Como constroem os juízes a decisão de casos difíceis? R. Posner e o Direito como uma Área Aberta. Algumas reflexões

Resumo

Abstract:

In “How Judges Think” R. Posner’s main purpose is to develop a “cogent, unified, realist and appropriately eclectic account of how judges arrive to their decisions in nonroutine cases”.

Because “law” is unnable to generate acceptable answers to all legal questions there’s an open area in which judges have decisional discretion.

This article focuses on that concept of “open area” and in how judges behave when they are judging in the open area.

Key-words: open area; non-routine cases; pragmatism.