How Judges Think Richard A. Posner is an English-language printed textbook about judges’ decision-making. The book is intended for students and professionals in higher education and offers an in-depth analysis of how judges think and their role within the legal system.
Posner, an experienced American appellate judge, distinguishes between routine cases in which legal rules are clearly applicable and complex issues in which judges decide based on experience, emotions, and unconscious beliefs. In those situations, judges take on a kind of legislative role within ethical and institutional limits. This process highlights pragmatism in judicial judgment, with the consequences of decisions taking center stage rather than abstract logic.
Among other things, the book discusses how American courts work, the political aspects of judicial power, and the special position of the Supreme Court as a policymaker. Topics such as legal philosophy, legal systems, and procedures are covered extensively.
How Judges Think is a valuable resource for anyone who wants to gain insight into how judges and justices approach complex legal questions.