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The Nature of the Judicial Process Paperback – February 1, 2012
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The book is a good introduction to law and its processes. It certainly is not an authoritative text, as certain of his discussions seem to be out of date. However, given the authority accorded Cardozo in the legal world one can hardly go wrong starting out with this book.
This book, first published in 1921, is a series of four lectures by then Judge Cardozo outlining his method of judicial process. The first lecture lays out a philosophical method. He explores the implications of Constitutional priority as well as the principle of stare decisis. 'Stare decisis is at least the everyday working rule of our law.' Cardozo is well aware of judicial power, be it in the Supreme Court or the lower courts. 'Every judgment has generative power,' he wrote, 'it begets in its own image.' However, precedent is not all powerful, and a good dose of reason and logic must be present in decision making.
In his second lecture, Cardozo looks at the issues of history (apart from precedent and particular case law), tradition and sociology in the judicial process. These all speak to the way in which society influences and shapes what kinds of judicial decisions and processes are needed. The third lecture develops this further, even going so far as to have the subtitle 'The Judge as Legislator.' This goes to the heart of one of the principles heavily in debate in the current Supreme Court and lower court selections.Read more ›
In fact, the printing I received seems to be a poorly formatted PDF printout of an older scanned copy (in a fancy binding). It seems to include some underlining and comments from the owner of the original book.
I felt a little cheated by the publisher - Bibliolife.
Most Recent Customer Reviews
This book is a classic. While I like another edition better (the cover art) this book came complete, and in good condition.Published 3 days ago by M.Cudmore
This book is great and really goes over some interesting analysis when it comes to judging. Cardozo is brilliant and there is no reason not to read this book. Read morePublished on March 11, 2011 by KnowItAll
Cardozo cannot string a sentence together that is simple and clear. He may have been a judicial giant, but how would you know from his writing? Read morePublished on May 6, 2006 by James B. Johnson