Antitrust Law - (Second Edition)

Author: Posner
Publisher:
Publish Date: 2003-01-01
Features: Why was Posner appointed as the mediator? If Chinese people were concerned and had seriously thought about this issue, they would find it very strange, and this strangeness would be very different from what Americans would feel. Posner is the Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, which, in terms of his position, is at least equivalent to the president of a high court in a Chinese province or municipality, or even higher; 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—let's 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 the "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 this time. Even if they did have the courage, I believe the presidents of the Beijing or Shanghai High Courts would not accept it, and privately, they might even consider it an "insult" or "contempt" toward them. So why did Posner accept such an appointment? Although this alone is enough to support the ongoing reflections in the legal and legal academia circles about China's judicial system, this article focuses primarily on why a judge, particularly Posner, was appointed to mediate this case. Approaching this question may raise some more important issues in legal theory and practice, and indirectly answer the judicial system question raised above.