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 PosnerBut Friedman seemed to share Friedrich Hayek's extreme and inaccurate view that socialism of the sort that Britain embraced under the old Labour Party was incompatible with democracy, and I don't think that there is a good theoretical or empirical basis for that view. The Road to Serfdom flunks the test of accuracy of prediction!
Richard PosnerMacKinnon's treatment of the central issue of pornography as she herself poses it - the harm that pornography does to women - is shockingly causal. Much of her evidence is anecdotal, and in a nation of 260 Million people, anecdotes are a weak form of evidence.
Richard PosnerA diversity of approaches is necessary if there is to be a good chance of hitting on one that works. Progress is a social undertaking & achievement, because people see things differently
Richard Posner