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PHL 227 4-27

PHL 227 4-27 - The equal protection of its laws 1...

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The best thing for the judge to do when a statute is invoked is to examine the consequences of giving the invoker what he wants and then estimate whether those consequences will on the whole be good ones. Posner's Pragmatism: when interpretation fails to determine a single reading of the text, the judge should decide which reading would have the best consequences, and rule accordingly. Interpretation is a process of extracting what is in the law you are interpreting
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Unformatted text preview: The equal protection of its laws 1. Predicting consequences requires judging whether the requisite conditions are present for the consequences to be produced. Which social arrangements would have the best consequences? Which ruling would have the best consequences? Are these the same questions? 2. Don't idealize. 3. Include consequences of implementing the ruling. 4. Include the consequences of ruling unpredictably...
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