4 ms·
Richard Posner from the 7th circuit said something like this: (a) decide which way one wants to rule (b) find the relevant reasoning to effect (a). What we are
by raincom 7y ago
Richard Posner from the 7th circuit said something like this: (a) decide which way one wants to rule (b) find the relevant reasoning to effect (a).
What we are told is the other way around, a fiction: Reasoning drives the decisions.
Sure, judges can't decide arbitrarily. They have a range of reasonings, a set of outcomes, along with prevailing political/intellectual/economic winds. Just pick an appropriate combination.