Richard A. Posner Quotes & Sayings

Marcuse also believed that sexuality was a political., an ideological, category, not found but made. — 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

There are really only two standards of appellate review: plenary and deferential. Conventionally there are four basic standards (with many variants), which in ascending order of deference to the trial court or administrative agency are de novo, clearly erroneous, substantial evidence, and abuse of discretion. But the last three are, in practice, the same, because finer distinctions are beyond judges' cognitive capacity. The multiplication of unusual distinctions is a familiar judicial pathology. — Richard A. Posner

Capitalism is not a synonym for free markets. — 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

A poem by Rudyard Kipling says derisively of people who despise soldiers and police that they make 'mock o' uniforms that guard you while you sleep.' You are likely to have a strong reaction pro or con to this sentiment and how Kipling expressed it, but you will not be able to defend your view with arguments that would convince someone who has the opposite reaction. If you are intellectually sophisticated you mare recognize that your conviction, however strong, cannot be shown to be 'right,' but at most reasonable. Yet that recognition will not weaken the strength of your conviction or its influence on your behavior." 105-06 (quoting Rudyard Kipling, Tommy.) — Richard A. Posner