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Quotes from Richard A. Posner

Capitalism is not a synonym for free markets.
~ Richard A. Posner
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
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
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
The outstanding examples are still Cardozo's Nature of the Judicial Process18
~ Richard A. Posner
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
Marcuse also believed that sexuality was a political., an ideological, category, not found but made.
~ Richard A. Posner
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