The Nature of the Judicial Process - Softcover

Cardozo, Benjamin N.

Softcover

ISBN 10: 1610278038 ISBN 13: 9781610278034

Publisher: Quid Pro, LLC, 2016

Synopsis

The legendary book by Justice Benjamin N. Cardozo explaining, in detail and with his famous style, how judges make decisions. Featuring a modern explanatory Foreword by Andrew L. Kaufman, law professor at Harvard and Cardozo's premier biographer, the Quid Pro Books edition is presented in a contemporary and legible format, with careful formatting, readable font, true footnotes, and photographs. As part of the Legal Legends Series, the correct page numbers are embedded so that passages can be accurately cited or found from the 1921 edition. No other current version of this important work uses correct pages or presents it in an updated and accurate form; no other contains an explanatory and historical introduction. Judges don't discover the law, they create it. Cardozo (1870-1938) offered the world a candid and self-conscious study of how judges decide law--they are law-makers and not just law-appliers, he knew--drawn from his insights on the bench, in a way that no judge had before. Asked "What is it that I do when I decide a case? To what sources of information do I appeal for guidance?," Cardozo answered in timeless prose. This book is still read today by lawyers and judges, law students and scholars, historians and political scientists, and philosophers--anyone interested in how judges really think and the many decisional tools they employ. Already famous at the time 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, Cardozo filled the lecture hall at Yale when he finally answered the frank query into what judges do and how they do it. The lectures became a landmark book and a source for all other studies of the ways of a judge.

About this title

About 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.

From the Back Cover

In this famous treatise, Benjamin N. Cardozo, from 1932-1938 Associate Justice of the United States Supreme Court, describes in simple and understandable language the conscious and unconscious processes by which a judge decides a case. He discusses this sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, and standards of justice and morals have in shaping his decisions.

Edition details

• Publisher: Quid Pro, LLC
• Publication date: 2016
• Language: English
• ISBN 10: 1610278038
• ISBN 13: 9781610278034
• Binding: Paperback
• Number of pages: 158