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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 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.
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 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.
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
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!
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 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"
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.
"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"
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