Antitrust Law (Second Edition)

Author: Richard A. Posner
Publisher:
Publication Date: 2003-01-01
Features: Why was Posner appointed as the mediator? If Chinese people who care about and seriously consider this issue would find it very strange, and this strangeness would be very different from what Americans feel. Posner is the Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, at least in terms of his position, equivalent to or even higher than the president of a high court in a Chinese province or municipality; yet he was appointed by a regular judge of the U.S. District Court. This is almost like a judge from the Haidian District Court of Beijing—say, Judge Shang Xiuyun—appointing the president of the Beijing High Court or the Shanghai High Court as a mediator. To Chinese people, this is a disruption of "hierarchy." Not only is the existing system not allowed to do so, but at least no grassroots court judge has the courage to do so at present; even if they did, I believe the presidents of the Beijing or Shanghai High Courts would not accept it, and privately consider it an "insult" or "contempt" toward them. And why would Posner accept such an appointment? Although this is enough to support the ongoing reflections in the legal and legal academia about China's judicial system, this article focuses on why a judge, especially Posner, was appointed to mediate this case. Starting from this point may raise some more important issues in legal theory and practice, and indirectly answer the judicial system question raised above.