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Behavior Quote by Richard Posner

“The confidentiality of the judicial process would not matter greatly to an understanding and evaluation of the legal system if the consequences of judicial behavior could be readily determined. If you can determine the ripeness of a cantaloupe by squeezing or smelling it, you don't have to worry…” quote by Richard Posner
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“The confidentiality of the judicial process would not matter greatly to an understanding and evaluation of the legal system if the consequences of judicial behavior could be readily determined. If you can determine the ripeness of a cantaloupe by squeezing or smelling it, you don't have to worry about the produce clerk's mental processes.”

Richard Posner

About This Quote

Source Article: Legal Theory, 1990

Judicial outcomes matter more than hidden mental processes in evaluating law.

In simple terms: Focus on results, not judges' thoughts.

Key Takeaway

Assess law by its effects.

Themes

law judiciary evaluation

Mood

analytical critical

Type

philosophical legal

When to use this quote

  • court decisions
  • policy analysis
  • public trust

Key Concepts

legal theory outcome bias

Questions to Reflect On

  • How do we measure fairness beyond outcomes?
  • Can intent be inferred reliably?
A Different Perspective

Ignores the role of intent and fairness.

3.7 out of 5 (10 ratings)

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