The legendary book by Justice Benjamin N. Cardozo explaining, in
detail and with his famous style, how judges make decisions.
Features a new, explanatory Foreword by Andrew L. Kaufman, a law
professor at Harvard and Cardozo's premier biographer ("Cardozo,"
Harvard U.P., 1998), and presented in a modern 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
Foreword. 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 do they do it. The lectures became a
landmark book and a source for all other studies of the ways of a
judge.
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