The Nature of the Judicial Process

The Nature of the Judicial Process PDF

Author: Benjamin Nathan Cardozo

Publisher:

Published: 1921

Total Pages: 218

ISBN-13:

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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Cardozo

Cardozo PDF

Author: Andrew L. Kaufman

Publisher: Harvard University Press

Published: 1998

Total Pages: 764

ISBN-13: 9780674096455

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Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.

Cardozo

Cardozo PDF

Author: Richard A. Posner

Publisher: University of Chicago Press

Published: 2019-08-05

Total Pages: 169

ISBN-13: 022671568X

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What makes a great judge? How are reputations forged? Why do some reputations endure, while others crumble? And how can we know whether a reputation is fairly deserved? In this ambitious book, Richard Posner confronts these questions in the case of Benjamin Cardozo. The result is both a revealing portrait of one of the most influential legal minds of our century and a model for a new kind of study—a balanced, objective, critical assessment of a judicial career. "The present compact and unflaggingly interesting volume . . . is a full-bodied scholarly biography. . . .It is illuminating in itself, and will serve as a significant contribution."—Paul A. Freund, New York Times Book Review

The Nature of the Judicial Process

The Nature of the Judicial Process PDF

Author: Benjamin Nathan Cardozo

Publisher:

Published: 1921

Total Pages: 192

ISBN-13:

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In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case. In simple, understandable language, he discusses the ways rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.

The Nature of the Judicial Process

The Nature of the Judicial Process PDF

Author: Benjamin Cardozo

Publisher:

Published: 2010-11-01

Total Pages: 76

ISBN-13: 9781611041095

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This legendary book by Justice Benjamin N. Cardozo explains, in detail and with his famous style, how judges make decisions. 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 do they do it. The lectures became a landmark book and a source for all other studies of the ways of a judge.

The Altruist in Politics

The Altruist in Politics PDF

Author: Benjamin N. Cardozo

Publisher: Good Press

Published: 2020-03-16

Total Pages: 16

ISBN-13:

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In 'The Altruist in Politics', Benjamin N. Cardozo delivers an electrifying commencement oration, challenging the existing order and calling for a profound shift in politics. With keen insights, he dissects the spirit that divides the privileged few from the millions who remain unseen, unheeded, and oppressed. Drawing from the echoes of history, Cardozo explores the age-old cry for communism as a solution to social inequality and envisions a world where wealth and power are shared equitably.