December 5, 2006
Interesting Piece on Judge Posner
There's an interesting opinion piece on balkanization on Judge Posner here. "A very substantial number of lawyers believe that Chief Judge Posner routinely does not pay sufficient attention to the facts, or leaves out crucial facts, in order to reach desired conclusions….Chief Judge Posner feels less constrained by precedent, history, and the proper limits on appellate judging than, in the Council’s view, he should…”]. It's pertinent here, though it doesn't address statutory interpretation as such, because it implicates the role of the judge as finder, or maker, of legal meaning. E.g., do judges objectively and archeologically uncover meaning, or do they pragmatically decide what the statute "ought" to mean and back it out from there?