The Nature of the Judicial Process - Couverture souple

Cardozo, Benjamin N.

Couverture souple

ISBN 10 : 0300000332 ISBN 13 : 9780300000337

Editeur : Yale University Press, 1977

Synopsis

"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, 1942-1946

In 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.

A propos du livre

Biographie de l'auteur

Benjamin Nathan Cardozo (1870 –1938) was a well-known American lawyer and associate Supreme Court Justice. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style. Cardozo served on the Supreme Court only six years, from 1932 until his death in 1938, and the majority of his landmark decisions were delivered during his eighteen year tenure on the New York Court of Appeals, the highest court of that state. In 1932, President Herbert Hoover appointed Cardozo to the Supreme Court of the United States to succeed Justice Oliver Wendell Holmes. The New York Times said of Cardozo's appointment that "seldom, if ever, in the history of the Court has an appointment been so universally commended." Democratic Cardozo's appointment by a Republican president has been referred to as one of the few Supreme Court appointments in history not motivated by partisanship or politics, but strictly based on the nominee's contribution to law. However, Hoover was running for re-election, eventually against Franklin Roosevelt, so a larger political calculation may have been operating. Cardozo was confirmed by a unanimous voice vote in the Senate on February 24. On a radio broadcast on March 1, 1932, the day of Cardozo's confirmation, Clarence C. Dill, Democratic Senator for Washington, called Hoover's appointment of Cardozo "the finest act of his career as President". The entire faculty of the University of Chicago Law School had urged Hoover to nominate him, as did the deans of the law schools at Harvard, Yale, and Columbia. Justice Harlan Fiske Stone strongly urged Hoover to name Cardozo, even offering to resign to make room for him if Hoover had his heart set on someone else (Stone had in fact suggested to Calvin Coolidge that he should nominate Cardozo rather than himself back in 1925). Hoover, however, originally demurred: there were already two justices from New York, and a Jew on the court; in addition, Justice James McReynolds was a notorious anti-Semite. When the chairman of the Senate Foreign Relations Committee, William E. Borah of Idaho, added his strong support for Cardozo, however, Hoover finally bowed to the pressure. Cardozo was a member of the Three Musketeers along with Brandeis and Stone, which was considered to be the liberal faction of the Supreme Court.

Présentation de l'éditeur

JffiSS PRINTED IN THE UNITED STATES 0! AMERICA Fiist Published, December, 1921. Second Printing, June, 1922; Third Printing, October, 1922, Fourth Printing, January, 1925, Fifth Printing, October, 1925. Sixth Printing, March, 1928, Seventh Printing, March, 1931. Eighth Printing, October, 1932. Ninth Printing, September, 1937, Tenth Printing, July, 1939. Eleventh Printing, November, 1941. Twelfth Printing, March, 1945. Thirteenth Printing, June, 1946. All rights reserved.
(Typographical errors above are due to OCR software and don't occur in the book.)

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Détails de l'édition

• Éditeur: Yale University Press
• Date d'édition: 1977
• Langue: anglais
• ISBN 10: 0300000332
• ISBN 13: 9780300000337
• Reliure: Broché
• Nombre de pages: 180
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible