes from Richard A. Posner
Capitalism is not a synonym for free markets.
~ Richard A. Posner
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But the fact that judges follow precedent regularly even though not invariably does not support the legalistic theory as strongly as one might expect. The original precedent in a line of precedents could not have been based on precedent.
~ Richard A. Posner
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A Supreme Court Justice writing about constitutional theory is like a dog walking on his hind legs; the wonder is not that it is done well but that it is done at all.
~ Richard A. Posner
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I do not apologize for these terms or, more generally, for discussing judicial thinking in a vocabulary alien to most judges and lawyers. Judicial behavior cannot be understood in the vocabulary that judges themselves use, sometimes mischievously. (11)
~ Richard A. Posner
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The outstanding examples are still Cardozo's Nature of the Judicial Process18
~ Richard A. Posner
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One understands why law clerks follow the Bluebook. But why a judge would direct his law clerks to do so, or even tolerate their doing so, is a mystery to me. Are judges sheep? Why should they care what kids at the Harvard Law Review consider proper abbreviation?
~ Richard A. Posner
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Marcuse also believed that sexuality was a political., an ideological, category, not found but made.
~ Richard A. Posner
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There is no reason why pragmatists steeped in Darwinism should not be reactionary or conservative, and so it is no surprise that some have been.
~ Richard A. Posner
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