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The Nature of the Judicial Process (1921)
In this famous treatise, Benjamin N. Cardozo, from 1932-1938 Associate Justice of the United States Supreme Court, describes in simple and understandable language the conscious and unconscious processes by which a judge decides a case. He discusses this sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, l...more
Paperback, 184 pages
Published
by Kessinger Publishing
(first published 1960)
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Almost everything I need to know about many current themes in the American legal system, and helping me to guide clients for the future.
Dannielle
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Recommends it for:
people who want context on the current discussion about the role of Supreme Court judges
I read this book as a lay person hoping to shed some light on all the current discussions about "activist judges" on the Supreme Court and the proper role of the judicial branch in our system. This book definitely helped.
I particularly thought the organization of the chapters into discussions focusing on one method or set of methods at a time was useful and made an otherwise dense, esoteric topic somewhat more accessible. Still, while it wasn't a hard read necessarily, ...more
I particularly thought the organization of the chapters into discussions focusing on one method or set of methods at a time was useful and made an otherwise dense, esoteric topic somewhat more accessible. Still, while it wasn't a hard read necessarily, ...more
César
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Recommends it for:
people interested in development of legal theory
Shelves:
law
cardozo, the famous former supreme court justice, shatters the myth of law's objectivity. instead, he argues that law has a "subconscious," that is, the underlying philsophies that drive judges whose duty it is to interpret law.
Anyone interested in judicial reasoning must read this book. Cardozo brings the spirit of a poet to the bench.
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