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The Nature of the Judicial Process is a legal classic written by Associate Justice of the United States Supreme Court, and New York Court of Appeals Chief Judge Benjamin N. Cardozo in 1921. It was compiled from The Storrs Lectures delivered at Yale Law School earlier that year.
- Benjamin N. Cardozo
- 1921
22. Apr. 2016 · The Subconscious Element in the Judicial Process. Conclusion. Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American jurist who served on the New York Court of Appeals and later as an Associate Justice of the Supreme Court.
1. Jan. 2005 · 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...
30. März 2022 · 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 legislator -- Lecture IV. Adherence to precedent ; The subconscious element in the judicial process ; Conclusion
What is the judicial process ? Kantorowicz (Rechtswissen- schaft und Soziologie, p. 5) tells us that according to popular con- ception in Germany, it consists, or ought to consist, in dropping an appropriate section of a statute into a hopper, turning the crank and pulling out the correct decision at the bottom.
18. Dez. 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.
Delivered as a set of four lectures in 1921, The Nature of the Judicial of the Process is a somewhat meandering set of reflections on judicial decisionmaking, filled with long sentences and even longer quotations from.
