Cardozo examines the meaning of justice, the science of values and the relationship between individual and society. Originally published: New York: Columbia University Press, 1928. v, 142 pp.
His many references in these lectures to Greek philosophy show how great a part his early classical training played in the formation of his ideas; in relating his general principles to the concrete cases which, in his words, he used as a kind of legal litmus paper, he was a true Aristotelian. --ARTHUR L. GOODHART, Five Jewish Lawyers of the Common Law 59-60.
The paradoxes or puzzles of legal science are, in many cases, not peculiar to the law, as Judge Cardozo s discussion impliedly recognizes. In legal controversies there happen to be presented, in formal opposition, the conflicting claims which it is the function of all who work with and for men -- legislators, administrators and judges -- to attempt to adjust in some manner that will result in a minimum of friction in the social order. -- U.S. Law Review 63 (1929):555
BENJAMIN N. CARDOZO 1870 1938] was an associate justice of the Supreme Court and one of the most influential American jurists of the twentieth century. The Paradoxes of Legal Science was published when he was chief judge of the New York Court of Appeals. It is based on his James S. Carpentier Lectures delivered at Columbia University in 1927 1928."

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.

The Nature of the Judicial Process reflects the profound intellect of one of the most highly regarded jurists in American history. Despite its age, Justice Cardozo's classic treatise provides insights into the "real" workings of the judicial decision making process that remain relevant to a modern analysis of American jurisprudence. His exploration of the motivations, ideals, and even prejudices of judges serves to demystify this crucial aspect of the legal system. His insights into "legal realism" provide an appreciation of this judicial approach and offers an understanding of its underlying rationale, as well as an argument for its continued utility for modern jurists. Most importantly, he strives to make the judicial process comprehensible and, even, approachable to the non-practitioner of law, as well as law students, thus attempting to make public law, truly, "public." The book is a good introduction to law and its processes--and one of the best short books ever written about judicial philosophy.

2011 Reprint of 1921 Edition. Full facsimile of the original edition, not reproduced with Optical Recognition Software. In this famous treatise, Cardozo describes in simple and understandable language 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 the standards of justice and morals have in shaping his decisions. This is a classic text on the subject.

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Yale Law School LibraryCTRG98-B738Includes index.Albany, N.Y.: Banks, 1909. xvi, 331 p.; 20 cm

This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Yale Law School LibraryCTRG99-B31These lectures, given at the Law School of Yale University in December, 1923, are to be regarded as a supplement to lectures given at the same University in 1921, and published by the Yale University Press under the title of 'The nature of the judicial pNew Haven: Yale University Press, 1924. 145 p.; 19 cm

This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!

This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court. Here, Cardozo addresses one of the greatest challenges for the law: dealing with gray areas and middle grounds. These lectures cover his solutions for the conundrums presented by: [ "The Method of Philosophy" [ "The Methods of History, Tradition and Sociology" [ "The Method of Sociology, and the Judge as a Legislator" [ "Adherence to Precedent, and the Subconscious Element in the Judicial Process"

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.

The Nature of the Judicial Process is a clean and concise explanation of the judicial process. "This book reflects the profound intellect of one of the most highly regarded jurists in American history. Despite its age, Justice Cardozo's classic treatise provides insights into the "real" workings of the judicial decision making process that remain relevant to a modern analysis of American jurisprudence. His exploration of the motivations, ideals, and even prejudicies of judges serves to demystify this crucial aspect of the legal system. His insights into "legal realism" provide an appreciation of this judicial approach and offers an understanding of its underlying rationale, as well as an argument for its continued utility for modern jurists. Most importantly, he strives to make the judicial process comprehensible and, even, approachable to the non-practitioner of law, as well as law students, thus attempting to make public law, truly, public." This review can be found in The Nature of the Judicial Process (The Storrs Lectures Series)

This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court. Here, Cardozo addresses one of the greatest challenges for the law: dealing with gray areas and middle grounds. These lectures cover his solutions for the conundrums presented by: [ "The Method of Philosophy" [ "The Methods of History, Tradition and Sociology" [ "The Method of Sociology, and the Judge as a Legislator" [ "Adherence to Precedent, and the Subconscious Element in the Judicial Process"

"Truly scientific in spirit and method, presenting its subject with the balance, restraint and clarity which have marked the author's distinguished service as a judge."-Harlan F. Stone, Chief Justice of the United States Supreme Court, 1942-1946 In this classic treatise a Supreme Court Justice describes in simple and understandable language 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.

Judge Cardozo develops further in this book the theory of law expressed in "The Nature of Judicial Process. "Having dealt with the question, "How do I decide a case?" he now asks, "How "should "I decide it?"
"The present work glows with the same passionate sincerity that marks his judicial utterances . . . facility of expression, breadth of imagination, and lucidity of thought."--"Columbia"" Law Review"