The Nature of the Judicial Process - Brossura

Cardozo, Benjamin N.

 
9780486443867: The Nature of the Judicial Process

Sinossi

A distinguished jurist provides insights into the judicial role by asking and answering the question, "What is it that I do when I decide a case?" In this legal classic, Benjamin N. Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.
Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.
Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.

Le informazioni nella sezione "Riassunto" possono far riferimento a edizioni diverse di questo titolo.

Product Description

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.

Contenuti

Lecture I. Introduction. The Method of Philosophy Lecture II. The Methods of History, Tradition and Sociology Lecture III. The Method of Sociology. The Judge as a Legislator Lecture IV. Adherence to Precedent. The Subconscious Element in the Judicial Process. Conclusion

Le informazioni nella sezione "Su questo libro" possono far riferimento a edizioni diverse di questo titolo.

Altre edizioni note dello stesso titolo