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The Nature of the Judicial Process
1921 book by Benjamin N. Cardozo
Title page for The Nature of the Judicial Process (1921) | |
| Author | Benjamin N.
Cardozo |
|---|---|
| Language | English |
| Publisher | Yale University Press |
Publication date | 1921 |
| Publication place | United States |
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 AppealsChief JudgeBenjamin N.
Cardozo in 1921. It was compiled from The Storrs Lectures delivered at Yale Law School earlier that year.
Judge cardozo realistic eye
Summary
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 paramount value of social welfare.
Cardozo identifies four leading methods