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Nature of the Judicial Process

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By: (1870-1938)

In "Nature of the Judicial Process," Benjamin N. Cardozo offers insight into the complexities of decision-making within the judicial system. Through his exploration of legal theory and precedent, Cardozo emphasizes the importance of judicial reasoning and the necessity of balancing individual rights with societal needs.

Cardozo's writing is clear and concise, making this book accessible to both legal scholars and general readers interested in the workings of the judiciary. His analysis of past court cases is illuminating, providing a valuable framework for understanding the evolution of legal principles and the role of judges in interpreting and applying the law.

Overall, "Nature of the Judicial Process" is a thought-provoking and insightful examination of the judicial system. Cardozo's eloquent prose and thorough research make this book a must-read for anyone seeking a deeper understanding of the complexities of legal decision-making.

Book Description:
Benjamin N. Cardozo, one of the most influential American justists of his era, served as the New York Court of Appeals Chief Justice, before joining the Supreme Court. His 1921 book The Nature of the Judicial Process, now considered a legal classic, was compiled from The Storrs Lectures delivered at Yale Law School earlier that year. In it he analyzes various factors underlying judicial decisions, and how these decisions in their turn influence the development of law, contrasting abstract ideals with court practice, and comparing American and English common law with legal systems of continental Europe.

From Lecture I: "The directive force of a principle may be exerted along the line of logical progression; this I will call the rule of analogy or the method of philosophy; along the line of historical development; this I will call the method of evolution; along the line of the customs of the community; this I will call the method of tradition; along the lines of justice, morals and social welfare, the mores of the day; and this I will call the method of sociology."


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