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.
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.
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
Here the influential Associate Justice of the Supreme Court Benjamin Cardozo [1870-1938] examines the nature of the relationship between justice and law.
As one of America's most influential judges, first on New York State's Court of Appeals and then on the U.S. Supreme Court, Cardozo oversaw legal transformation daily. How he arrived at his rulings, with their far-reaching consequences, becomes clear in this book, the first to explore the connections between Cardozo's life and his jurisprudence.
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
A collection of short, and often unusual, observations about the complexities of human existence and religious meaning. Rabbi Cardozo masterfully weaves together the intriguing perspectives of renowned Western and religious thinkers spanning the ages. Each Thought contains stimulating and eye-opening concepts that will plant seeds of curiosity in the minds of readers.
