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The Nature of the Judicial Process
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Bibliographic Detail
Publisher Createspace Independent Pub
Publication date October 7, 2009
Pages 64
Binding Paperback
Book category Adult Non-Fiction
ISBN-13 9781449546557
ISBN-10 1449546552
Availability§ Apply Direct
Original list price $4.95
§As reported by publisher
Summaries and Reviews
Amazon.com description: Product Description: Benjamin Nathan Cardozo has often been held up as one of the leading Supreme Court Justices in history, despite serving a mere six years on the high court (1932-38). Prior to this tenure, he served on the New York Court of Appeals, one of the principal courts of the nation, particularly during his time, from 1913-1932. Cardozo's opinions on interstate commerce, conflict of laws between federal and state, and congressional powr are still required reading not only for law school students, but also for those engaged in understanding the general manner in which Constitutional law is developed and regarded. 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. However, this kind of 'judicial activitism' is not the sole province of one political side or the other. Cardozo writes, 'sometimes the conservatism of judges has threatened for an interval to rob the legislation of its efficacy.' However, in speaking of the role of judge as legislator, Cardozo states, 'he legislates only between gaps. He fills the open spaces in the law. How far he may go without traveling beyond the walls of the interstices cannot be staked out for him upon a chart.' Cardozo argues that this is far from a new way of thinking, and that this is precisely how the great tradition of the common law developed. Late in the third and throughout the fourth lecture, Cardozo looks at the issue of the subconscious or unconscious development of law and process for judges. This happens in legislation, too, Cardozo argues - when laws are examined in judicial settings, their dissection often reveals unintended and unknown aspects. The same must be true for the judicial process. Cardozo reasserts the principle of following precedent in a practical sense, and argues that that judicial process, being a human one, is bound by certain situations, but that the process as a whole is self-correcting. 'The eccentricities of judges balance one another.... Out of the attrition of diverse minds there is beaten something which has a constancy and uniformity and average value greater than its component elements.' Cardozo's philosophy and thinking on the nature of the judicial process may not be to everyone's liking, but it has a strong place and influence in modern American judicial practice, and is presented in terms clear enough to make interesting reading even for those outside the legal profession.

Editions
Hardcover
Book cover for 9781110564040 Book cover for 9781561694204
 
from Bibliolife (June 30, 2009)
9781110564040 | details & prices | 180 pages | 6.25 × 9.25 × 0.50 in. | 0.90 lbs | List price $26.99
About: This is a pre-1923 historical reproduction that was curated for quality.
8 reprint edition from Wm Gaunt & Sons (October 1, 1998)
9781561694204 | details & prices | List price $55.00
About: This Is A New Release Of The Original 1921 Edition.
Paperback
Book cover for 9780300000337 Book cover for 9780486443867 Book cover for 9780548761915 Book cover for 9781110564033 Book cover for 9781438513966 Book cover for 9781438519050 Book cover for 9781449546557 Book cover for 9781481832205 Book cover for 9781605203577
 
from Createspace Independent Pub (December 28, 2012)
9781481832205 | details & prices | 112 pages | 5.50 × 8.50 × 0.26 in. | List price $8.95
About: The Nature of the Judicial Process reflects the profound intellect of one of the most highly regarded jurists in American history.
The price comparison is for this edition
from Createspace Independent Pub (October 7, 2009)
9781449546557 | details & prices | 64 pages | List price $4.95
About: Benjamin Nathan Cardozo has often been held up as one of the leading Supreme Court Justices in history, despite serving a mere six years on the high court (1932-38).
from Cosimo Inc (August 31, 2009)
9781605203577 | details & prices | 180 pages | List price $9.99
About: This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court.
from Book Jungle (June 30, 2009)
9781438519050 | details & prices | 186 pages | 7.25 × 9.50 × 0.50 in. | 0.74 lbs | List price $13.46
About: The Nature of the Judicial Process is a clean and concise explanation of the judicial process.
from Bibliolife (June 30, 2009)
9781110564033 | details & prices | 182 pages | List price $21.75
About: This is a pre-1923 historical reproduction that was curated for quality.
from Book Jungle (March 31, 2009)
9781438513966 | details & prices | 188 pages | List price $11.46
About: This Is A New Release Of The Original 1921 Edition.
from Kessinger Pub Co (November 30, 2007)
9780548761915 | details & prices | 180 pages | 5.75 × 8.75 × 0.50 in. | 0.62 lbs | List price $22.95
About: This scarce antiquarian book is a facsimile reprint of the original.
from Dover Pubns (August 1, 2005)
9780486443867 | details & prices | 176 pages | 5.50 × 8.50 × 0.50 in. | 0.45 lbs | List price $8.95
About: 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?
from Yale Univ Pr (January 1, 1960)
9780300000337 | details & prices | 5.25 × 8.25 × 0.25 in. | 0.40 lbs | List price $26.00
About: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case.

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