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22 de abr. de 2016 · The Nature of the Judicial Process. by. Benjamin N. Cardozo, LL.D. copyright 1921. Yale University Press. The Addresses contained in this book were delivered in the William L. Storrs Lecture Series, 1921, before the Law School of Yale University, New Haven, Connecticut. Includes: In Memorium - Arthur P. McKinstry. Lecture I - Introduction.
The central question of The Nature of the Judicial Process is how judges should decide cases. Cardozo's answer is that judges should do what they have always done in the Anglo-American legal tradition, namely, follow and apply the law in easy cases, and make new law in hard cases by balancing competing considerations, including the ...
30 de ago. de 2010 · The Nature of the Judicial Process Paperback – August 30, 2010. by Benjamin N. Cardozo (Author), Andrew L. Kaufman (Introduction) 4.9 28 ratings. See all formats and editions. The legendary book by Justice Benjamin N. Cardozo explaining, in detail and with his famous style, how judges make decisions.
The Nature of the Judicial Process. By BENJAMIN N. CARDOZO. (New Haven: Yale University Press. 1921. Pp. 180.) Seldom in a similar space will a student of legal institutions find so much of interest as in these lectures of Judge Cardozo.
My analysis of the judicial process comes then to this, and little more: logic, and history, and custom, and utility, and the accepted standards of right conduct, are the forces which singly or in combination shape the progress of the law.
18 de dic. de 2020 · 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.
Its four chapters deal with: 1. The Method of Philosophy; II. The Methods of History, Tradition and Sociology; III. The Method of Sociology and the Judge as a Legislator; IV. Adherence to Precedent, the Subconscious Element in the Judicial Process.
