Overview

Judges don’t just discover the law, they create it. A renowned and much-used analysis of the process of judicial decision-making, Benjamin Cardozo's book is considered a classic. It's finally in a quality digital edition with active contents, linked and correctly numbered footnotes, and hyper-accurate reproduction of text and notes. Features a new, explanatory Foreword (2010) by Justice Cardozo’s premier modern biographer, Andrew Kaufman, ...
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The Nature of the Judicial Process

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Overview

Judges don’t just discover the law, they create it. A renowned and much-used analysis of the process of judicial decision-making, Benjamin Cardozo's book is considered a classic. It's finally in a quality digital edition with active contents, linked and correctly numbered footnotes, and hyper-accurate reproduction of text and notes. Features a new, explanatory Foreword (2010) by Justice Cardozo’s premier modern biographer, Andrew Kaufman, professor at Harvard Law School and author of "Cardozo" (Harvard Univ. Press, 1998).

Justice Cardozo offered the world a candid and self-conscious study of how judges decide cases and the law — they are lawmakers and not just law-appliers, he knew — all drawn from his insights and experience on the bench in a way that no judge had done before. Asked the basic questions, “What is it that I do when I decide a case? To what sources of information do I appeal for guidance?,” Cardozo answered them in his methodical, rich, and timeless prose, explaining the proper use of such decisional tools as logic and analogy to precedent; analysis of history and tradition; application of public policy, community mores, and sociology; and even the subconscious forces that drive judges' decisions. This book has had an impact on the introspective examination of the lawmaking process of the courts in a way no other book has had, and it continues to be read today by lawyers and judges, law students and scholars, historians and political scientists, and philosophers — among others interested in how judges really think and the tools they employ. Brought to a new generation by Professor Kaufman, as part of the Legal Legends Series by Quid Pro Books, this edition is the understandable and usable rendition of a classic work of law and politics.

Unlike any other digital edition of this great book — online or ebook, at any price — this version features true ebook formatting, careful proofreading to preserve the author's actual words, and active links. It retains the pagination of the original Yale editions embedded into the text, for continuity of referencing and assignment to classes. No other edition includes a substantive and biographical introduction.

This NOOKbook is also available in paperback and library-quality hardcover editions: please look for the same cover on the paperback, also from "Quid Pro"; and as on the hardback Professor Kaufman is listed in the header as having contributed. Print editions likewise feature his new Foreword and embed pagination from the original. (Other currently sold print versions, even ones that reproduce the actual pages in a photocopied form and would appear to follow the original, tend to use different page numbering.) This continuity across platforms, its availability in all leading formats, and the affordable pricing — all make the Quid Pro edition easy to assign or recommend for classwork and research in political science, history, and law. (Note: no versions other than Quid Pro's, regardless of their product descriptions or links on this site, actually include the new Foreword.)
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Product Details

  • BN ID: 2940012406729
  • Publisher: Quid Pro, LLC
  • Publication date: 8/26/2010
  • Series: Legal Legends , #0
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 158
  • Sales rank: 1,096,482
  • File size: 532 KB

Meet the Author

Famous for his trenchant and fluid opinions as a Justice on New York’s highest court — he is still studied on questions of torts, contracts, and business law — and later a Justice of the U.S. Supreme Court, Benjamin Cardozo filled the lecture hall at Yale when he finally answered the frank query into what judges do and how do they do it. The lectures became a landmark book and a source for later studies of the ways of a judge.
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