The Nature of the Judicial Process [NOOK Book]

Overview


A distinguished jurist provides insights into the judicial role by asking and answering the question, "What is it that I do when I decide a case?" In this legal classic, Benjamin N. Cardozo ? an Associate Supreme Court Justice of the United States from 1932-38 ? explains a judge's conscious and unconscious decision-making processes.
Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his ...
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The Nature of the Judicial Process

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Overview


A distinguished jurist provides insights into the judicial role by asking and answering the question, "What is it that I do when I decide a case?" In this legal classic, Benjamin N. Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.
Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.
Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.
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Product Details

  • ISBN-13: 9780486165547
  • Publisher: Dover Publications
  • Publication date: 7/31/2012
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 192
  • File size: 372 KB

Meet the Author

Benjamin Nathan Cardozo (1870-1938) was a well-known American lawyer and associate Supreme Court Justice. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style. Although Cardozo only served on the Supreme Court from 1932 until his death six years later, the majority of his landmark decisions were delivered during his eighteen year tenure on the New York Court of Appeals, the highest court of that state.
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Table of Contents

Lecture I. Introduction. The Method of Philosophy
Lecture II. The Methods of History, Tradition and Sociology
Lecture III. The Method of Sociology. The Judge as a Legislator
Lecture IV. Adherence to Precedent. The Subconscious Element in the Judicial Process. Conclusion
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