Judges don't just discover the law, they create it. A renowned and
much-used analysis of the process of judicial decision-making, now
in a library-quality cloth edition with modern formatting and
presentation. Includes embedded page numbers from the original 1921
edition for continuity of citations and syllabi. Features a new,
explanatory Foreword by Justice Cardozo's premier biographer,
Andrew L. Kaufman, senior professor at Harvard Law School and
author of "Cardozo" (Harvard Univ. Press, 1998).Justice Benjamin
Nathan Cardozo (1870-1938) 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 impacted the introspective examination of
the lawmaking process of the courts in a way no other book has had.
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.Judges are people, and lawmakers, too. "The great tides
and currents which engulf the rest of men, do not turn aside in
their course, and pass the judges by. We like to figure to
ourselves the processes of justice as coldly objective and
impersonal. The law, conceived of as a real existence, dwelling
apart and alone, speaks, through the voices of priests and
ministers, the words which they have no choice except to utter.
...It has a lofty sound; it is well and finely said; but it can
never be more than partly true." Beyond precedential cases and
tradition, judges make choices, using methods of analysis and
biases that ought to be examined.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. Brought to a new generation by Professor
Kaufman, and presented as part of the properly formatted Legal
Legends Series of Quid Pro Books, this edition is the
understandable and usable rendition of a classic work of law and
politics.
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