Benjamin N. Cardozo – författare

"Truly scientific in spirit and method, presenting its subject with the balance, restraint and clarity which have marked the author's distinguished service as a judge."—Harlan F. Stone, Chief Justice of the United States Supreme Court, 1942–1946In this classic treatise a Supreme Court Justice describes in simple and understandable language the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Judge Cardozo develops further in this book the theory of law expressed in The Nature of Judicial Process.  Having dealt with the question, “How do I decide a case?” he now asks, “How should I decide it?”“The present work glows with the same passionate sincerity that marks his judicial utterances . . . facility of expression, breadth of imagination, and lucidity of thought.”—Columbia Law Review

Judge Cardozo discusses the twofold need of law today--first, a scientific restatement that will bring certainty out of the wilderness of precedent; second, a philosophy that will supply a principle of growth.

The Nature of the Judicial Process by Benjamin N. Cardozo is one of the most influential works on American jurisprudence. Written while Cardozo was a judge on the New York Court of Appeals (before joining the US Supreme Court), it explores how judges actually decide cases and the philosophy behind judicial decision-making.Cardozo asks, a What is it that I do when I decide a case?a He aims to uncover the principlesa "e;both conscious and unconsciousa "e;that guide judicial reasoning. Cardozo identifies four main sources that influence judicial decisions: Precedent, History and Custom, the sense of Justice or Moral Philosophy, Social Welfare or Utility. He emphasizes that these sources interact and often conflict, requiring judges to balance them rather than follow any single one absolutely.The Nature of the Judicial Process is widely respected for its clarity, its honesty about how law and judging really work (including tensions, uncertainty, moral influence), and its influence on subsequent legal theory.